Lake Forest City Council
May 17, 2022

May 17, 2022

LAKE FOREST CITY COUNCIL AGENDA Page 1

AGENDA

LAKE FOREST CITY COUNCIL

Regular Meeting of the City Council
Tuesday, May 17, 2022

Closed Session 5:30 p.m.

Public Session 6:30 p.m.

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

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

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

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

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

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

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

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

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

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

May 17, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 2

CALL TO ORDER: 5:30 p.m.

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

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

CLOSED SESSION PUBLIC COMMENT:

CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session. At this time, members of the public may address the City Council regarding any items listed on the Closed Session agenda. No action may be taken on items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per item. Any person wishing to address the City Council on a Closed Session matter is requested to complete a "Request to Speak" form available at agenda public review table near the entrance. The completed form is to be submitted to the City Clerk prior to an individual being heard by the City Council. Whenever possible, lengthy testimony should be presented to the City Council in writing (8 copies) and only pertinent points presented orally.

CLOSED SESSION
CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session.

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Manager

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

RECONVENE: City Council will reconvene to continue regular City business.

May 17, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 3

PUBLIC SESSION: 6:30 p.m.

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

INVOCATION: The Invocation will be provided by Brett Miller, Bishop of The Church of Jesus Christ of Latter-day Saints, Lake Forest Ward.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Members of the 1st ANGLICO, United States Marine Corps, Camp Pendleton.

CLOSED SESSION REPORT: City Attorney will report on Closed Session.

PRESENTATIONS: (Item No. 2)

2. RECOGNITION OF THE LAKE FOREST UNITED STATES MARINE

CORPS SUPPORT COMMITTEE

RECOMMENDED ACTION: Present Certificate of Recognition.

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

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

CONSENT CALENDAR (Item Nos. 3 – 12)
All matters listed under the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request specific items be removed from the Consent Calendar for separate action.

3. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES

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

4. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 3, 2022

RECOMMENDED ACTION: Approve as submitted.

May 17, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 4

5. MONTHLY TREASURER'S REPORT - APRIL 2022

RECOMMENDED ACTION: Receive and file.

6. ADOPTION OF THE 1ST ANGLICO, UNITED STATES MARINE CORPS,

CAMP PENDLETON

RECOMMENDED ACTION: Adopt a Resolution entitled: A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST,
CALIFORNIA, ADOPTING THE 1ST ANGLICO, UNITED STATES

MARINE CORPS, CAMP PENDLETON

7. SECOND AMENDMENT TO THE AGREEMENT WITH U.S. BANK
NATIONAL ASSOCIATION ("U.S. BANK") FOR BANKING SERVICES

RECOMMENDED ACTION: 1. Approve the Second Amendment to the Agreement with U.S. Bank National Association for Banking Services.

2. Authorize the City Mayor to sign, and the City Clerk to attest, the Second Amendment with U.S. Bank National Association.

8. SECOND AMENDMENT TO THE AGREEMENT WITH BEAR

ELECTRICAL SOLUTIONS FOR TRAFFIC SIGNAL MAINTENANCE

SERVICES

RECOMMENDED ACTION: 1. Approve the Second Amendment to the Agreement for Maintenance Services with Bear Electrical Solutions, Inc.

2. Authorize the Mayor to sign, and the City Clerk to attest, the Second Amendment with Bear Electrical Solutions, Inc., substantially in the form attached.

May 17, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 5

9. FIRST AMENDMENT TO THE AGREEMENT WITH JAMEY CLARK, INC.

FOR ON-CALL PARK AND FACILITY MAINTENANCE SERVICES

RECOMMENDED ACTION: 1. Approve the First Amendment to the Agreement for On-Call Facility and Park Maintenance Services with Jamey Clark, Inc.

2. Authorize the Mayor to sign, and the City Clerk to attest, the First Amendment substantially in the form attached.

10. FIRST AMENDMENT TO THE AGREEMENT WITH CROWN FACILITY

SOLUTIONS TO PROVIDE CUSTODIAL MAINTENANCE SERVICES AT

THE LAKE FOREST SPORTS PARK AND COMMUNITY POLICING
CENTER
RECOMMENDED ACTION: 1. Approve the First Amendment to the Agreement for Maintenance Services with Crown Facility Solutions to provide custodial maintenance services at the Lake Forest Sports Park and Community Policing Center.

2. Authorize the Mayor to sign, and the City Clerk to attest, the First Amendment to the Agreement with Crown Facility Solutions, substantially in the form attached.

11. THIRD AMENDMENT TO THE AGREEMENT WITH BRIGHTVIEW
LANDSCAPE SERVICES, INC., FOR LAKE FOREST CITY WIDE

SPORTS PARKS LANDSCAPE MAINTENANCE

RECOMMENDED ACTION: 1. Approve the Third Amendment to the Agreement with Brightview Landscape Services, Inc., for City Wide Sports Parks Landscape Maintenance Services.

2. Authorize the Mayor to sign, and the City Clerk to attest the Third Amendment with Brightview Landscape, Inc., substantially in the form attached.

May 17, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 6

12. NOTICE OF COMPLETION FOR PROTECTIVE-PERMISSIVE LEFT

TURN (PPLT) SIGNAL, SIGNING, AND STRIPING IMPROVEMENTS
(PW 2019-09)

RECOMMENDED ACTION: 1. Find that International Line Builders, Inc. has completed construction of the Protective Permissive Left Turn Signal, Signing, and Striping Improvements (PW 2019-09).

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

3. Authorize City Clerk to submit Notice of Completion for recordation to the Office of the County Recorder of Orange County within 15 days of the City Council approval.

4. Authorize staff to release of the five percent payment to the contractor in the amount of $16,314.40, thirty days after the recording of the Notice of Completion, provided no Stop Notices are on file with the City preventing the release of the retention payment.

DISCUSSION/ACTION ITEMS (Item Nos. 13 – 15)
The following matters are for City Council consideration/discussion/action. Members of the public may have the opportunity to address these items if they wish to do so. Please complete the Request to Speak form and give to the City Clerk.

13. 2021-2023 OPERATING BUDGET MID-CYCLE REVIEW FOR FISCAL YEAR 2022-23

RECOMMENDED ACTION: 1. Receive presentation on Mid-Cycle Budget Review.

2. Review, revise or provide direction on the allocation of Fiscal Year 2022-23 Budget.

14. AGREEMENT WITH THE COUNTY OF ORANGE FOR LAW

ENFORCEMENT SERVICES

RECOMMENDED ACTION: Approve and authorize the Mayor to sign the agreement with the County of Orange for Law Enforcement Services for Fiscal Year 2022-23.

May 17, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 7

15. LEGISLATIVE AND REGULATORY MATTERS

RECOMMENDED ACTION: 1. Adopt a Resolution Entitled: A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA TO OPPOSE CALIFORNIA INITIATIVE 21-
0042A2.

2. Approve the recommended City positions on various proposed California Assembly and Senate Bills provided by staff.

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

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

Council Member Moatazedi:

Council Member Tettemer:

Council Member Voigts:

Mayor Pro Tem Cirbo:

Mayor Pequeño:

May 17, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 8

ADJOURNMENT:

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

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

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

CERTIFICATION: I, Lisa Berglund, City Clerk of the City of Lake Forest, California, hereby certify that the foregoing agenda was posted for public review at City Hall on May 12, 2022.

Lisa Berglund
City Clerk

CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/17/2022
DEPARTMENT: Management Services
SUBJECT:

RECOGNITION OF THE LAKE FOREST UNITED STATES MARINE CORPS

SUPPORT COMMITTEE
RECOMMENDED ACTION(S):

Present Certificate of Recognition.

EXECUTIVE SUMMARY:

The Lake Forest United States Marine Corps Support Committee (“Committee”), a volunteer based 501(c)(3) non-profit organization, was established to manage the relationship between residents, support organizations, businesses of Lake Forest, and the members of the 1st Law Enforcement Battalion (“Battalion”) and their families. Formed in 2013 shortly after the City of Lake Forest adopted the Battalion, the Committee has helped plan numerous events, fundraisers, and activities to support the Battalion on behalf of the City.

The Battalion was the final of three law enforcement battalions to deactivate in October 2020. However, given the success and dedication of the Committee, Administrative Staff at Camp Pendleton reassigned them to support the 1st ANGLICO unit of the United States Marine Corps, which is also based in Camp Pendleton.

Assuming the City Council formally adopts the 1st ANGLICO unit tonight, the Committee will once again support this unit on behalf of the City. As such, staff recommends that the City Council also present a Certificate of Recognition to the Committee for their efforts.

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

Item: 2
9 1
9 8
6 ATTACHMENTS:

Certificate of Recognition
Initiated By: Nicole Houston, Management Assistant
Submitted By: Brett Channing, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 2
10 5
0 5
7 9
Attachment 1
Item: 2
11 5
0 5
7 9

CERTIFICATE OF RECOGNITION

THE LAKE FOREST

CITY COUNCIL

RECOGNIZES
Lake Forest
United States Marine Corps
Support Committee
For Dedicated Volunteer Service, Establishing Relationships Between Residents, Support Organizations, and Businesses of Lake Forest and the United States Marine Corps
May 17, 2022
____________________________
ROBERT PEQUEÑO
MAYOR
_____________________________

DOUG CIRBO

MAYOR PRO TEM
____________________________

SCOTT VOIGTS

COUNCIL MEMBER
_____________________________

MARK TETTEMER

COUNCIL MEMBER
____________________________

NEEKI MOATAZEDI

COUNCIL MEMBER
Item: 2
12 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/17/2022
DEPARTMENT: City Clerk
SUBJECT:

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

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

EXECUTIVE SUMMARY:

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

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

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

MINUTES OF THE REGULAR MEETING

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST

The Regular Meeting of the City Council of the City of Lake Forest held Tuesday, May 3, 2022, at the Lake Forest City Council Chamber, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:30 p.m.

ROLL CALL:

Councilmembers:

Mayor Pro Tem
Mayor:

City Manager:

City Attorney:

City Clerk:

Neeki Moatazedi
Mark Tettemer
Scott Voigts
Doug Cirbo
Robert Pequeño

Debra Rose
Matthew E. Richardson
Lisa Berglund

CLOSED SESSION: (Item No. 1)

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957 TITLE: CITY MANAGER
RECOMMENDED ACTION: Conduct Closed Session.

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

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

PUBLIC SESSION:

INVOCATION: The Invocation was provided by Council Member Cirbo and Pastor Arnoldo Granados, Centro Cristiano International Mission Viejo.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Tettemer.

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

Item: 4
14 LAKE FOREST CITY COUNCIL MINUTES MAY 3, 2022
Page No. 2

PRESENTATIONS: (Item Nos. 2 – 5)
MOTION: It was moved by Council Member Tettemer and seconded by Council Member Voigts to approve the presentations for this evening. The motion passed 5/0.

2. CONSIDER A PROCLAMATION SUPPORTING THE MONTH OF MAY AS

MENTAL HEALTH AWARENESS MONTH
ACTION: A presentation was received by Dr. Bhuvana Rao of the Orange County Health Dept. A proclamation was presented to her recognizing the month of May as Mental Health Awareness Month.

3. LAKE FOREST CHAMBER OF COMMERCE SEMI-ANNUAL UPDATE
ACTION: A presentation was received by Mary Visconte, CEO of the Lake Forest Chamber of Commerce.

4. CONSIDER A PROCLAMATION SUPPORTING DROWNING PREVENTION

AWARENESS
ACTION: A presentation was received by Chief Ryan Bishop Orange County Fire Authority. A proclamation was presented to him recognizing May through September 2022 as Drowning Prevention Awareness Season.

5. RECAP OF APRIL 23, 2022, DUMP DAY EVENT
ACTION: A presentation was received by Jonathan Volzke, Senior Communications and Marketing Analyst, related to the Dump Day Event held on April 23, 2022.

PUBLIC COMMENTS:

Public comments were received from Andrew O’Connor, Terry Anderson and Andrea Alexander.

CONSENT CALENDAR: (Item Nos. 6 - 14)
MOTION: It was moved by Council Member Voigts and seconded by Council Member Tettemer to approve Consent Calendar Item No. 6-14. The motion was carried by a vote of 5/0 with Council Members Cirbo abstaining from the ACMS line item on the warrant register, Council Member Moatazedi abstaining from the Southern California Gas line item on the warrant register and Council Member Tettemer dissenting on Item No. 7.

STATEMENTS READ INTO THE RECORD:

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

Item: 4
15 LAKE FOREST CITY COUNCIL MINUTES MAY 3, 2022
Page No. 3

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

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

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

6. MOTION TO WAIVE RESOLUTIONS AND ORDINANCES

ACTION: Said Ordinances and Resolutions which appeared on the public agenda were determined to have been read by title and further reading waived.

7. CONTINUING TO HOLD VIRTUAL MEETINGS PURSUANT TO AB 361

ACTION: Renewed findings were made that a state of emergency remains in effect and that state and local officials continue to recommend measures that promote social distancing.

Public comment was received from Andrew O’Connor.

8. CERTIFICATION OF WARRANT REGISTER

ACTION: The warrant register was approved in the amount of $4,032,696.92 as submitted.

Public comment was received from Andrew O’Connor.

9. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 19, 2022

ACTION: The minutes of the regular meeting of April 19, 2022 were approved as submitted.

10. PROCLAMATION DESIGNATING THE WEEK OF MAY 1, 2022, AS

MUNICIPAL CLERKS WEEK
Item: 4
16 LAKE FOREST CITY COUNCIL MINUTES MAY 3, 2022
Page No. 4

ACTION: A proclamation was approved designating May 1-7, 2022, was approved as Municipal Clerk’s Week in the City of Lake Forest.

11. PROCLAMATIN DESIGNATING MAY 15-21, 2022, AS “NATIONAL PUBLIC WORKDS WEEK”

ACTION: A proclamation was approved designating May 15-21, 2022, as National Public Works Week in the City of Lake Forest.

12. UPDATED 2022 IMPLEMENTATION GUIDELINES FOR THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)

ACTION: A resolution was adopted entitled: A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA AMENDING AND

ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE 21000 ET SEQ.)

13. FIRST AMENDMENT TO THE AGREEMENT WITH RALPH ANDERSON &

ASSOCIATES FOR HUMAN RESOURCES CONSULTING SERVICES

Public comment was received from Andrew O’Connor.

ACTION: 1. The First Amendment to the Agreement with Ralph Andersen & Associates for Human Resources Consulting Services was approved.

2. The Mayor was authorized to sign, and the City Clerk attest to, the agreement with Ralph Andersen & Associates, substantially in the form attached.

14. FOURTH AMENDMENT TO THE AGREEMENT WITH BRIGHTVIEW
LANSCAPE SERVICES, INC., FOR LAKE FOREST SPORTS PARK

MAINTENANCE

Public comment was received from Andrew O’Connor.

ACTION: 1. The Fourth Amendment to the contract with Brightview Landscape Services, Inc., for Lake Forest Sports Park Landscape Maintenance Services was approved.

2. The Mayor was authorized to sign, and the City Clerk to attest the Fourth Amendment with Brightview Landscape, Inc., substantially in the form attached.

Item: 4
17 LAKE FOREST CITY COUNCIL MINUTES MAY 3, 2022
Page No. 5

Item: 4
18 LAKE FOREST CITY COUNCIL MINUTES MAY 3, 2022
Page No. 6

DISCUSSION/ACTION ITEMS: (Item No. 15)

15. COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG’) PROGRAM – FISCAL YEAR (“FY”) 2022-2023 ANNUAL ACTION PLAN

City Manager Rose introduced the item. Senior Planner Ron Santos gave a presentation to the City Council. City Council questions were asked and answered.

MOTION: A motion was made by Council Member Voigts and seconded by Council Member Moatazedi to approve the Fiscal Year 2022-2023 Community Development Block Grant Annual Action Plan and staff was authorized to submit the Annual Action Plan to the U.S. Department of Housing and Urban Development substantially in the form attached. Staff was further authorize to implement the FY 2022-2023 CDBG, including but not limited to, executing subrecipient agreements and awarding grant funds. The motion passed 5/0.

CITY MANAGERS REPORT:

City Manager Rose has no further comments.

CITY COUNCIL COMMENTS:

Council Member Moatazedi:

Council Member Moatazedi complimented the
Chamber on the State of the City event.

Council Member Tettemer:

Council Member Tettemer agreed that the State of the
City event was well done. He announced the Rancho
Days Fiesta at Heritage Hill will be held Saturday, May 7 at
11:00 a.m.

Council Member Voigts:

Council Member Voigts enjoyed the State of the City
event and complimented staff. He encouraged
residents to watch the recording of the State of the
City. Council Member Voigts attended the City’s Pet
Expo. The event had high attendance and many
adoption applications were filed.

Mayor Pro Tem Cirbo:

Mayor Pro Cirbo complimented the Mayor on the State
of the City event.

Mayor Pequeño:

Mayor Pequeño thanked Council Member Moatazedi:
for bringing forward a resolution on Mental Health
Awareness. He announced that on May 18, he will be
Item: 4
19 LAKE FOREST CITY COUNCIL MINUTES MAY 3, 2022
Page No. 7

holding a Town Hall meeting to discuss
homelessness.

ADJOURNMENT: The regular meeting of the City Council was adjourned at 7:40 p.m.

Respectfully submitted: APPROVED:

__
LISA BERGLUND, MPA ROBERT PEQUEÑO

CITY CLERK MAYOR

Item: 4
20 CITY COUNCIL AGENDA REPORT
MEETING DATE: 05/17/2022
DEPARTMENT: Finance
SUBJECT:

MONTHLY TREASURER'S REPORT - APRIL 2022
RECOMMENDED ACTION(S):

Receive and file.

EXECUTIVE SUMMARY:

The Treasurer's Report for the month ended April 30, 2022 is attached. There are no exceptions to the Investment Policy. Total cash and investments equal $151.9 million for the period.

DISCUSSION:

The Treasurer’s Report for the month ended April 30, 2022 is attached. There are no exceptions to the Investment Policy.

Investment Portfolio
The City’s balances consist of the following:

Type Millions
Federal Home Loan Bank (FHLB) $ 2.0
Local Agency Investment Fund (LAIF) 74.8
California Asset Management Program (CAMP) 0.0
Orange County Investment Pool (OCIP) 41.3
Federated Government Obligations Fund 12.5
Operating Bank Balance-US Bank 21.3
Total Cash and Investments $ 151.9
The investment portfolio balance (excluding the operating bank balance) was unchanged during the last month. The balance in the investment portfolio was Item: 5
21 1
8 1
5 consistent with staff’s expectations based on the operating and capital improvement activities during the month.

There were no investment purchases and no maturity during the month. The types of investments currently included in the portfolio are described below with any new information since the last report.

The Local Agency Investment Fund (“LAIF”), Orange County Investment Pool (“OCIP”), and California Asset Management Program (“CAMP”) are the City’s liquidity pools. Liquidity pools are the source of funding for weekly ongoing operating costs. Many cities use only LAIF, while Lake Forest has been more conservative in this respect. The US Bank balance reflected on the previous page is mostly transitory, as a function of holding deposits until the funds are invested and subsequently disbursed from LAIF/OCIP/CAMP for operations.

State law requires that these bank balances be collateralized at 110%. The Federated Government Obligations Fund Service Share Money Market Fund is also mostly transitory, as a function of holding matured investments and earnings until the City purchases new investments. This account is the custodial account for the City’s investment safekeeping institution, US Bank.

LAIF is a conservative investment pool managed by the State. The State cannot access these balances to fund its operational expenditures. Staff believes it is still prudent to maintain funds for liquidity in LAIF. LAIF earned .523% on the fund in April, which is higher than the City’s earnings of .365% as of March 31, 2022.

Orange County Investment Pool (“OCIP”) allows local government agencies to voluntarily invest surplus cash to obtain competitive yields while maintaining safety and liquidity, thereby creating a multi-million-dollar County investment pool that enables investments in diversified instruments. OCIP earned approximately .547% on the fund as of April 30, 2022.

CAMP is a conservative short-term money market investment pool for a group of local agencies. CAMP earned approximately .50% on the fund as of April 30, 2022.

Cash with Fiscal Agent
During the month, cash with the fiscal agent was unchanged.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

Item: 5
22 1
8 1
5 ATTACHMENTS:

Monthly Treasurer's Report
Initiated By: Amy Lewis, Assistant Director of Finance
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
Item: 5
23 ATTACHMENT
Item: 5
24 VALUE OF PORTFOLIO
This Month Last Month
Market Value 130,584,192$ 130,767,889$
Book Value 130,580,872$ 130,785,651$
This Month Last Month
Average Maturity (days) 2 2
Average Maturity to Call (days) 2 2
RETURN
This Month Last Month
Average Annual Return 0.502% 0.386%
Average Annual Return to Call 0.502% 0.386%

1. I hereby certify that the investments are in compliance with the investment policy approved by the City Council on December 21, 2021.

2. Although any investment is impacted by market conditions, the current investments are structured to reduce the impact of market conditions.

3. The market values for the investments are provided by the City's Custodian, US Bank.

Local Agency Investment Fund, California Asset Management Program and

4. The City has the ability to meet its budgeted expenditures for the next six months.

Kevin R. Shirah
Director of Finance / City Treasurer

CITY OF LAKE FOREST

MONTHLY INVESTMENT HIGHLIGHTS
April 30, 2022
Orange County Investment Pool market values are the withdrawal amount. 1 Item: 5
25 SUMMARY OF TRANSACTIONS
Investment Securities*
Activity
Dollar Volume
(Par Value)
Transaction
Count
Purchases -$ -$
Maturities -$ 0
Called - Prior to Maturity -$ -$
Sale - Prior to Maturity -$ -$
* The Investment Securities activity is also included in the account summary below.

LAIF, CAMP, OCIP & Money Market Mutual Fund (MMMF)
Category Deposits Withdrawals
Local Agency Investment Fund 58,182$ 250,000$
California Asset Management Program -$ -$ Orange County Investment Pool 14,094$ 2,035$
Federated Government Obligations Fund Service Shares 234$ 1,273$ No exceptions.

EXCEPTIONS TO INVESTMENT POLICY
April 30, 2022

CITY OF LAKE FOREST

MONTHLY INVESTMENT HIGHLIGHTS/
April 30, 2022

EXCEPTIONS TO INVESTMENT POLICY

CITY OF LAKE FOREST
2 Item: 5
26 CITY OF LAKE FOREST

CASH AND INVESTMENTS
April 30, 2022
CASH & INVESTMENTS:

Type Market Value
Bank Accounts 21,339,341$
Investments 2,003,320
Local Agency Investment Fund 74,754,160
California Asset Management Program 3,923
Orange County Investment Pool 41,295,668
Federated Government Obligations Fund Service Shares 12,527,121 Total 151,923,533$
CASH WITH FISCAL AGENT:

Type Market Value
First American Treasury Obligatory Fund -$
3 Item: 5
27 CITY OF LAKE FOREST

PORTFOLIO STRUCTURE
April 30, 2022
COMPARISON OF INVESTMENT PORTFOLIO BY TYPE:

Average
% or $ Average Maturity Allowed
Book % or $ Over Maturity to Call Maturity
Type of Instrument Value Portfolio Allowed Limit (in days) (in days) (in days) U.S. Treasury Bills 0.0% 100% 1825
U.S. Treasury Notes 0.0% 100% 1825
U.S. Treasury Bonds 0.0% 100% 1825
Federal Agencies 2,000,000$ 1.6% 100% 41 41 1825
Bankers' Acceptances 0.0% 20% 180
Certificates of Deposit (Non-Negotiable) 0.0% 30% 730
Commercial Paper 0.0% 25% 270
Local Agency Investment Fund 74,754,160 57.2% $75 MM N/A N/A N/A California Asset Management Program 3,923 0.0% 30% N/A N/A N/A Orange County Investment Pool 41,295,668 31.6% 100% N/A N/A N/A Federated Government Obligations Fund Service Shares 12,527,121 9.6% 10% N/A N/A N/A Totals 130,580,872$ 100.0%
CALLABLES AS PERCENTAGE OF BOOK VALUE:

Federal Agencies - Callable -$ 0.0% 100% 0 0 1825 4 Item: 5
28 INVESTMENT PORTFOLIO BY ISSUER:

Book % of % or $ Over
Issuer Name Value Portfolio Allowed Limit Quality
U.S. Treasury -$ 100% AAA+
Federal Home Loan Bank 2,000,000 1.5% 70% AAA
Federal National Mortgage Association 0 0.0% 70% AAA
Federal Home Loan Mortgage Corporation 0 0.0% 70% AAA
Federal Agricultural Mortgage Corporation 0 0.0% 70% AAA Federal Farm Credit Bank 0 0.1% 70% AAA
Local Agency Investment Fund 74,754,160 57.2% $75 MM N/R California Asset Management Program 3,923 0.0% 30% N/R Orange County Investment Pool 41,295,668 31.6% 100% N/R Federated Government Obligations Fund Service Shares 12,527,121 9.6% 10% AAA Totals 130,580,872$ 100.0%
DISTRIBUTION BY SELLING INSTITUTION:
% of
Name of Institution Book Value Total
Raymond James & Associates, Inc. -$ 0.0% Multi-Bank Securities, Inc. 0 0.0%
Wedbush Morgan 2,000,000 1.6%
Local Agency Investment Fund 74,754,160 57.2%
California Asset Management Program 3,923 0.0%
Orange County Investment Pool 41,295,668 31.6%
Federated Government Obligations Fund Service Shares 12,527,121 9.6% Totals 130,580,872$ 100.0%

CITY OF LAKE FOREST

DISTRIBUTION BY SELLING INSTITUTION
April 30, 2022

PORTFOLIO STRUCTURE
5 Item: 5
29 CITY OF LAKE FOREST
PORTFOLIO DETAILS SORTED BY MATURITY DATES 1
April 30, 2022
Market Par Book Coupon Yield to Purchase Maturity
Type of Instrument Issuer 2 Seller 3 Value 4
Value Value Rate Maturity Date Date
Federal Agency FHLB Wedbush 2,003,320 2,000,000 2,023,982 2.125% 1.870% 6/29/17 6/10/22 LAIF 5
N/A N/A 74,754,160 74,754,160 74,754,160 N/A N/A N/A N/A CAMP 6
N/A N/A 3,923 3,923 3,923 N/A N/A N/A N/A
OCIP 7 N/A N/A 41,295,668 41,295,668 41,295,668 N/A N/A N/A N/A Money Market Fund 8
N/A N/A 12,527,121 12,527,121 12,527,121 N/A N/A N/A N/A Totals 130,584,192$ 130,580,872$ 130,604,854$
1 All investments are held in safekeeping by US Bank.
2 FHLB = Federal Home Loan Bank
3 Wedbush = Wedbush Securities
4 Market values are obtained monthly from US Bank.
5 Local Agency Investment Fund
6 California Asset Management Program
7 Orange County Investment Pool
8 Federated Government Obligations Money Market Fund
6 Item: 5
30 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/17/2022
DEPARTMENT: Management Services
SUBJECT:

ADOPTION OF THE 1ST ANGLICO, UNITED STATES MARINE CORPS, CAMP

PENDLETON
RECOMMENDED ACTION(S):

Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, ADOPTING THE 1ST ANGLICO,

UNITED STATES MARINE CORPS, CAMP PENDLETON
EXECUTIVE SUMMARY:

The City of Lake Forest, consistent with other localities, has “adopted” military groups or units. The reciprocal relationship consists of the City and the Lake Forest United States Marine Corps Support Committee providing support to the unit and their families. In return, the unit participates in City events and makes the color guard available for ceremonies and parades.

On January 4, 2022, Mayor Pro Tem Cirbo brought forth the discussion of the potential adoption of a new United States Marine Corps unit, 1st Air Naval Gunfire Liaison Company, 1st ANGLICO, as the previously adopted 1st Law Enforcement Battalion disbanded in 2020 (Attachment 1). Based on City Council direction at the February 15, 2022 (Attachment 2), City Council meeting, staff has prepared the attached Resolution to formally adopt the 1st ANGLICO unit (Attachment 3) Staff recommends the City Council adopt the attached Resolution, which will formalize the adoption pursuant to the adoption request letter sent by the 1st ANGLICO unit on February 9, 2022 (Attachment 4).

BACKGROUND:

The City Council adopted the 1st Law Enforcement Battalion (“1LEB”), United States Marine Corps, based at Camp Pendleton, at its meeting on September 17, 2013 via resolution. Adoption of 1LEB resulted in supporting unit members and their families on an ongoing basis, both when stationed at Camp Pendleton or deployed abroad. In return, 1LEB participated in special events, senior dances, provided speakers when requested, and made the color guard available for Item: 6
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1 public ceremonies and parades, including the City’s annual Fourth of July celebration. Staff time and financial costs to the City were minimal.

The Lake Forest United States Marine Corps Support Committee (“Committee”), a volunteer based 501 (c)(3) non-profit organization, was established to manage the relationship between residents, support organizations, and businesses of Lake Forest, and the members of 1LEB and their families. Formed upon adoption of 1LEB in 2013, the Committee’s purpose was to plan events within the city, strengthening those ties.
1LEB was the final of three law enforcement battalions to deactivate in October 2020 as part of Force Design 2030. Force Design 2030 was an effort by the United States Marine Corps to adapt and remain combat relevant, with a focus on aviation and artillery, rather than infantry. Given the success and dedication of the Committee, Administrative Staff at Camp Pendleton reassigned them to support the 1st Air Naval Gunfire Liaison Company, or 1st ANGLICO (“Unit”), which is also based in Camp Pendleton.

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

The discussion was brought to City Council at the February 15, 2022 meeting (Attachment 2), and the City Council directed staff to bring back a resolution for formal adoption of the Unit (Attachment 3).

DISCUSSION:

Several local entities have adopted Marine units, including the Cities of Laguna Hills, Mission Viejo, and Rancho Santa Margarita. The proposed adoption of the Unit would support its members and their families. Typical activities could include, but are not limited to; providing care packages, conducting fundraising activities; and providing support to assist junior Marines who wish to attend the annual Marine Corps Ball. In return, the Unit would participate in community events, provide speakers when requested, and make its color guard available for public ceremonies and parades, including the City’s annual Fourth of July celebration.

The Committee has provided staff a letter detailing its support of the new Unit and desire for the City Council to adopt them (Attachment 4). As such, the Committee would continue to work in conjunction with the City to provide support.

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1 This includes allowing the Committee to utilize a room in the Lake Forest Sports Park for its monthly meetings, as well as authorizing use of the City logo for fundraising efforts, organization website, and printed materials. Staff expects that support activities and interactions with the Unit would be consistent with the activities in support of the former 1st Law Enforcement Battalion. As a result, staff projects this will result in a cost of approximately $1,000 per year of in- house staff time and facility use.

Staff believes that the proposed adoption program provides positive benefits for the community, as it encourages interaction between residents and the Unit.

Staff recommends the City Council approve the Resolution, formalizing the City’s adoption of the 1st ANGLICO, United States Marine Corps and finalizing its direction from the February 15, 2022 City Council meeting.

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

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

2. Excerpt from the City Council Meeting Minutes, February 15, 2022

3. Resolution Adopting the 1 st ANGLICO, United States Marine Corps, Camp Pendleton.

4. Letter from Lake Forest Marine Corps Support Committee (February 9, 2022)
Initiated By: Nicole Houston, Management Assistant
Submitted By: Brett Channing, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 6
33 Attachment 1
Item: 6
34 LAKE FOREST CITY COUNCIL MINUTE EXCERPT PREPARED BY THE OFFICE OF THE CITY CLERK JANUARY 4, 2022
Page No. 1

MINUTE EXCERPT

LAKE FOREST REGULAR CITY COUNCIL MEETING
JANUARY 4, 2022
____________________________________________________________

COUNCIL COMMENTS:

Mayor Pro Tem Cirbo:

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

Item: 6
35 Attachment 2
Item: 6
36 PREPARED BY THE OFFICE OF THE CITY CLERK LAKE FOREST CITY COUNCIL MINUTE EXCERPT February 15, 2022
Page No. 1

MINUTE EXCERPT

LAKE FOREST REGULAR CITY COUNCIL MEETING
FEBRUARY 15, 2022
____________________________________________________________ DISCUSSION:

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

CORPS, CAMP PENDETON, ADOPTION DISCUSSION
City Manager Rose introduced the item. Deputy City Manager Channing summarized the item using a power point presentation. Council Member Voigts voiced his support for the adoption of 1st ANGLICO. Mayor Pro Tem Cirbo complimented Dianne Rosenberg for her loyal, volunteerism with the organization.

MOTION: Mayor Pro Tem Cirbo made a motion to adopt the 1st Air Naval Gunfire Liaison Company (“ANGLICO”) of the United States Marine Corps based at Camp Pendleton and for staff to plan a formal ceremony in the future.

The motion was seconded by Mayor Pequeno. The motion passed 5/0.

Item: 6
37 Attachment 3
Item: 6
38 RESOLUTION NO. 2022-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, ADOPTING THE 1ST ANGLICO, UNITED STATES MARINE CORPS, CAMP PENDLETON WHEREAS, the City of Lake Forest has shown its support for the military and those who serve; and WHEREAS, 1st ANGLICO, or 1st Air Naval Gunfire Liaison Company, was formed by the United States Marine Corps, in an effort to adapt and remain combat relevant, with a focus on aviation and artillery; and WHEREAS, the City of Lake Forest was approached with the opportunity to adopt a newly formed unit, 1st ANGLICO, United States Marine Corps, Camp Pendleton; and WHEREAS, the City of Lake Forest supports and appreciates the American military forces, engaged in defending the freedoms and principles of the United States; and WHEREAS, the City of Lake Forest will facilitate and channel community support for both military personnel and their families, through the adoption program; and WHEREAS, the Lake Forest community has an enthusiastic volunteer base, committed community involvement, and devoted volunteers, to support this and other programs, for the betterment of the City; and WHEREAS, the City of Lake Forest is pleased to participate in the adoption of the 1 st ANGLICO, United States Marine Corps, Camp Pendleton and hopes to lead residents, businesses, non-profit organizations, and others in becoming more involved in supporting military personnel and their families; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lake Forest, California, hereby adopt the 1st ANGLICO, United States Marine Corps, Camp Pendleton.

PASSED, APPROVED and ADOPTED this 17th day of May 2022.

ROBERT PEQUEÑO
MAYOR
ATTEST:

LISA BERGLUND

CITY CLERK
APPROVED AS TO FORM:

MATTHEW E. RICHARDSON

CITY ATTORNEY
Item: 6
39 Attachment 4
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40 Item: 6
41 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/17/2022
DEPARTMENT: Finance
SUBJECT:

SECOND AMENDMENT TO THE AGREEMENT WITH U.S. BANK NATIONAL ASSOCIATION ("U.S. BANK") FOR BANKING SERVICES
RECOMMENDED ACTION(S):

1. Approve the Second Amendment to the Agreement with U.S. Bank National Association for Banking Services.

2. Authorize the City Mayor to sign, and the City Clerk to attest, the Second Amendment with U.S. Bank National Association.

EXECUTIVE SUMMARY:

The City currently uses U.S. Bank National Association (“U.S. Bank”) for general banking services and has since 1997. The current Banking Services Agreement with U.S. Bank (“Agreement”) was approved by the City Council on June 5, 2018.

On June 15, 2021, the City Council exercised the City’s first optional one-year extension by authorizing the First Amendment to the Agreement. The First Amendment extended the term of the Agreement with U.S. Bank by one year to June 30, 2022 with no change to the pricing for services. To continue with uninterrupted Banking Services, staff negotiated with U.S. Bank to guarantee the current pricing for one additional year. The 2021-23 Operating Budget includes $24,000 annually to pay for service charges incurred monthly. The proposed Second amendment would extend the term of the Agreement to June 30, 2023 and maintain current pricing. Staff recommends the City Council authorize the Mayor to sign, and the City Clerk to attest to the proposed Second Amendment.

BACKGROUND:

In February 1997, the City contracted with National Bank of Southern California for banking services. Shortly after, National Bank of Southern California merged with Southern California Bank. U.S. Bank has provided banking services to the City since its latest merger with Southern California Bank in March 2000.

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5 DISCUSSION:

U.S. Bank currently provides the City’s banking services under the Agreement approved by the City Council on June 5, 2018, based on a competitive Request for Proposal process (Attachment 1). The Agreement included an initial three- year term with two optional one-year extensions. On June 15, 2021, the City Council approved the First Amendment to the Agreement with U.S. Bank, which exercised the first optional one-year extension (Attachment 2).

Throughout the term of the Agreement, U.S. Bank provided satisfactory customer service for the City’s general banking services. Examples of some of these services are an operating account, a zero-balance account for payroll, and automatic deposits for State and County receipts. U.S. Bank also provides a courier service for daily deposits, a positive pay system to prevent check fraud, ACH fraud defense, and a monthly account analysis report that includes information on the average daily cash balance, average daily float, earnings allowance, and transaction volumes and prices. Staff is very satisfied with the vendor’s performance to date, as exemplified in Table 1 below:

Table 1: U.S. Bank Performance Review

Most of the bank fees have remained the same since 1997, even though the volume of the City’s operations has increased. Fees may vary based on the City’s interest earnings on deposit each month as interest earnings are used to offset fees. The 2021-23 Operating Budget includes $24,000 annually to pay for service charges incurred monthly.

Given the importance of maintaining uninterrupted financial services, the guarantee of current pricing for the length of the next proposed term, and satisfactory performance, staff recommends approval of the Second Amendment (Attachment 3). If approved, the Second Amendment would extend the term by one year until June 30, 2023, and U.S. Bank will maintain the current service pricing. Staff also recommends the City Council authorize the Mayor to execute U.S. Bank Performance Review
July 1, 2018 – May 10, 2022
Category Unsatisfied - Very Satisfied
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 Item: 7
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5 the Second Amendment to ensure continuity in the provision of banking services from U.S. Bank.

The Finance Department prepared the proposed Second Amendment and the City Attorney’s Office reviewed and approved the document as to form.

FISCAL IMPACT:

Sufficient funds are allocated in the Finance Department Proposed Fiscal Year 2022-23 Operating Budget in Bank Charges and Fees.

ATTACHMENTS:

1. Agreement with U.S. Bank for Banking Services

2. First Amendment to the Agreement with U.S. Bank for Banking Services

3. Second Amendment to the Agreement with U.S. Bank for Banking Services Initiated By: Nidia Ruelas, Management Analyst
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
Item: 7
44 ATTACHMENT 1
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58 ATTACHMENT 2
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61 ATTACHMENT 3
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62 55136.00200\31919338.1 - 1 -

CITY OF LAKE FOREST

SECOND AMENDMENT TO

AGREEMENT FOR BANKING SERVICES
PARTIES AND DATE.

This Second Amendment to the Agreement for Banking Services (“Second 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 Fore st, CA 92630 (“City”) and U.S. Bank National Association (“Bank”). City and Bank are sometimes individually referred to herein as “Party” and collectively as “Parties.”
RECITALS.

2.1 Agreement. The Parties entered into that certain Agreement for Banking Services dated June 19, 2018 (“Agreement”).

2.2 First Amendment. The Parties entered into that certain First Amendment in order to extend the term of the Agreement dated June 18, 2021 (“First Amendment”).

2.3 Second Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement.

TERMS.

3.1 Term. Section 2.1 of the Agreement is hereby amended in its entirety to read as follows:

Term of the Agreement. Unless terminated earlier pursuant to the express provisions of this Agreement, the term of this Agreement shall commence on July 1, 2018 and continue until June 30, 2023.

3.2 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

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63 55136.00200\31919338.1 - 2 -

CITY OF LAKE FOREST U.S. BANK NATIONAL ASSOCIATION
By:

Robert Pequeño
Mayor

By:
[INSERT NAME AND TITLE]
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:

By:

Lisa Berglund
City Clerk
By:
[INSERT NAME AND TITLE]
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Item: 7
64 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/17/2022
DEPARTMENT: Public Works
SUBJECT:

SECOND AMENDMENT TO THE AGREEMENT WITH BEAR ELECTRICAL

SOLUTIONS FOR TRAFFIC SIGNAL MAINTENANCE SERVICES
RECOMMENDED ACTION(S):

1. Approve the Second Amendment to the Agreement for Maintenance Services with Bear Electrical Solutions, Inc.

2. Authorize the Mayor to sign, and the City Clerk to attest, the Second Amendment with Bear Electrical Solutions, Inc., substantially in the form attached.

EXECUTIVE SUMMARY:

Since June 5, 2018, Bear Electrical Solutions (“Bear Electrical”) has been the City’s contractor for traffic signal maintenance services. Bear Electrical’s Agreement for Maintenance Services (“Agreement”) includes a variety of services related to the repair and maintenance of the City’s traffic signal system (Attachment 1). The First Amendment is set to expire on June 30, 2022 (Attachment 2).

Staff recommends approval of the Second Amendment to the Agreement, which will extend the term of the Agreement by one year and add $483,000 in compensation (Attachment 3). This compensation will cover routine maintenance costs for Fiscal Year 2022-23 along with permanent repairs needed for equipment damaged by previous traffic collisions that occurred during Fiscal Year 2021-22. In accordance with City practice, staff will seek reimbursements from the insurance companies of the at-fault vehicles involved in the two collisions that significantly damaged the City’s equipment. If approved, the total compensation amount for the Agreement with Bear Electrical would be $2,011,982. The proposed Second Amendment does not include an increase to the unit prices identified in the Agreement.

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4 BACKGROUND:

On June 5, 2018, the City Council awarded the Agreement with Bear Electrical for the provision of traffic signal maintenance services. The Agreement includes a three-year term from July 1, 2018 to June 30, 2021 and a compensation amount of $939,000. The term of the Agreement includes two optional one-year extensions at the discretion of the City Council. The approval of the initial Agreement provided compensation to begin utilizing Bear Electrical’s services with the understanding staff would bring amendments back to City Council on an as-needed basis. On May 4, 2021, City Council approved the First Amendment to the Agreement for $589,982 for an additional year of services, which brought the total compensation amount to $1,528,982 (Attachment 2). This First Amendment is set to expire on June 30, 2022.

Bear Electrical’s scope of work includes routine maintenance and extraordinary maintenance. Routine maintenance is defined as preventative maintenance activities performed on a monthly or otherwise regular basis. Extraordinary maintenance would address issues discovered during routine maintenance that may include repair or replacement of equipment damaged by traffic collisions, vandalism, natural disasters, street construction or excavation. This also includes repainting of equipment, replacements due to degradation, required industry updates, or other unusual factors when labor and materials are necessary to ensure the safe and efficient operation of the City’s traffic signal system beyond routine maintenance. Although the amount of extraordinary maintenance required to maintain any municipal traffic signal system is difficult to predict, the current cost related to the Agreement provides a historical dataset to work with for the City’s 93 traffic signals, 7 flashing beacons, 370 luminaires (previously referred to as “safety lights”), 376 streetlights, and 337 internally illuminated street name signs.

DISCUSSION:

Staff recommends the approval of the Second Amendment to the Agreement with Bear Electrical, which would extend the term for an additional year and add $483,000 in compensation to cover unexpected repair expenses during the current term of the Agreement and compensate Bear Electrical for another year of routine maintenance service (Attachment 3). Over the past four years, the City has:
Added two new traffic signals
Modernized much of its equipment
Installed Flashing Yellow Arrows
Installed Audio Pedestrian Systems
Installed new illuminated street name signs
Item: 8
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4 Retrofitted lights to energy-efficient LED lighting
Added more signal equipment to the City’s inventory
Additionally, the City has experienced an unexpected rise in damaged equipment from traffic collisions that require temporary and permanent repairs. Staff also anticipates more development-related traffic signals to enter its inventory within the next year. These additional traffic signals and related assets necessitate more maintenance services from Bear Electrical. As such, the Second Amendment includes adjustments to the scope of work to accommodate these increased maintenance responsibilities.

The proposed Second Amendment to the Agreement satisfies two major objectives. First, the Second Amendment adds $313,000 in additional compensation for routine maintenance to the final year of the Agreement.

Second, the Second Amendment adds $170,000 in compensation to cover the unexpected costs of providing temporary and permanent repairs to traffic signals that were damaged by vehicle accidents and cover the increased maintenance work required by Bear Electrical to maintain recently upgraded and added traffic signal equipment. In accordance with City practice, staff will seek reimbursements from the insurance companies of the at-fault vehicles involved in the collisions that damaged the City’s traffic signal equipment.

If approved, an additional $483,000 in compensation will be added to the Agreement, bringing the total compensation of the Agreement to $2,011,982. The Second Amendment does not include any increase to the unit prices identified in the Agreement.

Table 1: Summary of Bear Electrical Agreement Amendments and Compensation

SECOND AMENDMENT TO THE AGREEMENT
Original Compensation Amount $939,000
First Amendment Compensation Amount $589,982
Fiscal Year 2022-23 Routine and Repair Maintenance
(Second Amendment)
$313,000
Fiscal Year 2022-23 Anticipated Traffic Collision Repair and Additional Maintenance (Second Amendment)
$170,000
TOTAL COMPENSATION AMOUNT $2,011,982
Staff evaluated Bear Electrical’s performance pursuant to the City’s Purchasing and Contract Guidelines to consider utilizing their services for another year and amend their current Agreement. Staff completed a vendor performance Item: 8
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4 assessment for Bear Electrical, which the City uses as a guide to determine whether an agreement should be amended, renewed, or terminated based on performance in the following categories: performance of scope of services; timeliness; budget performance; and customer service. Utilizing a detailed evaluation form, staff rates the consultant on a one to five scale for specific questions contained in each category.

The chart below provides an overall summary of Bear Electrical’s performance since the commencement of the Agreement.

Bear Electrical Solutions – Performance Review July 1, 2018, through May 4, 2021
Category Unsatisfied – Very Satisfied
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 Consistent with the City’s Purchasing and Contract Guidelines, the Finance Department prepared the Second Amendment and the City Attorney’s Office reviewed and approved the Second Amendment as to form (Attachment 3).

Therefore, as shown in the tables above, staff is recommending adoption of the Second Amendment, which would extend the current Agreement for one year and increase the total compensation of the Agreement by $483,000, for a total not-to-exceed compensation amount of $2,011,982.

FISCAL IMPACT:

The fiscal impact of the recommended action increases compensation in the Bear Electrical Agreement by $483,000 for a total compensation amount of $2,011,982, maintains contractual unit prices, and extends the term of the Agreement for one year. The proposed budget for Fiscal Year 2022-23 in the 2021-23 Operating Budget includes sufficient funding to cover the costs of the recommended action.

ATTACHMENTS:

1. Agreement for Maintenance Services with Bear Electrical Solutions, Inc.

Item: 8
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4 2. First Amendment to the Agreement with Bear Electrical Solutions, Inc.

3. Second Amendment to the Agreement with Bear Electrical Solutions, Inc.

Initiated By: Tran Tran, Traffic Engineering Manager
Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 8
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55136.00200\31919338.1 - 1 -

CITY OF LAKE FOREST

SECOND AMENDMENT TO

AGREEMENT FOR MAINTENANCE SERVICES
PARTIES AND DATE.

This Second Amendment to the Agreement for Maintenance Services (“Second 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 Forest, CA 92630 (“City”) and Bear Electrical Solutions, Inc., a California corporation, with its principal place of business at 1341 Archer Street, Alviso, California 95002 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” RECITALS.

2.1 Agreement. The Parties entered into that certain Agreement for Traffic Signal Maintenance Services dated June 19, 2018 (“Agreement”).

2.2 First Amendment. The Parties entered into that certain First Amendment in order to extend the term of the Agreement , increase the total amount of compensation under the Agreement, and update the Delivery of Notices dated May 4, 2021.

2.2 Second 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:

Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO

MILLION ELEVEN THOUSAND NINE HUNDRED EIGHTY -TWO
DOLLARS ($2,011,982) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/17/2022
DEPARTMENT: Public Works
SUBJECT:

FIRST AMENDMENT TO THE AGREEMENT WITH JAMEY CLARK, INC. FOR

ON-CALL PARK AND FACILITY MAINTENANCE SERVICES
RECOMMENDED ACTION(S):

1. Approve the First Amendment to the Agreement for On-Call Facility and Park Maintenance Services with Jamey Clark, Inc.

2. Authorize the Mayor to sign, and the City Clerk to attest, the First Amendment substantially in the form attached.

EXECUTIVE SUMMARY:

Jamey Clark, Inc. provides the City with park and facility maintenance services under an agreement approved by the City Council on June 4, 2019. The three- year Agreement for Maintenance Services with Jamey Clark, Inc. (“Agreement”) allowed for two additional one-year extensions based on performance (Attachment 1). The proposed First Amendment utilizes one of the Agreement’s optional one-year extensions to provide an additional year of service at a cost of $120,444.80, which would result in a new total compensation amount of $458,179.20 and a term expiration of June 30, 2023. The proposed First Amendment does not include any increases to the unit prices in the Agreement.

Sufficient funding is available in the 2021-23 Operating Budget to cover the costs of approving the proposed First Amendment.

BACKGROUND:

On June 4, 2019, the City Council approved the Agreement with Jamey Clark, Inc. (“JCI”) for On-Call Facility and Park Maintenance Services after the completion of a competitive Request for Bids (“RFB”) process. The total compensation amount of the Agreement was $337,734.40 with a three-year term expiring June 30, 2022. The Agreement included two optional one-year extensions.

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DISCUSSION:

The City currently maintains passive and sports parks, structures, and facilities including the Lake Forest Sports Complex and Civic Center campus. The current Agreement for facility and park repair services provides for general maintenance of park facilities and includes furnishing all labor, materials, equipment, tools, and incidentals to repair City-owned facilities and equipment at all park locations and at City Hall as required. This also includes a certified playground safety inspection.

The proposed First Amendment with JCI (Attachment 2) would extend the term of the Agreement to June 30, 2023, thereby utilizing one of two optional one-year extensions described in the Agreement. Additionally, the proposed First Amendment increases the compensation amount by $120,444.80 for a total compensation amount of $458,179.20 to provide for park and facility maintenance services during the 2022-23 Fiscal Year. There are no rate increases included in the proposed First Amendment.

Staff believes that JCI’s performance has met or exceeded the Agreement’s scope of work relative to the responsibilities associated with park and facility maintenance services. Throughout the term of the Agreement, JCI demonstrated its willingness to respond quickly to requests for service and consistently completed all requested work in a professional manner. JCI provides good customer service and has demonstrated a readiness to assist with emergency and urgent repairs.

The chart below provides an overall summary of the JCI’s performance over the initial term of the Agreement. Consistent with the City’s Purchasing and Contracting Guidelines (“Guidelines”), including vendor assessment, staff recommends approval of the First Amendment to the Agreement with JCI to ensure that the City retains the ability to continue performing park and facility maintenance and repair services.

Jamey Clark, Inc. Performance Assessment
June 4, 2019 through May 17, 2022
Category Rating
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
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Consistent with the Guidelines, the Finance Department prepared the contract amendment and the City Attorney reviewed and approved it as to form.

FISCAL IMPACT:

The proposed First Amendment would increase the compensation in the Agreement with JCI by $120,444.80, for a new total compensation amount of $458,179.20. The First Amendment does not provide an increase to any of the unit prices in the Agreement. The First Amendment would also extend the term of the Agreement by one year to end on June 30, 2023. Sufficient funding for this service has been included in the 2021-23 Operating Budget for the cost of Park and Facility Maintenance Services
ATTACHMENTS:

1. Agreement for Maintenance Services with Jamey Clark, Inc.

2. First Amendment to the Agreement for Maintenance Services with Jamey Clark, Inc.

Initiated By: Jonathan Poole, Senior Management Analyst Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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Attachment 1
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Attachment 2
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/17/2022
DEPARTMENT: Management Services
SUBJECT:

FIRST AMENDMENT TO THE AGREEMENT WITH CROWN FACILITY

SOLUTIONS TO PROVIDE CUSTODIAL MAINTENANCE SERVICES AT THE

LAKE FOREST SPORTS PARK AND COMMUNITY POLICING CENTER
RECOMMENDED ACTION(S):

1. Approve the First Amendment to the Agreement for Maintenance Services with Crown Facility Solutions to provide custodial maintenance services at the Lake Forest Sports Park and Community Policing Center.

2. Authorize the Mayor to sign, and the City Clerk to attest, the First Amendment to the Agreement with Crown Facility Solutions, substantially in the form attached.

EXECUTIVE SUMMARY:

On June 18, 2019, the City Council awarded a three-year Agreement for Maintenance Services (“Agreement”) to Crown Facility Solutions (“Crown”) with a total compensation amount of $202,725 to provide custodial maintenance services for the Lake Forest Sports Park and Community Policing Center. The Agreement with Crown expires June 30, 2022, and staff seeks to exercise the first of two one-year extensions authorized under the Agreement. Therefore, the proposed First Amendment to the Agreement would extend the term to June 30, 2023, and increase the total compensation by $77,954 for a total compensation amount of $280,679. If approved, the First Amendment would maintain the scope of work in the Agreement, but the monthly rates are increasing 3.5% due to increased costs Crown is experiencing with supplies and staffing. The 3.5% increase is lower than what a CPI-based adjustment would have provided. Also, with additional sports tournaments now being held at the Lake Forest Sports Park, the proposed amendment includes an additional $6,500 in the compensation for extra cleanings after tournaments occur. These additional costs are recovered from the fees generated by the sports tournaments on a reimbursement basis. The First Amendment to the Agreement with Crown was prepared by the Finance Department and reviewed by the City Attorney and approved as to form.

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BACKGROUND:

In the Spring of 2019, the Community Services Department conducted a formal Request for Proposals (“RFP”) process for custodial services at the Lake Forest Sports Park and the Community Policing Center, which is located at 22672 Labert Street. At its June 18, 2019, meeting, the City Council approved an Agreement for Maintenance Services with Crown for a total compensation of $202,725 to provide these services (Attachment 1). The Agreement included a three-year term, with the option to exercise two one-year extensions based on vendor performance. The term commenced July 1, 2019, and expires June 30, 2022.

Per the Agreement, the Scope of Work to be fulfilled by Crown includes:
• Vacuum carpet
• Empty trash & recycle bins
• Clean mirrors & fixtures
• Restock paper/soap
• Sweep & damp mop floors
• Wipe counters & appliances
• Re-wax/buff hard surface floors
• Wash interior/exterior windows
• Quarterly deep cleanings of furniture
DISCUSSION:

With the expiration of the Agreement approaching, staff and Crown desire to exercise the first one-year extension of the Agreement. Therefore, in the proposed First Amendment to the Agreement, the term is extended one year to June 30, 2023 and adds $77,954 in compensation for a new total compensation amount of $280,679 (Attachment 2). The Scope of Work remains unchanged.

However, Crown did propose a 3.5% increase for the cost of providing its custodial services, from $5,631.24 to $5,829.46 per month. This proposed increase is lower than what a CPI-based adjustment would have provided. Other miscellaneous cleaning services billed on a time and materials basis, such as carpet cleaning and tile/grout cleaning, increased slightly. This is due to increased costs in janitorial supplies and increases to minimum wage in 2020 and 2021. Staff believes this is a modest cost increase given the high economic inflation environment. Also, with additional sports tournaments now being held at the Lake Forest Sports Park, staff has included $6,500 in the compensation for extra cleanings after tournaments occur. The cost of these extra cleanings are offset by fees charged to the tournament permit holder, ranging from $200-500 based on the number of tournament days. All of these changes to the Item: 10
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compensation are reflected in "Exhibit C” of the First Amendment to the Agreement.

Pursuant to the City’s Purchasing and Contracting Guidelines, staff completes a vendor performance assessment either on an annual basis or during a proposed contract addendum. The vendor assessment is used as a guide to determine whether a contract should be amended, renewed, or terminated based on performance in the following categories: performance of scope of services; timeliness; budget performance; and customer service. Utilizing a detailed evaluation form, staff rates the consultant on a one to five scale for specific questions contained in each category. The below chart is a summary of the consultant’s performance during the respective contract period.

Based on the discussion above and satisfactory performance by Crown during the initial term of the Agreement, staff recommends that the City Council approve the proposed First Amendment to the Agreement. The Finance Department prepared the First Amendment to the Agreement and the City Attorney’s Office has reviewed and approved as to form.

FISCAL IMPACT:

The First Amendment would add $77,954 in compensation to the Agreement with Crown, increasing the total compensation to $280,679. Monthly contractual unit prices would increase by 3.5%. The First Amendment would also extend the term of the Agreement by one year to end on June 30, 2023. The 2021-23 Operating Budget includes sufficient funds to cover the costs of the recommended action.

ATTACHMENTS:

Commercial Custodial Systems Performance Review
July 1, 2019 – April 30, 2022
Category Unsatisfied - Very Satisfied
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 Item: 10
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1. Agreement with Crown Facility Solutions

2. First Amendment to Agreement with Crown Facility Solutions Initiated By: Laura Lisack, Recreation Manager
Submitted By: Brett Channing, Deputy City Manager
Approved By: Debra Rose, City Manager
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Attachment 2
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/17/2022
DEPARTMENT: Public Works
SUBJECT:

THIRD AMENDMENT TO THE AGREEMENT WITH BRIGHTVIEW
LANDSCAPE SERVICES, INC., FOR LAKE FOREST CITY WIDE SPORTS

PARKS LANDSCAPE MAINTENANCE
RECOMMENDED ACTION(S):

1. Approve the Third Amendment to the Agreement with Brightview Landscape Services, Inc., for City Wide Sports Parks Landscape Maintenance Services.

2. Authorize the Mayor to sign, and the City Clerk to attest the Third 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 City Wide Sports Parks Landscape Maintenance Services, 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 18, 2019 with a compensation amount of $3,270,384.66. The Agreement includes two optional one-year extensions. Since inception, the Agreement has been amended twice, resulting in a compensation reduction of $54,343.47 from the original compensation amount. The current compensation amount of the Agreement is $3,216,041.19.

The proposed Third Amendment would utilize the first one-year extension described in the Agreement and extend the term to June 30, 2023. The Third Amendment would also add $1,114,503.98 in compensation to the Agreement for a new not-to-exceed amount, rounded to the next dollar, of $4,330,546.00, with no increase in unit prices. The Third Amendment includes scope and $27,710 in compensation to service the Sports Parks restrooms and $34,998 in compensation to procure specialized mulch as a requirement of Senate Bill 1383 Item: 11
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(“SB 1383”). The estimated allocations for mulch 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 organic procurement solutions. In addition, $12,000 for normal consumer mulch has been included in the Third Amendment should requirements change regarding SB 1383. The Third Amendment represents an increase of $59,318.98 from the previous fiscal year with no increases in unit prices.

BACKGROUND:

The City Council awarded the original Agreement with Brightview on June 18, 2019 with a compensation amount of $3,270,384.66. The First Amendment added scope and $84,000 in compensation for Portola Park and Portola Dog Park, bringing the total compensation amount to $3,354,384.66. The Second Amendment reduced the scope in the Agreement and compensation by $138,343.47 as part of the City’s financial hardening in response to anticipated COVID-19 related revenue reductions. Staff directed Brightview to decrease the overall budget for landscaping in a way that did not significantly impact park aesthetics while still accommodating the compensation reduction.

On December 7, 2021, the City Council amended the City’s Recycled Content Purchasing Policy to include recovered organics waste products to respond to State mandates in SB 1383. SB 1383 requires the City to meet an annual recovered organic waste product procurement target based upon a calculation determined by the City’s population. The City’s per-capita procurement target is 6,763 tons for the purchase of any combination of compost SB 1383-eligible mulch as determined by the State.

DISCUSSION:

Brightview’s current scope of work for the sports parks in the Agreement 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 Third Amendment would extend the term of the Agreement by one year with no increase to unit prices and would add $1,114,503.98 in compensation. Additional scope was also added for janitorial services and mulch procurement 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 Item: 11
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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 also working cooperatively with municipalities to address the organic material procurement issues with CalRecycle.

Staff recommends taking an incremental approach to the SB 1383 procurement requirement by modestly increasing the amount of mulch to be used in each of the City’s four landscape 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 Lake Forest Sports Park agreement, respectively. The two park maintenance agreements, (City-Wide Sports Parks and Passive Parks) would each provide approximately $35,000 in 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.

The Third Amendment also adds scope and $27,710 in compensation to maintain and clean the sports parks restrooms on a daily basis. Staff bid the janitorial services under a separate contract in 2019 and secured a contractor.

However, the contractor has not fulfilled their obligations and restrooms are frequently left unclean or without supplies. As a result, staff asked our landscape maintenance contractors for a proposal to provide these services. Brightview has offered to clean and supply the restrooms at the same price as our current vendor. By allowing our landscape contractors to provide these services, staff will immediately be notified of vandalism, homeless issues, and problems associated with locking mechanisms. Staff will have direct contact with our landscape contractors on a daily basis and we will be reassured the restrooms are cleaned and properly supplied. The Third Amendment includes $34,998 in compensation to procure SB 1383-eligible mulch and $12,000 in compensation to procure ordinary mulch.

The proposed Third Amendment with Brightview would extend the term of the Agreement to June 30, 2023, thereby exercising the first optional one-year extension described in the Agreement. The Third Amendment would keep the current unit rates and would increase the compensation amount by $1,114,503.98, resulting in a new not-to-exceed compensation amount of $4,330,546.00 as detailed in Table 1 below.

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Table 1: Brightview Agreement Amendment History
Brightview Landscape Services Inc., Compensation
Agreement Note Compensation
Adjustment
Revised Total
Compensation
Original Agreement - $3,270,384.66 -
First Amendment Addition of
Portola Park $84,000.00 $3,354,384.66
Second Amendment Contract
Reduction ($138,343.47) $3,216,041.19
Third Amendment
First
Renewal/Sports
Parks Services
$1,114,503.98 *$4,330,546.00
*Rounded to the next dollar.

Staff believes that Brightview’s performance met or exceeded the Agreement’s scope of work relative to the responsibilities associated with City Wide Sports Parks landscape maintenance services. During the term of the Agreement, Brightview demonstrated its ability to proactively maintain the sports parks and consistently completed all required tasks in a professional manner as required by the Agreement. The chart below provides an overall summary of Brightview’s performance since the Second Amendment to the Agreement. Consistent with the City’s Purchasing and Contracting Guidelines (“Guidelines”), including vendor assessment, staff recommends extending the Agreement by using the first one- year term extension to ensure that the City can adequately continue to maintain the turf and landscaping City Wide Sports Parks.

Brightview Landscape Services, Inc.,
Performance Assessment
November 1, 2020 through March 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 Third Amendment and the City Attorney reviewed and approved it as to form. Staff recommends the City Council approve the proposed amendment to allow for the continued and uninterrupted delivery of this service.

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FISCAL IMPACT:

The proposed Third Amendment would add $1,114,503.98 in compensation to the Agreement with Brightview for a new not-to-exceed amount of $4,330,546.00.

The Third Amendment would also extend the term of the Agreement by one year to end on June 30, 2023. Staff would propose sufficient funding for 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 City Wide 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.

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
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55136.00200\31919338.1 - 1 -

CITY OF LAKE FOREST

THIRD AMENDMENT TO

AGREEMENT FOR MAINTENANCE SERVICES
PARTIES AND DATE.

This Third Amendment to the Agreement for Maintenance Services (“Third 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 Forest, CA 92630 (“City”) and Brightview Landscape Services, Inc., a California corporation, with its principal place of business at 1960 S. Yale Street, Santa Ana, California 92704 (“Contractor”). City and Contractor 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 18, 2019 (“Agreement”).

2.2 First Amendment. The Parties entered into that certain First Amendment in order to expand the scope of work, increase the total amount of compensation under the Agreement, 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 reduce the scope of work and the total amount of compensation dated November 1, 2020 (“Second Amendment”).

2.4 Third Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement, expand the scope of services, 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:

Term. The term of this Agreement shall be from July 1, 2019 to June 30, 2023, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew the Agreement annually for no more than one (1) additional one -year term. 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:

Contractor shall receive compensation, including author ized reimbursements, for all Services rendered under this Agreement at Item: 11
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55136.00200\31919338.1 Attachment “1”-1

ATTACHMENT “1” TO THIRD AMENDMENT TO

AGREEMENT FOR MAINTENANCE SERVICES
EXHIBIT “A”

SCOPE OF SERVICES
Third Amendment
– Addition of Park Restroom Janitorial Services for Year 4 of the Agreement

CITY OF LAKE FOREST

PARK RESTROOM JANITORIAL SERVICES

SCOPE OF SERVICES

Standards of Work and Contractor Responsibility

1. Provide all cleaning equipment and materials including, but not limited to, multiuse/multi surface, disinfectant soap, stainless steel cleaner, bowl brushes, mops, buckets, and squeegees needed to complete the work.

2. Provide all paper products including, but not limited to, toilet paper, paper towels, trash liners, and toilet seat covers needed to maintain a constant supply for users. Note:
some City park restrooms utilize 10 and 12 inch size rolls of toilet paper as necessary.

All supplies and costs shall be included in contractor’s bid item for each park.

3. Clean restrooms once per day, seven (7) days per week, 365 days per year. Servicing of restrooms after hours is acceptable.

4. Provide proper signage to be posted outside restroom identifying the restroom is closed for maintenance.

5. Maintain material storage area in a clean and organized manner.

6. Provide battery-powered air freshener canister replacements on an as-needed basis for each restroom.

7. Remove minor graffiti with gel vandal remover. If graffiti is extensive, it must be reported to a City designated representative immediately.

8. Unclog toilets and sinks as needed.

9. Report any vandalism immediately a City designated representative upon discovery.

10. Provide one (1) employee that can communicate verbally and in writing in English.

11. Provide proper supervision in order to achieve the highest quality cleaning possible for visitors to City park restrooms.

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55136.00200\31919338.1 Attachment “1”-2

12. Responsible for trash in and around the restroom building only. Contractor is responsible for disposing of trash at a licensed and approved dumpsite.

13. Services to be provided daily:

a. Empty and re-line all wastebaskets.
b. Clean and sanitize all toilets.
c. Clean and sanitize all sink basins.
d. Clean all mirrors (if applicable).
e. Spot clean walls and light switches.
f. Remove cobwebs from restrooms as well as storage room and/or plumbing chases.
g. Sweep floor.
h. Disinfect and hose down floor.
i. Hose down concrete entrances to restrooms.
j. Replenish restroom supplies including but not limited to toilet paper, paper towels, and toilet seat covers.
k. Control water runoff.

Monthly Pressure Washing (1x Per Month) (Included in Monthly Service Cost)

a. Pressure Washing

a. Pre-spray the areas to be pressure washed with eco-friendly, non-emulsifying detergent.
b. Adjust water pressure and temperature to the appropriate amount to provide optimal cleaning power without damaging City’s property. c. Apply protective cover to areas not to be pressured washing. Examples include covering electrical outlets with plastic cover and placing water absorbent socks at strategic locations to prevent seepage.
d. Place “Wet Floor” signs adjacent to restroom areas to be pressure washed. e. Perform and complete in a through, workmanlike manner and in accordance with the latest proven practices of the trade by thoroughly skilled and experienced workmen.

Clean-up Work and Site Preservation

Any damage caused by contractor’s operations shall be repaired immediately at contractor’s expense. Clean-up work shall consist of restoring site to original condition after repairs are made. The City does not have a secure location to keep contractor’s equipment.

Safety

Contractor shall comply will all applicable safety measures at all times. Since work sites are within public parks, contractor’s personnel and method of operations shall protect the public at all times.

Uniforms and Vehicles

When performing the contracted services, contract personnel shall wear a clean and presentable uniform with, at a minimum, the company name visible at all times. If approved by Item: 11
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55136.00200\31919338.1 Attachment “1”-3

the City, additional information may be provided on the uniform. At a minimum, the uniform shall consist of a shirt with the appropriate information as noted above.

Noise

Contractor shall be subject to local ordinances regarding noise levels. Contractor shall conduct its operations so as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet within and surrounding the area where the services are performed. The schedule of work may be modified by the Public Works Manager or designee in order to insure that the public is not unduly impacted by noise created by the contractor’s work.

Park Locations

1. Baker Ranch Sports Park, 26380 Rancho Parkway South
Men’s restroom – 2 sinks, 2 toilets, 1 urinal
Women’s restroom – 2 sinks, 3 toilets

2. Borrego Park, 269 Cabriole
Men’s restroom - 1 sink, 1 urinal, 1 toilet
Women’s restroom - 1 sink, 2 toilets

3. Foothill Ranch Community Park – 19422 Rue De Valore
Men’s restroom - 2 sinks, 2 urinals, 1 toilet
Women’s restroom - 1 sink, 3 toilets

4. Heroes Park, 25420 Jeronimo Road
Men’s restroom - 1 sink, 2 urinals, 1 toilet
Women’s restroom - 1 sink, 4 toilets

5. Portola Park, 28040 Glenn Ranch Road
Unisex restrooms – 2 sinks, 2 toilets

6. Rimgate Park, 29772 Rimgate
Men’s restroom - 1 sink, 1 toilet
Women’s restroom - 1 sink, 1 toilet

7. Tamarisk Park, 22001 Tamarisk
2 Unisex restrooms - 2 sink, 2 toilet

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55136.00200\31919338.1 Attachment “1”-4

CITY OF LAKE FOREST

PARK RESTROOM JANITORIAL SERVICES

Item
No. Description Proposal Item
Price Units Annual Total
A1
Baker
Ranch
Sports
Park
$13.00______
(Each Day)

365

$4,745.00______
(Extended Amount)
A2 Borrego
Park
$8.00______
(Each Day)

365

$2,920.00_______
(Extended Amount)
A3
Foothill
Ranch
Community
Park
$13.00______
(Each Day)
365

$4,745.00______
(Extended Amount)
A4 Heroes
Park
$13.00______
(Each Day)

365

$4,745.00_______
(Extended Amount)
A5 Portola
Park
$9.00_______
(Each Day)

365

$3,285.00_______
(Extended Amount)
A6 Rimgate
Park
$9.00_______
(Each Day)

365

$3,285.00_______
(Extended Amount)
A7 Tamarisk
Park
$9.00_______
(Each Day)

365

$3,285.00_______
(Extended Amount)
A8
Extra On-
Call
Restroom
Cleaning
Services
Each 20 $700.00_______
(Extended Amount)
Total

$27,710.00________
(Total Annual
Amount)

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55136.00200\31919338.1 Attachment “2”-1

ATTACHMENT “1” TO THIRD 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 amount fee of four million three hundred thirty thousand five hundred forty-six dollars ($4,330,546) and based on the following rates.

Description Unit of
Measure Quantity Unit Cost
Third Amendment -
Annual Fees for
7/1/2022-6/30/2023
Third Amendment Rates: 1st one-year extension and added scope; Term 7/1/2019- 6/30/2023
Baker Ranch Community Park
General/Daily Maintenance Daily 365 $ 67.15 $ 24,509.75 Week Control Weekly 52 $ 117.83 $ 6,127.16 Turf Grass Maintenance Weekly 52 $ 824.79 $ 42,889.08 Landscape Maintenance Weekly 52 $ 447.75 $ 23,283.00 Pest/Rodent Control Monthly 12 $ 408.47 $ 4,901.64 Irrigation System Maintenance Weekly 52 $ 164.96 $ 8,577.92 Fertilization Monthly 12 $ 306.35 $ 3,676.20 Infield Maintenance
Lump
Sum 1 $ 8,577.86 $ 8,577.86
3rd Amendment - Park
Restroom Janitorial Services
Daily 365
$ 13.00 $ 4,745.00
Subtotal $ 127,287.61
Borrego Park
General/Daily Maintenance Daily 365 $ 57.55 $ 21,005.75 Week Control Weekly 52 $ 101.00 $ 5,252.00 Turf Grass Maintenance Weekly 52 $ 706.97 $ 36,762.44 Landscape Maintenance Weekly 52 $ 383.78 $ 19,956.56 Pest/Rodent Control Monthly 12 $ 262.59 $ 3,151.08 Fertilization Monthly 12 $ 350.12 $ 4,201.44 Irrigation System Maintenance Weekly 52 $ 121.19 $ 6,301.88 Infield Maintenance
Lump
Sum 1 $ 1.00 $ 1.00
Wood Fiber Playground Chips Cu Yds. 150 $ 55.00 $ 8,250.00 3rd Amendment - Park
Restroom Janitorial Services
Daily 365
$ 8.00 $ 2,920.00
Subtotal $ 107,802.15

Foothill Ranch Community Park
Item: 11
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55136.00200\31919338.1 Attachment “2”-2

General/Daily Maintenance Daily 365 $ 95.92 $ 35,010.80 Week Control Weekly 52 $ 168.33 $ 8,753.16 Turf Grass Maintenance Weekly 52 $ 1,178.28 $ 61,270.56 Landscape Maintenance Weekly 52 $ 639.64 $ 33,261.28 Pest/Rodent Control Monthly 12 $ 437.65 $ 5,251.80 Fertilization Monthly 12 $ 583.53 $ 7,002.36 Irrigation System Maintenance Weekly 52 $ 201.99 $ 10,503.48 Infield Maintenance
Lump
Sum 1 $ 14,005.05 $ 14,005.05
Wood Fiber Playground Chips Cu Yds. 150 $ 55.00 $ 8,250.00 3rd Amendment - Park
Restroom Janitorial Services
Daily 365
$ 13.00 $ 4,745.00
Subtotal $ 188,053.49
Heroes Park
General/Daily Maintenance Daily 365 $ 59.95 $ 21,881.75 Week Control Weekly 52 $ 105.20 $ 5,470.40 Turf Grass Maintenance Weekly 52 $ 736.42 $ 38,293.84 Landscape Maintenance Weekly 52 $ 399.77 $ 20,788.04 Pest/Rodent Control Monthly 12 $ 273.53 $ 3,282.36 Fertilization Monthly 12 $ 364.71 $ 4,376.52 Irrigation System Maintenance Weekly 52 $ 126.24 $ 6,564.48 Infield Maintenance
Lump
Sum 1 $ 8,752.92 $ 8,752.92
3rd Amendment - Park
Restroom Janitorial Services
Daily 365
$ 13.00 $ 4,745.00
Subtotal $ 114,155.31
Rancho Serrano Park
General/Daily Maintenance Daily 365 $ 43.17 $ 15,757.05 Week Control Weekly 52 $ 90.90 $ 4,726.80 Turf Grass Maintenance Weekly 52 $ 530.23 $ 27,571.96 Landscape Maintenance Weekly 52 $ 363.58 $ 18,906.16 Pest/Rodent Control Monthly 12 $ 328.23 $ 3,938.76 Fertilization Monthly 12 $ 262.59 $ 3,151.08 Irrigation System Maintenance Weekly 52 $ 90.90 $ 4,726.80 Subtotal $ 78,778.61
Rimgate Park
General/Daily Maintenance Daily 365 $ 38.37 $ 14,005.05 Week Control Weekly 52 $ 67.33 $ 3,501.16 Turf Grass Maintenance Weekly 52 $ 471.31 $ 24,508.12 Landscape Maintenance Weekly 52 $ 323.18 $ 16,805.36 Pest/Rodent Control Monthly 12 $ 291.76 $ 3,501.12 Fertilization Monthly 12 $ 233.41 $ 2,800.92 Item: 11
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55136.00200\31919338.1 Attachment “2”-3

Irrigation System Maintenance Weekly 52 $ 94.26 $ 4,901.52 Wood Fiber Playground Chips Cu Yds. 150 $ 55.00 $ 8,250.00 3rd Amendment - Park
Restroom Janitorial Services
Daily 365
$ 9.00 $ 3,285.00
Subtotal $ 81,558.25
Tamarisk Park
General/Daily Maintenance Daily 365 $ 45.56 $ 16,629.40 Week Control Weekly 52 $ 103.94 $ 5,404.88 Turf Grass Maintenance Weekly 52 $ 559.68 $ 29,103.36 Landscape Maintenance Weekly 52 $ 311.82 $ 16,214.64 Pest/Rodent Control Monthly 12 $ 242.53 $ 2,910.36 Irrigation System Maintenance Weekly 52 $ 87.95 $ 4,573.40 Infield Maintenance
Lump
Sum 1 $ 4,989.16 $ 4,989.16
Wood Fiber Playground Chips Cu Yds. 150 $ 55.00 $ 8,250.00 3rd Amendment - Park
Restroom Janitorial Services
Daily 365
$ 9.00 $ 3,285.00
Subtotal $ 91,360.20
Regency Park
General/Daily Maintenance Daily 365 $ 71.94 $ 26,258.10 Week Control Weekly 52 $ 126.24 $ 6,564.48 Turf Grass Maintenance Weekly 52 $ 883.71 $ 45,952.92 Landscape Maintenance Weekly 52 $ 605.97 $ 31,510.44 Pest/Rodent Control Monthly 12 $ 547.06 $ 6,564.72 Fertilization Monthly 12 $ 437.65 $ 5,251.80 Irrigation System Maintenance Weekly 52 $ 176.74 $ 9,190.48 Infield Maintenance
Lump
Sum 1 $ 1.00 $ 1.00
Organic Materials Weekly 52 $ 125.00 $ 6,500.00 Subtotal $ 137,793.94
Portola Park (1st Amendment
Addition)

Fill holes, fertilize, and/or cultivate
landscaping as necessary

Trim shrubs, vines, and trees up to
15 feet

Maintain ground cover
Plant replacement as necessary
Backflow repairs and certification
as needed

Shaping, trimming, raising, and
training of shrubs

Item: 11
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55136.00200\31919338.1 Attachment “2”-4

Maintaining and repairing irrigation
systems

Hand water all non-irrigated pots
Maintenance of drainage facilities
Control of all plant diseases,
weeds, and pest control

Disinfect synthetic turf area as
directed by manufacturer/City
Landscape Inspector

Pressure washing on a weekly
basis of structures, and sidewalks

Turf Mowing and Blowing
Monthly 12 $ 2,290.00 $ 27,480.00
3rd Amendment - Portola Park
Restroom Janitorial Services
Daily 365
$ 9.00 $ 3,285.00
Subtotal $ 30,765.00
Portola Park Dog Park (1st
Amendment Addition)

Trash can emptying
Every
morning

Poop removal as needed & spot
cleaning
Every
morning

(Synthetic turf, sidewalk, &
planters)

Dog bag dispenser inspection &
refilling as needed
Every
morning

Synthetic turf sprinkler watering
Early
morning
every
Monday
and
Friday

Synthetic turf power brushing
First
Monday
of every
month

Application of turf fresh (Odor
eliminator)
During
summer
as
needed

Water dispenser inspection
Every
morning

Removal of debris, toys, & balls
Every
morning

Monthly 12 $ 1,710.00 $ 20,520.00
Item: 11
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55136.00200\31919338.1 Attachment “2”-5

2nd Amendment Service Cost
Reductions
Monthly 12
$ (4,208.84) $ (50,506.08)
3rd Amendment - Extra On-Call
Restroom Cleaning Services
Each 20
$ 35.00 $ 700.00
Subtotal Annual Landscape
Maintenance

$ 928,268.48

Irrigation System
Rainbird Falcon 6504 SS Each 750 $ 25.00 $ 18,750.00 Rainbird 5000 plus SS Each 950 $ 15.00 $ 14,250.00 Rainbird RD1812 SAM PRS Each 250 $ 13.00 $ 3,250.00 Rainbird RD1806 SAM PRS Each 450 $ 8.00 $ 3,600.00 Rainbird 1" RCV EFB-CP Each 12 $ 105.00 $ 1,260.00 Rainbird 1 ½" RCV EFB-CP Each 20 $ 145.00 $ 2,900.00 Rainbird 2" RCV EFB-CP Each 18 $ 190.00 $ 3,420.00 Rainbird ¾" QCV Each 13 $ 69.00 $ 897.00 Rainbird 1" QCV Each 6 $ 78.00 $ 468.00 Rainbird 1" Diaphragm EFB-CP Each 21 $ 39.00 $ 819.00 Rainbird 1 ½" Diaphragm EFB-CP Each 16 $ 155.00 $ 2,480.00 Rainbird 2" Diaphragm EFB-CP Each 4 $ 198.00 $ 792.00 Rainbird RCV Solenoid B Each 30 $ 29.00 $ 870.00 Rainbird 1800 Spray Nozzle Each 300 $ 0.95 $ 285.00 Hunter PGP-12 Ultra Each 420 $ 22.00 $ 9,240.00 Hunter I-25-06-SS Each 500 $ 38.00 $ 19,000.00 Hunter PGP-00Ultra Each 430 $ 6.00 $ 2,580.00 Hunter MP Rotator Nozzle Each 170 $ 6.50 $ 1,105.00 2" Brass Ball Valve Flat 10 $ 60.00 $ 600.00 1-1/2" Brass Ball Valve Each 6 $ 38.00 $ 228.00 Rectangular RCV Box w/lid Each 30 $ 29.00 $ 870.00 Round QCV Box w/lid Each 20 $ 15.00 $ 300.00 Subtotal Irrigation System $ 87,964.00

Plant and Turf Material Installed
Annual Color Each 85 $ 15.50 $ 1,317.50 One (1) gallon shrub Each 2500 $ 6.00 $ 15,000.00 Five (5) gallon shrub Each 1500 $ 14.50 $ 21,750.00 Fifteen (15) gallon shrub Each 30 $ 78.00 $ 2,340.00 Twenty-four (24) inch box tree w/
stakes and ties
Each 15
$ 200.00 $ 3,000.00
Thirty-six (36) inch box tree w/
stakes and ties
Each 5
$ 510.00 $ 2,550.00
Item: 11
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55136.00200\31919338.1 Attachment “2”-6

Tree trimming per ASA standards
all sizes
Each 300
$ 95.00 $ 28,500.00
Tree removal all sizes Each 25 $ 250.00 $ 6,250.00 Install mulch Yard 1500 $ 8.00 $ 12,000.00 3rd Amendment - Recycled Mulch Cu Yds. 921 $ 38.00 $ 34,998.00 Rototill Sq. Feet 5000 $ 0.07 $ 350.00 Soil Test Each 25 $ 100.00 $ 2,500.00 Mechanical trenching
Linear
Feet 200 $ 1.08 $ 216.00 2nd Amendment Plant and Turf Material Cost Reductions $ (32,500.00) Subtotal Plant and Turf Material $ 98,271.50 Total Cost 1st One-Year Extension (Third Amendment) $ 1,114,503.98

Original Agreement - Total Compensation $ 3,270,384.66 First Amendment - Total Compensation $ 3,354,384.66 Second Amendment - Total Compensation $ 3,216,041.19 Third Amendment - Total Additional Compensation $ 1,114,503.98 Third Amendment - Total Compensation $ 4,330,546.00

SUPPLEMENTAL LABOR RATES
Position Normal Business
Hours Rate
Emergency Response/After
Hours Rate
Landscape Maintenance Supervisor $ 45.00 $ 67.50 Landscape Foreman $ 35.00 $ 52.50 Irrigation Specialist $ 50.00 $ 75.00 Landscape Maintenance Laborer $ 30.00 $ 45.00

Item: 11
330

CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/17/2022
DEPARTMENT: Public Works
SUBJECT:

NOTICE OF COMPLETION FOR PROTECTIVE-PERMISSIVE LEFT TURN (PPLT) SIGNAL, SIGNING, AND STRIPING IMPROVEMENTS (PW 2019-09) RECOMMENDED ACTION(S):

1. Find that International Line Builders, Inc. has completed construction of the Protective Permissive Left Turn Signal, Signing, and Striping Improvements (PW 2019-09).

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

3. Authorize City Clerk to submit Notice of Completion for recordation to the Office of the County Recorder of Orange County within 15 days of the City Council approval.

4. Authorize staff to release of the five percent payment to the contractor in the amount of $16,314.40, thirty days after the recording of the Notice of Completion, provided no Stop Notices are on file with the City preventing the release of the retention payment.

EXECUTIVE SUMMARY:

The Protective-Permissive Left Turn (“PPLT”) signal, signing, and striping improvements project consisted of installing a flashing yellow arrow (“FYA”) at the intersections of:
Towne Centre Drive / Market Place
Rockfield Boulevard / Centre Drive
In addition, the project included signal, signing, and striping improvements at the intersection of:
El Toro Road / Toledo Way
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On July 19, 2021, the City Council awarded the contract to International Line Builders, Inc. as the lowest responsive, responsible bidder in the amount of $326,288.00. Due to COVID-19 and associated supply chain shortages, the project was delayed until March 7, 2022. International Builders Inc. substantially completed the project on April 29, 2022. With the project being complete, staff recommends the City Council approve the Notice of Completion (Attachment) and direct staff to release any unencumbered retention in accordance with California law.

BACKGROUND:

On December 18, 2018, City Council approved the Citywide Protective- Permissive Left Turn Phasing Study prepared by Albert Grover & Associates (“AGA”). This included the following intersections for the installation of PPLTs:
Towne Centre Drive / Market Place
Rockfield Boulevard / Centre Drive
PPLTs allow drivers to turn left with a protected green arrow as well as the ability to turn left on the green ball when there are sufficient gaps in traffic flow. As part of the AGA study, AGA recommended the use of Flashing Yellow Arrows (“FYA”) as the means to operate the PPLT, which replaces the green ball in a traditional PPLT operation. FYA is a form of PPLT phasing where a signal head features a flashing yellow arrow indication in addition to the steady green, yellow, and red arrow indications. During the FYA indication, vehicles can turn left after yielding to opposing traffic and pedestrians. Based upon technical studies, the FYA signals have shown to help drivers make fewer driver errors, reduce delays, improve traffic flow, and improve traffic safety.

In addition to recommending locations to implement PPLT phasing at signalized intersections, AGA recommended low-cost traffic control improvements that would improve operational efficiency at specific intersections. One of the recommendations that was implemented was to install a pedestrian share operation at the existing north-south split-phase configured intersection at El Toro Road and Toledo Way. Pedestrian share operation (also known as “ped- share”) is when the pedestrian phase is being shared with the through green ball phase, while turning movements are required to yield to pedestrians in the crosswalk. The “ped-share” operation eliminated the east-leg pedestrian crosswalk and consolidated the El Toro Road pedestrian crossing to the west-leg crosswalk, which allowed the intersection to operate more efficiently along Toledo Way and freed up additional green time for El Toro Road.

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DISCUSSION:

This project consists of the installation of protected-permissive left turn (PPLT) phasing for the intersections of Towne Centre Drive/Market Place and Rockfield Boulevard/Centre Drive and signing and striping improvements at the intersection of El Toro Road/Toledo Way. On July 19, 2021, International Line Builders, Inc. was awarded the contract as the lowest responsive, responsible bidder out of six (6) bidders.

On August 4, 2021, staff met with International Line Builders, Inc. and discussed the project scope and contract documents. Due to COVID-19, the manufacturer of the traffic signal equipment and appurtenances experienced inventory delays, which required this project to be delayed until delivery of the equipment could be verified. International Line Builders, Inc. procured the equipment needed on February 24, 2022 and started the improvements on March 7, 2022. During the construction phase, International Line Builders, Inc. encountered a delay for concrete due to a concrete shortage. Therefore, a no-cost contract change order was approved on April 19, 2022 to extend the 30-working day schedule by an additional 10 working days to allow the contractor time to finish the restoration process of the contract. After inspection, staff determined that the project was substantially complete and was delivered on schedule.

With the project being complete, the City is required to submit to the County of Orange a Notice of Completion (Attachment). The Notice of Completion establishes a date that limits the time subcontractors and material vendors may file stop notices and liens against the project. Therefore, staff is requesting the City Council execute the Notice of Completion, authorize the City Clerk to record the notice, and authorize the release of the five percent retention payment.

FISCAL IMPACT:

Approving the recommended action would allow staff to release any unencumbered retention up to the amount of $16,314.40, thirty days after the recording of the Notice of Completion, provided no Stop Notices are on file with the City in accordance with California law. The final contract for the project totaled $326,288.00. The 2021-2023 Capital Improvement Program Budget has sufficient funds available for the recommended action.

ATTACHMENTS:

Item: 12
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Notice of Completion – PW 2019-09
Initiated By: Tran Tran, Traffic Engineering Manager
Submitted By: Thomas Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 12
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ATTACHMENT
Item: 12
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RECORDING REQUESTED BY
AND MAIL TO:

City Clerk
City of Lake Forest
100 Civic Center Drive
Lake Forest, California, 92630

Fee Exempt – Gov’t Code §27383

NOTICE OF COMPLETION
(C.C.C. 9204 - PUBLIC WORKS)

NOTICE IS HEREBY GIVEN THAT:

1. The City of Lake Forest located at 100 Civic Center Drive, Lake Forest, California, 92630, has completed a public work of improvement described as Protective Permissive Left Turn (PPLT) Signal, Signing, and Striping Improvements (PW 2019-09) and accepted by the awarding authority upon the date hereof.

2. Date of completion: April 29, 2022

3. Description of work performed: Installation of Protected-Permissive Left Turn Phasing at Towne Centre Drive/Market Place and Rockfield Boulevard/Centre Drive, and improve signing and striping at El Toro Road/Toledo Way.

4. The City’s interest in the property in which the public work was completed is: X Fee  Easement  Lease.

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

6. The contractor was: International Line Builders, Inc.

Dated ____________________________________ __________________________________________ Robert Pequeño, Mayor
City of Lake Forest
ATTEST:

_________________________________________
Lisa Berglund, City Clerk

VERIFICATION

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

Executed at Lake Forest, California, on this ____ day of _________________, 2022.

__________________________________________
Robert Pequeño, Mayor
City of Lake Forest

ATTEST:

__________________________________________
Lisa Berglund, City Clerk
Item: 12
336

CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/17/2022
DEPARTMENT: Finance
SUBJECT:
2021-2023 OPERATING BUDGET MID-CYCLE REVIEW FOR FISCAL YEAR 2022-23
RECOMMENDED ACTION(S):

1. Receive presentation on Mid-Cycle Budget Review

2. Review, revise or provide direction on the allocation of Fiscal Year 2022-23 Budget.

EXECUTIVE SUMMARY:

The Financial Management and Budgetary Policy (“Policy”) requires the City Manager to present any changes to the revenue estimates and cost estimates for the second year in the City’s Biennial Operating Budget (“2021-2023 Operating Budget”) for City Council review and consideration. The Operating Budget serves as the foundation for financial planning and allows the City Council to prioritize expenditures in alignment with community values. Attachment 1 provides a 2021- 2023 Operating Budget Mid-Cycle Budget Review Letter from the City Manager identifying the Operating Budget’s alignment to City’s Strategic Business Plan (“Strategic Plan”).

On June 15, 2021, the City Council adopted the 2021-2023 Operating Budget, which included a budget for Fiscal Years 2021-22 and 2022-23. Since 2021-2023 Operating Budget adoption, additional financial and operational changes have been identified and staff is proposing adjustments to the adopted Fiscal Year 2022-23 budget. In alignment with the City’s Policy, staff is seeking direction regarding the proposed changes to the adopted budget for the second year of the City’s 2021-2023 Operating Budget Cycle, or “Mid-Cycle.” The proposed changes to the Fiscal Year 2022-23 of the 2021-2023 Operating Budget would impact both revenues and cost estimates and would better reflect program costs for the benefit of the community.

Since developing and adopting the 2021-2023 Operating Budget, revenues have improved steadily, creating estimates of a 5.7% increase to General Fund Revenues, and a proposed total of $57.3 million (an increase of $3.1 million) for Fiscal Year 2022-23. While this budget reflects steadily increasing revenue Item: 13
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streams, it also reflects a responsible spending plan with a proposed modest

2.0% increase to General Fund Expenditures totaling $52.4 million (an increase of $1.05 million).

The proposed changes to Fiscal Year 2022-23 are shown in detail on the attachments accompanying this report. Based on input and direction provided by the City Council, the final-proposed Mid-Cycle adjustments will be considered for approval on June 21st, 2022.

BACKGROUND:

In accordance with City Council Financial Management and Budgetary Policy (“Policy”), the City Manager presented the City’s first Biennial Operating Budget, the 2021-2023 Operating Budget to City Council on June 15, 2021. At that meeting, the City Council adopted a Budget Resolution approving the 2021-2023 Operating Budget, appropriating funds for Fiscal Year 2021-22 only, and adopting all of the following:
The 2021-2028 Strategic Business Plan (“Strategic Plan”), The 2021-2028 Capital Improvement Plan,
The 2021 General Fund Reserve Risk Analysis, and
The 2021-2028 Financial Forecast.

Since the 2021-2023 Operating Budget only included appropriations for Fiscal Year 2021-22, the City Council must approve the appropriation of funds for Fiscal Year 2022-23 by a City Council resolution at its June 21, 2022, meeting.

DISCUSSION:

Fiscal Year 2022-23 initiates the first Mid-Cycle in the City of Lake Forest’s biennial budget cycle. The budget is continually reviewed for adherence to the City’s long-term financial vision, preservation of the City’s financial integrity, and proper implementation of the City’s Strategic Plan initiatives. During the City’s Mid-Cycle Review, staff reviewed the budget for the upcoming fiscal year and assessed the accuracy of the adopted budget to the City’s anticipated financial position and proposed programmatic spending.

Based on this review, the city’s local economy is showing incredible strength.

Increases in property tax show that Lake Forest continues to be a desirable place to live. Sales taxes are also increasing while Transient Occupancy Taxes (“TOT”) are back to prior levels. The City’s projected spending is well within budgeted amounts and staff has made considerable progress in completing projects as Item: 13
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outlined in the Strategic Plan. Recent accomplishments and ongoing projects are more thoroughly presented in the City Manager’s 2021-2023 Operating Budget Mid-Cycle Review Letter (“Attachment 1”).

Fiscal Year 2022-23 Budget Overview
In preparation for the second year of the City’s 2021-23 Operating Budget, staff has reviewed and analyzed revenue and cost estimates based on additional information and is proposing changes resulting from updated and improved projections. These changes are proposed to enhance the City’s performance in providing public benefits in-line with the City’s Strategic Plan.

The proposed Mid-Cycle Budget adjustments would increase General Fund revenues by $3.1 million, and General Fund expenditures by $1.05 million. Staff believes the proposed adjustments would reflect the best available information at this time and update the second year, Fiscal Year 2022-23, of the 2021-2023 Operating Budget.

Summary of Proposed General Fund Revenues
Proposed revenue estimates for Fiscal Year 2022-23 are based on the information and analysis of the current and best available information. An overall increase of 5.7% is proposed for General Fund revenues. Revenue types and changes are depicted below in Table 1. Detailed explanations can be found in Attachment 2.

Table 1: Fiscal Year 2022-23 Revenue Projections
Revenue Type FY 2022-23
Adopted
Increase
(Decrease)
FY 2022-23
Proposed % Change
Taxes
Property Taxes $22,542,000

972,000 $23,514,000 4.31%
Sales and Use
Taxes 18,200,000

550,000 18,750,000 3.02%
Franchise Fees 2,629,000

- 2,629,000 0.00%
Transient
Occupancy Taxes 3,100,000

1,400,000 4,500,000 45.16%
Real Property
Transfer Tax 600,000

- 600,000 0.00%
Other Taxes 72,000

- 72,000 0.00%
Licenses and
Permits 1,916,000

- 1,916,000 0.00%
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Revenue Type FY 2022-23
Adopted
Increase
(Decrease)
FY 2022-23
Proposed % Change
Charges for
Services 3,896,000

172,400 4,068,400 4.43%
Intergovernmental 221,600

- 221,600 0.00%
Use of Money
and Property 383,000

- 383,000 0.00%
Fines and
Forfeitures 410,000

- 410,000 0.00%
Developer
Contribution
Maintenance Fee 167,200

- 167,200 0.00%
Other 107,500

- 107,500 0.00%
Total $54,244,300

3,094,400 $57,338,700 5.70%
Summary of Proposed General Fund Expenditures by Program As in previous budget documents, each department develops annual goals consistent with the City’s current Strategic Plan. Adjustments to budgeted amounts for program expenditures have been proposed to better reach these strategic goals. Table 2 shows the proposed appropriations for each departmental program. Detailed explanations can be found in Attachment 2.

Table 2: Proposed Departmental Appropriations
General
Fund/Expenditure
Program
FY 2022-23
Adopted
Increase
(Decrease)
FY 2022-23
Proposed
% Change
Legislative $102,500 $25,000 $127,500 24.39%
General
Government

City
Manager
1,330,500 19,500 $1,350,000 1.47%
Information
Technology
2,234,300 6,500 $2,240,800 0.29%
City Clerk 737,700 196,526 $934,227 26.64%
City Attorney 1,286,000 0 $1,286,000 0.00%
Finance 3,076,800 139,969 $3,216,769 4.55%
Public
Information
806,800 73,340 $880,140 9.09%
Human
Resources
472,000 12,350 $484,350 2.62%
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General
Fund/Expenditure
Program
FY 2022-23
Adopted
Increase
(Decrease)
FY 2022-23
Proposed
% Change
Community
Development
3,256,500 220,552 $3,477,052 6.77%
Public Works 13,269,300 414,129 $13,683,429 3.12%
Community
Services
3,546,850 110,060 $3,656,910 3.10%
Police Services 21,255,400 (169,929) $21,085,471 -0.80% Total $51,374,650 $1,047,997 $52,422,648 2.04%
The proposed changes to Fiscal Year 2022-23 cost estimates are present with detailed explanations in Attachment 2. Attachment 3 reflects revenue adjustments for the General Fund. Attachment 4 reflects appropriation adjustments for the General Fund, and Attachment 5 reflects adjustments for all other funds. Other fund adjustments include proposed CIP projects. These projects include the advancement of funding of two Lake Forest Traffic Mitigation (“LFTM”) improvement projects. The Strategic Plan identifies these projects in Goal A SP#1, which prioritizes initiatives to reduce traffic congestion, improve mobility, and manage on-street parking. Two additional projects funded by the Park Development fund address Goal A SP#18, which describes the consistent investment in the City’s park system.

Conclusion
Staff is seeking direction regarding the proposed Mid-Cycle adjustments to the 2021-2023 Operating Budget for Fiscal Year 2022-23. In addition, staff will continue to review and analyze revenue and cost estimates based on additional information and proposed changes or corrections will be incorporated into the final documents. Final proposed Mid-Cycle adjustments will incorporate input and direction provided by the City Council. Final adjustments will be brought before the City Council on June 21, 2022, to be considered for approval and budget appropriation for Fiscal Year 2022-23.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action, as staff are only seeking feedback and direction from the City Council. The potential fiscal impact of adopting the proposed Mid-Cycle adjustments will be determined based on the input and direction provided by the City Council and will be presented with the final proposed Mid-Cycle adjustments, scheduled to be considered on June 21, 2022.

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ATTACHMENTS:

1. 2021-2023 Operating Budget Mid-Cycle Review Letter

2. Proposed Mid-Cycle Fiscal Year 2021-2023 Changes

3. General Fund Revenue by Source

4. General Fund Appropriations

5. Estimated Revenue/Appropriation Adjustments to Other Funds Initiated By: Amy Lewis, Assistant Director of Finance
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
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0 2021-2023 Operating Budget Mid-Cycle Budget Review Letter City of Lake Forest, CA
May 17, 2022
Staff is pleased to present a balanced budget consistent with the overall priorities of the community. The budget is a resource allocation document. It also serves as the financial plan for the City of Lake Forest, providing policy direction in areas of desired service level and funding priorities. Council adopted a two-year budget in June of 2021. As we reach Mid-Cycle, we are able to review the adopted budget for the second year of the biennial budget, assess the City’s performance on financial and budgetary priorities, and perform adjustments to adapt to the dynamic needs of the City.

Based on the mid-year budget review, our local economy is showing incredible strength.

Increases in property tax and property transfer tax revenues show that Lake Forest continues to be a desirable place to live. Sales taxes are also increasing while “hotel taxes” are outpacing pre-pandemic levels. The City’s spending is well within budgeted amounts and staff has made considerable progress in completing projects as outlined in the Strategic Plan. As reported in the Mid-Year Budget Review, we expect to finish the fiscal year with a $5.9 million surplus in the Operating Budget.

Fiscal Year 2021-22 Review
Due to the prudent management of operating funds, the City continued to make significant operational strides in delivering several important projects, many of which are described below.

Focus on Long Range Operational Improvements
Over the past year, the City has shifted its focus to identifying and implementing policies and projects that position the City for success into the future. Projects initiated over the past year include Asset Management Planning, Audit Committee reviews of major contracts (i.e., “1% reviews”), the City’s Finance System implementation, and implementation of a new Employee Telecommuting Policy.

To maintain the quality of life in Lake Forest into the future, it is critical to plan now for the repair and replacement of the City’s physical assets – the streets, sidewalks, play equipment, artificial turf fields, bathroom roofs, etc. Asset Management Planning will allow the City to forecast and understand the long-term maintenance and replacement costs of the City’s Item: 13
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0 infrastructure. The information gathered will allow the City to plan and set aside adequate funding in reserves to prevent an insurmountable rising of repair and replacement costs.

Continuous Public Engagement
Over the past year, the City initiated the Southwest Lake Forest Neighborhood Improvement Project, a project focused on improving the quality of life for residents living near the 1-5 freeway where community satisfaction – as measured by True North Research – has declined over the past 6 years. An interdepartmental task force started by obtaining feedback of residents living near the future Mountain View Affordable Housing project. The Needs Assessment identified issues such as street lighting, parking, and crime as top concerns. To date, staff initiated a clean-up day, enhanced graffiti removal, and met with business owners. In addition, new street signs will be installed in the area. While this is an ongoing, multi-year effort, the Southwest Lake Forest Neighborhood Improvement Project won an American Planning Association – Orange Section 2022 Award of Merit in the category of Advancing Diversity and Social Change.

The City also created and implemented a public engagement campaign related to Community Choice Energy Aggregation (“CCA”). The City’s staff research and analysis framed the policy issues in an exemplary manner; several cities have referenced this staff work to educate their own communities on CCAs.

Public Infrastructure Improvements
The City has demonstrated continuous emphasis on well-designed infrastructure and progress in completing traffic improvements. At this point, three Lake Forest Transportation Mitigation program projects are in design, including intersection improvements at Bake Parkway & Jeronimo, Lake Forest Drive & Jeronimo, and Los Alisos & Rockfield. All three Foothill Circulation Phasing Plan projects – Los Alisos & Muirlands intersection improvements, Jeronimo widening at El Toro, and El Toro Road raised medians from Jeronimo to Trabuco – are also in design. The City’s Public Works Department is also progressing on the Baffin Bay median project.

Other notable activity in Fiscal Year 2021-22 included:
Public Safety
oBecame first Orange County Sheriff Department (“OCSD”) contract city to adopt an Ordinance addressing Catalytic Converter thefts
oAdded 13 new Flock Security cameras. In 2021, OCSD utilized the cameras in identifying suspects in numerous investigations and the recovery of 24 occupied stolen vehicles, 1 wanted felony vehicle, 1 critically missing subject and 1 wanted homicide suspect. Lake Forest is now used as a model for other OCSD contract cities due to effectiveness of cameras.

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0 oCompleted Emergency Management training for City Council. Staff completed Emergency Management and Operations Training as well as conducted an EOC Tabletop Exercise.
Responding to State Mandates
oUtilized state grant funding for consulting costs associated with both the Housing Element and Mixed-Use Zoning projects. The City is one of the few cities in Southern California on track to meet the October 2022 deadline for an adopted Housing Element and Zoning Ordinance. Mixed Use Zoning is planned to be presented to the City Council in August.
oOrganics Recycling (AB 1826 & AB 1383)
Achieved the requirements for AB 1826 for commercial recycling and organics recycling.
Achieved 90% completion on meeting all requirements of AB 1383 and expected to reach 100% compliance by the end of 2022.
oAdopted Ordinances implementing Urban Lot Splits (SB 9) and Objective Design Standards for Multi Family Development and objectives design standards. Re-engaging the Community
oRelaunched Special Events including the 4 th of July Concert and Fireworks Show, National Night Out and Summer Concerts, the City’s 30th Anniversary Celebration and Tree Lighting, Snowfest and Bunny Blast, the Spring Boutique (new event featuring 52 vendors attended by 400 people), and the Storytelling Festival (upcoming new event).
oLaunched Performing Arts Center rentals, having featured children’s theater, a pageant, and cultural performances. Reached high demand of Community Center rentals including banquets and weddings.
oReopened Senior Club House with increased participation. oRelaunched Citizens Leadership Academy and CERT (Community Emergency Response Team).
oIncreased number of tournaments hosted at the Lake Forest Sports Park from 11 to 24 annually
oRelaunched events such as Business Expo and Hotel Roundtable City Council Audit and Ad Hoc Committees
The Audit Committee has continued to provide greater transparency regarding City finances.

The Committee also provided timely leadership regarding the planned use of American Rescue Plan Act funds.

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0 Ad Hoc Committees continue to be an effective approach to working through complex issues.

Each Ad Hoc Committee accomplished its stated purpose.
oPublic Safety Ad Hoc: Provided feedback on public safety and homeless issues. oCDBG Ad Hoc: Directed staff on the use of new CDBG funds to address the impacts of COVID-19.
oNon-Profit Ad Hoc: Worked with staff on a new policy for ongoing use of a City facility by non-profits.
oChamber of Commerce Ad Hoc: Reviewed Chamber contract, provided feedback on Chamber events, plans for annual meeting with Chamber Board of Directors oCommunity Choice Aggregation Ad Hoc: Researched CCAs in operation in California and reviewed public engagement plan to educate the community on this topic.

City staff is pleased to highlight a few of the programs and projects conducted in Fiscal Year 2021-22. The quarterly Strategic Plan updates document and provide more information on the high-quality services provided and goals achieved during the previous fiscal year.

Fiscal Year 2022-23
The City will continue its fiscally conservative approach to budgeting ongoing operations and capital improvement projects. While there is economic uncertainty associated with the ongoing and future effects of recent events, the City will continue to proactively take steps to protect the fiscal health of the community and work towards preparing for an operationally diligent and fiscally sustainable future.

Additional information on ongoing and future projects for Fiscal Year 2022-23 may be found in the 2021-2023 Operating Budget and the Strategic Business Plan, also available as a Supplemental Document within the City’s 2021-2023 Operating Budget.

Sincerely,
Debra D. Rose
City Manager
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ATTACHMENT 2
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Proposed Mid-Cycle Fiscal Year 2021-2023 Changes
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8 The proposed changes to the Fiscal Year 2022-23 are shown in Attachment 3, 4 and 5 accompanying this report. Attachment 3 reflects revenue adjustments for the General Fund. Attachment 4 reflects appropriation adjustments for the General Fund, and Attachment 5 reflects adjustments for all other funds.

Overall, proposed General Fund revenue increase totals $3,094,400 and proposed General Fund cost estimates increase totals $1,047,998.

Proposed Changes to Estimated Revenues
General Fund
(1)Secured Property Tax – Based on current year amended budget, it is recommended that revenue be increased by $557,000 to remain consistent with past trends.
(2)Property Tax – VLF- Based on current year amended budget the Motor Vehicle in Lieu will exceed the original estimate. It is recommended that the revenue be increased by $415,000.
(3)Sales and Use Tax – Based on prior quarters revenue and trends, it is recommended that estimated revenue be increased by $550,000 to remain consistent with current trends.
(4)Transient Occupancy Tax – Based on current revenues received and ongoing projections, it is recommended that revenue be increased by $1,400,000. This revenue source is projected to surpass pre-pandemic levels in the Fiscal Year 2022-23 budget year.
(5) Franchise Fees – Overall revenue remains consistent, while cable franchise fees are declining and electric franchise fees are raising, flattening the overall revenues.
(6)Charges for Services – Staff recommends an increase in the amount of $122,400 for Charges for Services. Building and Planning programs have trending increases due to higher than anticipated reimbursable inspections and permits. Adjustments to specific fees include increase of $75,000 for developer initiated CEQA consulting. Certain recreation fees are also trending to be higher than originally anticipated. This includes an increase of $129,000 of recreation classes, $8,000 of park reservation fees, $7,500 for Sports Tournaments, $90,000 for Sports Field Reservations, and an overall reduction of $187,100 for facility rentals and preschool and youth programs. Corresponding increases and decreases to expenditure appropriations are noted in the appropriation section for the General Fund for Community Development in item (12) and Recreation in item (13).

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Proposed Mid-Cycle Fiscal Year 2021-2023 Changes
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8 (7)Private Property Development Fees – Inspection revenue within the Public Works Department is trending higher than originally projected. Staff recommends increasing revenue by $50,000.

Proposed Changes to Estimated Expenditures
General Fund
(8)City Clerk – Staff is requesting an increase of $196,707. This increase contains $100,000 for a new Electronic Document Management system in alignment with strategic plan SP#49: Document imaging and Storage system. Additional funding for elections and records retention cost consists of $50,000. The remaining $46,707 includes updated personnel costs as well as additional hours for full front desk coverage. (9)Finance – Staff is requesting an increase of $139,969. This increase includes $57,200 to be used towards increased insurance premiums, $60,000 towards vehicle replacement and $22,769 in updated personnel costs.
(10)Management Services – General Government – Human Resources and Marketing and Communication have increases that total $48,350. These increases include $16,650 for updated leaflet printing costs, a net increase of $16,000 for updated website hosting, and an additional $15,700 for personnel and training costs.
(11)Information Technology – Staff is requesting an increase of $6,500 for updated personnel costs.
(12)City Manager – Staff is requesting an increase of $19,500 across both City Manager’s office as well as Economic Development. This funding is for Neighborhood improvement cost, as well as updated personnel and training costs.
(13)Public Safety - Police has an overall net decrease in appropriations of $169,929. This decrease is largely due to a decrease of $350,000 budgeted for body worn cameras that are now included in the contract. Increases to this department include $108,185 paid to the county for animal care costs, $67,131 paid to the county for the Sheriffs contract, $3,055 increase for subscription and hardware to be used for tickets, and $1,700 in updated personnel costs.

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8 (14)Management Services – Community Services – Staff is requesting a total increase of $147,283 including an additional $20,000 for a 2022 Tree Lighting Ceremony. This also includes an additional $13,350 in janitorial contract for the Sports park, a decrease of $2,100 in certain camps, $10,000 for Performing Art Center supplies, and an additional $106,033 in updated personnel costs.
(15)Public Works – Staff is requesting a total increase of $414,129 including $184,870 in mandated mulch cost, a $77,695 increase in the cost of water, $50,000 offset of inspections, $71,000 for Civic Center Janitorial Costs and $30,564 of updated personnel cost and training.
(16)Community Development – Staff is requesting a total increase of $220,488 in Community Development. This appropriation includes $36,676 for weekend Code Enforcement staff, $3,000 for the Triennial Edition of Title 24 Building Standards Code book, $5,000 for building department lobby improvements, $75,000 offset of developer initiated CEQA consulting services, $6,950 meeting costs, and $93,862 updated personnel costs. (17)City Council – Staff is requesting an increase of $25,000 for the use of meetings, mileage reimbursement, and travel.

Other Funds Revenues and Expenditures
(18)State Gas Tax Fund –
Revenue - Current projections for Gas Tax revenue from the State have increased $420,426 over the prior projection.

Expenditures – Staff requests an appropriation increase of $273,038 which includes $233,938 for street maintenance contract, $5,000 for TSSP Project Administration, $9,500 for increased utility costs, $20,000 for data collection and analysis, and $4,600 for updated personnel costs. (19)Lake Forest Traffic Mitigation –
Expenditures – Staff requests an appropriation increase of $350,000 for two CIP projects. This appropriation does not increase the overall cost of the project; however, it does move the funding forward to Fiscal Year 2022-23.

(20)Park Development Fund –
Appropriation – Staff requests an appropriation increase of $800,000 in the Park Development Fund for two CIP projects. These projects include lighting at Heroes Park, as well as Remodeling of office facilities at the Sports Park.

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Proposed Mid-Cycle Fiscal Year 2021-2023 Changes
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8 (21)CDBG-
Revenue – Current projections with approved action plan for CDBG require a $422,321 increase in revenues.

Expenditures – To remain consistent with the Fiscal Year 2022-23 CDBG action plan, a $422,321 increase in appropriations is required.

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ATTACHMENT 3
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City of Lake Forest
General Fund Revenue by Source
Fiscal Year 2022-23
(# ) Adopted Budget
Mid-Cycle
Adjustment
Proposed
Amended
Budget % Change
Taxes
Franchise
Cable (5) 1,056,000 (296,000) 760,000 -28.03%
Gas 155,000 - 155,000 0.00%
Electric (5) 857,000 296,000 1,153,000 34.54%
Refuse 561,000 - 561,000 0.00%
Total Franchise: 2,629,000 - 2,629,000 0.00%
Property Taxes
Other 727,000 - 727,000 0.00%
Motor Vehicle In Lieu (2) 9,835,000 415,000 10,250,000 4.22% Secured (1) 11,980,000 557,000 12,537,000 4.65%
Total Property Taxes: 22,542,000 972,000 23,514,000 4.31% Sales And Use (3) 18,200,000 550,000 18,750,000 3.02% Transient Occupancy (4) 3,100,000 1,400,000 4,500,000 45.16% Real Property Transfer 600,000 - 600,000 0.00%
Other Taxes-Fees 72,000 - 72,000 0.00%
Total Taxes: 47,143,000 2,922,000 50,065,000 6.20% Licenses and Permits
Building Permits 1,915,000 - 1,915,000 0.00%
Other 1,000 - 1,000 0.00%
Total Licenses and Permits: 1,916,000 - 1,916,000 0.00% Charges for Services
Community Services
S
eniors - - -
Rentals and Reservations (6) 279,500 105,500 385,000 37.75% Community Events 52,500 - 52,500 0.00%
Reservations (6) 240,100 (65,100) 175,000 -27.11% Recreation (6) 358,000 111,000 469,000 31.01%
Kids Factory (6) 430,000 (104,000) 326,000 -24.19% Hometown Heros 6,000 - 6,000 0.
00%
Sports 100,000 - 100,000 0.00%
Skatepark 250,600 - 250,600 0.00%
Total Community Services: 1,716,700 47,400 1,764,100 2.76% Plan Check (6) 413,000 75,000 488,000 18.16%
Planning And Zoning 510,300 - 510,300 0.00%
Engineering Inspection (7) 1,225,000 50,000 1,275,000 4.08% Shared Services 22,000 - 22,000 0.00%
Total Charges for Services: 3,896,000 172,400 4,068,400 4.43% Intergovernmental
Other Grant 182,600 - 182,600 0.00%
Other State 39,000 - 39,000 0.00%
Total Intergovernmental: 221,600 - 221,600 0.00% Use of Money and Property
Investment Earnings 250,000 - 250,000 0.00%
Lease Income 133,000 - 133,000 0.00%
Total Use of Money and Property: 383,000 - 383,000 0.00% Fines and Forfeitures
Motor Vehicle 205,000 - 205,000 0.00%
Local Ordinance 205,000 - 205,000 0.00%
Total Fines and Forfeitures: 410,000 - 410,000 0.00% Item: 13
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City of Lake Forest
General Fund Revenue by Source
Fiscal Year 2022-23
(#) Adopted Budget
Mid-Cycle
Adjustment
Proposed
Amended
Budget % Change
Developer Contribution 167,200 - 167,200 0.00% Other 107,500 - 107,500 0.00%
TOTAL 54,244,300 3,094,400 57,338,700 5.70%
(#) Correlates to the numbered items on Attachment 2.

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ATTACHMENT 4
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City of Lake Forest
General Fund Appropriations
Fiscal Year 2022-23
(#)
Adopted
Budget
Mid-Cycle
Adjustment
Proposed
Amended
Budget % Change
General Government
City Attorney
Operations and Maintenance - -
Contract Services 1,286,000 - 1,286,000 0.00% Total City Attorney: 1,286,000 - 1,286,000 0.00% City Clerk
Personnel (8) 513,700 46,707 560,407 9.09% Operations and Maintenance (8) 145,100 (7,000) 138,100 -4.82% Contract Services (8) 78,900 51,820 130,720 65.68% Capital Outlay (8) - 105,000 105,000 Total City Clerk: 737,700 196,527 934,227 26.64% Finance
Personnel (9) 1,120,000 22,769 1,142,769 2.03% Operations and Maintenance (9) 1,545,900 57,200 1,603,100 3.70% Contract Services 410,900 - 410,900 0.00% Capital Outlay (9) - 60,000 60,000 Total Finance: 3,076,800 139,969 3,216,769 4.55% Public Information
Personnel (10) 472,300 2,700 475,000 0.57% Operations and Maintenance (10) 86,300 1,700 88,000 1.97% Contract Services (10) 248,200 68,940 317,140 27.78% Total Public Information: 806,800 73,340 880,140 9.09% Human Resources
Personnel (10) 337,800 2,800 340,600 0.83% Operations and Maintenance (10) 62,400 (1,850) 60,550 -2.96% Contract Services (10) 68,800 11,400 80,200 16.57% Capital Outlay 3,000 - 3,000 0.00% Total Human Resources: 472,000 12,350 484,350 2.62% Information Technology
Personnel (11) 519,600 14,500 534,100 2.79% Operations and Maintenance (11) 935,900 81,200 1,017,100 8.68% Contract Services (11) 629,200 (89,200) 540,000 -14.18% Capital Outlay 149,600 - 149,600 0.00% Total Information Technology: 2,234,300 6,500 2,240,800 0.29% City Manager
City Manager
Personnel (12) 856,000 10,000 866,000 1.17% Operations and Maintenance (12) 29,800 2,200 32,000 7.38% Contract Services (12) 70,000 5,000 75,000 7.14% Total City Manager: 955,800 17,200 973,000 1.80% Economic Development
City Manager (12) 224,600 4,300 228,900 1.91% Personnel (12) 28,200 (1,760) 26,440 -6.24% Operations and Maintenance (12) 121,900 (240) 121,660 -0.20% Total E Contract Services (12) 374,700 2,300 377,000 0.61% Total City Manager: 1,330,500 19,500 1,350,000 1.47% Total General Government: 9,944,100 10,392,286 4.51% Public Safety
Police Services
Personnel (13) 133,300 1,700 135,000 1.28% Operations and Maintenance (13) 126,700 3,055 129,755 2.41% Contract Services (13) 20,995,400 (174,684) 20,820,716 -0.83% Total Police Services: 21,255,400 (169,929) 21,085,471 -0.80% Total Public Safety: 21,255,400 21,085,471 -0.80% Item: 13
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City of Lake Forest
General Fund Appropriations
Fiscal Year 2022-23
(#)
Adopted
Budget
Mid-Cycle
Adjustment
Proposed
Amended
Budget % Change
Community Services
Administration
Personnel (14) 207,200 7,435 214,635 3.59% Operations and Maintenance (14) 53,300 27,650 80,950 51.88% Total Administration: 260,500 35,085 295,585 13.47% Seniors
Personnel (14) 483,400 28,462 511,862 5.89% Operations and Maintenance 124,650 - 124,650 0.00% Total Seniors: 608,050 28,462 636,512 4.68% Skatepark
Personnel (14) 499,400 4,000 503,400 0.80% Operations and Maintenance (14) 74,700 (3,800) 70,900 -5.09% Total Skatepark: 574,100 200 574,300 0.03% Sports Park And Recreation Cen
Personnel (14) 598,900 48,343 647,243 8.07% Operations and Maintenance (14) 802,700 (34,450) 768,250 -4.29% Capital Outlay (14) 10,000 (10,000) - -100.00% Total Sports Park And Recreation Cen: 1,411,600 3,893 1,415,493 0.28% Special Events
Personnel (14) 126,400 2,600 129,000 2.06% Operations and Maintenance (14) 229,000 15,750 244,750 6.88% Contract Services 31,500 - 31,500 0.00% Total Special Events: 386,900 18,350 405,250 4.74% Community Center-Performing Arts
Personnel (14) 208,300 14,181 222,481 6.81% Operations and Maintenance (14) 71,400 9,890 81,290 13.85% Contract Services 26,000 - 26,000 0.00% Total Community Center-Performing Arts: 305,700 24,071 329,771 7.87% Total Community Services: 3,546,850 3,656,911 3.10% Public Works
Administration
Personnel (15) 505,300 400 505,700 0.08% Operations and Maintenance 14,400 - 14,400 0.00% Contract Services 125,000 - 125,000 0.00% Total Administration: 644,700 400 645,100 0.06% Engineering
Personnel (15) 482,700 15,800 498,500 3.27% Operations and Maintenance (15) 909,700 8,000 917,700 0.88% Contract Services (15) 1,135,000 50,000 1,185,000 4.41% Total Engineering: 2,527,400 73,800 2,601,200 2.92% Water Quality
Personnel (15) 286,900 (6,000) 280,900 -2.09% Operations and Maintenance (15) 398,100 4,600 402,700 1.16% Total Water Quality: 685,000 (1,400) 683,600 -0.20% Maintenance
Landscaping And Building Maint.

Personnel (15) 417,800 9,014 426,814 2.16% Operations and Maintenance (15) 917,900 92,281 1,010,181 10.05% Contract Services (15) 4,610,800 (32,634) 4,578,166 -0.71% Total Landscaping And Building Maint.: 5,946,500 68,661 6,015,161 1.15% Street and Traffic Management
Personnel (15) 179,100 4,200 183,300 2.35% Operations and Maintenance (15) 13,000 6,100 19,100 46.92% Item: 13
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City of Lake Forest
General Fund Appropriations
Fiscal Year 2022-23
(#)
Adopted
Budget
Mid-Cycle
Adjustment
Proposed
Amended
Budget % Change
Contract Services (15) 464,200 21,660 485,860 4.67% Total Street and Traffic Management: 656,300 31,960 688,260 4.87% Sports Park Maintenance
Personnel (15) 145,600 3,800 149,400 2.61% Operations and Maintenance (15) 292,900 26,250 319,150 8.96% Contract Services (15) 1,024,200 77,978 1,102,178 7.61% Total Sports Park Maintenance: 1,462,700 108,028 1,570,728 7.39% Civic Center
Personnel (15) 112,000 3,100 115,100 2.77% Operations and Maintenance (15) 327,000 58,580 385,580 17.91% Contract Services (15) 907,700 71,000 978,700 7.82% Total Civic Center: 1,346,700 132,680 1,479,380 9.85% Total Maintenance: 9,412,200 341,329 9,753,529 3.63% Total Public Works: 13,269,300 13,683,429 3.12% Community Development
Administration
Personnel (16) 353,600 4,368 357,968 1.24% Operations and Maintenance (16) 13,000 200 13,200 1.54% Capital Outlay (16) - 1,000 1,000 Total Administration: 366,600 5,568 372,168 1.52% Building
Operations and Maintenance (16) 4,600 3,200 7,800 69.57% Contract Services (16) 1,209,000 - 1,209,000 0.00% Capital Outlay (16) - 5,000 5,000 Total Building: 1,213,600 8,200 1,221,800 0.68% Planning
Personnel (16) 669,600 71,358 740,958 10.66% Operations and Maintenance (16) 26,500 1,000 27,500 3.77% Contract Services (16) 450,000 100,000 550,000 22.22% Capital Outlay (16) - 2,000 2,000 Total Planning: 1,146,100 174,358 1,320,458 15.21% Code Enforcement
Personnel (16) 490,300 29,876 520,176 6.09% Operations and Maintenance (16) 18,300 1,550 19,850 8.47% Contract Services (16) 20,000 - 20,000 0.00% Capital Outlay (16) - 1,000 1,000 Total Code Enforcement: 528,600 32,426 561,026 6.13% Housing
Operations and Maintenance (16) 1,600 - 1,600 0.00% Total Housing: 1,600 - 1,600 0.00% Total Community Development: 3,256,500 3,477,052 6.77% Legislative
City Council
Personnel 45,600 - 45,600 0.00% Operations and Maintenance (17) 11,000 25,000 36,000 227.27% Total City Council: 56,600 25,000 81,600 44.17% Planning Commission
Personnel 200 - 200 0.00% Operations and Maintenance 21,600 - 21,600 0.00% Total Planning Commission: 21,800 - 21,800 0.00% Traffic And Parking Commission
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City of Lake Forest
General Fund Appropriations
Fiscal Year 2022-23
(#)
Adopted
Budget
Mid-Cycle
Adjustment
Proposed
Amended
Budget % Change
Operations and Maintenance 13,600 - 13,600 0.00% Total Traffic And Parking Commission: 13,800 - 13,800 0.00% Parks And Recreation Commission
Personnel 200 - 200 0.00% Operations and Maintenance 10,100 - 10,100 0.00% Total Parks And Recreation Commission: 10,300 - 10,300 0.00% Total Legislative: 102,500 25,000 127,500 24.39% TOTAL: 51,374,650 1,047,999 52,422,649 2.04% (#) Correlates to the numbered items on Attachment 2.

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ATTACHMENT 5
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City of Lake Forest
Estimated Revenue/Appropriation Adjustments
Fiscal Year 2022-23
(#)
Revenue
Adjustments
Appropriation
Adjustments
Net Increase/
(Decrease) to
Fund Balance
State Gas Tax Fund
Intergovernmental Revenue (18) 420,426 - Personnel Full-Time Salaries (18) - 4,600 Utilities-Electric-Signals (18) 9,500
Contract Services - Street Maint (18) 233,938 Prof Serv-Traffic Engineer (18) 20,000
Prof Serv-Traffic Engineer (18) 5,000
Net increase (decrease) in fund balance 147,388
Lake Forest Traffic Mitigation Fund
CIP - Jeronimo at Lake Forest Drive (19) - 75,000 CIP - Right-turn Lane at Rockfield Blvd (19) - 275,000 Net increase (decrease) in fund balance - (350,000) Park Development Fund
CIP - Heroes Park Lighting (20) - 600,000 CIP - Sports Park Office Remodel (20) - 200,000 Net increase (decrease) in fund balance (800,000)
CDBG Fund
CDBG Revenue (21) 422,321
ADA Phase XIII (21) 50,000
Current CIP Funding (21) (175,000)
Administration (21) 27,500
Public Service Grants (21) 1,555
Housing Rehab Loans (21) 60,500
Citywide Paint Program (21) 25,000
Affordable Housing (21) 432,766
Net increase (decrease) in fund balance -
Totals 842,747 1,845,359 (1,002,612) (#) Correlates to the numbered items on Attachment 2.

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CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/17/2022
DEPARTMENT: City Manager
SUBJECT:

AGREEMENT WITH THE COUNTY OF ORANGE FOR LAW ENFORCEMENT

SERVICES
RECOMMENDED ACTION(S):

Approve and authorize the Mayor to sign the agreement with the County of Orange for Law Enforcement Services for Fiscal Year 2022-23.

EXECUTIVE SUMMARY:

The City of Lake Forest contracts with the Orange County Sheriff’s Department (“OCSD”) for law enforcement services. The proposed cost for the attached Fiscal Year 2022-23 Law Enforcement Services Agreement (“OCSD Agreement”) is $19,707,131, which is an increase of $703,633 or 3.7% from the previous year.

The City’s increase is primarily due to the additional costs associated with purchasing body worn cameras, the transition from patrol video cameras to in-car video, and increased salary and benefit costs of personnel. Through the law enforcement efforts of the OCSD and partnership with the community, Lake Forest consistently has one of the lowest Part 1 Crime rates within Orange County. Staff recommends the City Council approve the new one-year OCSD Agreement.

BACKGROUND:

Upon incorporation in 1991, the City implemented the “contract-city” service model for a variety of public services, including law enforcement. Consequently, the City has a long-standing contractual relationship with OCSD, which also provides services to 12 cities in Orange County. The contract service model has proven to be an effective and efficient model for service delivery and crime prevention. The City’s annual contract with OCSD funds salaries, benefits, and other associated overhead for the number of direct and shared positions required to support public safety and police operations within the City’s boundaries.

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facilities, vehicles, training, personnel, specialized policing units (i.e., Directed Enforcement Team, Special Enforcement Team, Behavioral Health Bureau, Special Weapons and Tactics, and the Gang Enforcement Team) and other costs. Each year, as part of the City’s budget compilation process, staff reviews the proposed cost associated with these services and authorizes an annual agreement with OCSD.

DISCUSSION:

Year in Review
The OCSD continues its partnership with the community to reduce and prevent crime in Lake Forest through various initiatives. Highlights from the 2021 include:
2,224 hours of service donated by the Sheriff’s Team of Active Retired Seniors (“STARS”)
Homeless Liaison Officer (“HLO”) placed 10 homeless individuals into housing in partnership with other organizations
Provided City with Active Shooter Training for City personnel Continued to refine emergency response services in partnership with the Orange County Fire Authority
Helped the City implement Automated License Plate Reader (“ALPR”) cameras in 13 additional locations throughout the city
Held several Neighborhood Walks in various parts of the city to address community concerns and build relationships
Implemented Body-Worn Camera program for Lake Forest personnel Reintroduced the Kids Safe Academy
Traffic Enforcement Statistics
The recommended California State Office of Traffic Safety (“OTS”) Traffic Enforcement Index is between 25%-35%. This index is determined by dividing the number of hazardous violations by the number of fatal and injury collisions.

In 2021, the City’s Traffic Enforcement Index was below that range at 16.4%.

There was an increase in the number of fatal traffic accidents from one to four from the prior year and the number of injury traffic accidents increased by 31.6%.

A three-year comparison of traffic enforcement statistics is provided in Table 1 below.

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Table 1: Traffic Enforcement Statistics
Incident Type 2019 2020 2021
Hazardous Moving Citation 2,072 1,603 1,018
Non-Hazardous Citations 1,869 1,254 726
Fatal Traffic Accidents 6 1 4
Injury Traffic Accidents 147 119 150
Calls for Service
Calls for Service include calls that were generated from dispatch and by the patrol deputies’ self-initiated observations. In 2021, there was a 4.6% decrease in the total number of Calls for Service and a slight increase in average response time 5.3%. Of these calls for service, those that are potential life-threatening incidents are identified as “Priority One” calls. Table 2 provides a three-year comparison of response times for all Calls for Service.

Table 2: Calls for Service and Response Times
Metric 2019 2020 2021
Total Calls for Service 31,067 27,087 26,519
Priority One Calls 379 375 427
Response Times for Priority
One Calls 4:04 min 4:17 min 4:45 min
Reports of Crime and Crime Rates
The Uniform Crime Reporting (“UCR”) database, which includes Part I Crimes, is reported on a calendar year basis by the Federal Bureau of Investigation (“FBI”).

In terms of the number of reported crimes and the crime rate, various factors may affect these figures, in either a positive or negative direction. Furthermore, the crime statistics over a single year do not provide sufficient basis to establish a crime trend. Consequently, when discussing crime, a more longitudinal approach provides a greater level of context and the ability to identify potential trends. Nonetheless, OCSD regularly provides Part 1 crime statistics to the City and the information is posted on the City’s website. Part 1 crimes are defined as violent or serious crimes, such as homicide, rape, burglary, and auto theft.

Staff has attached the Part 1 crime statistics provided by OCSD. For comparison’s sake, the statistics are displayed dating back to 2017 (Attachment 1). The 2021 per capita crime analysis for all Orange County cities is not available as of the publication of this report, but will be provided to the City Council upon receipt.

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2021. Traditionally, Part 1 crime data is documented via the Uniform Crime Reporting (“UCR”) Program administered by the U.S. Department of Justice.

During the 2021 calendar year, the National Incident-Based Reporting System (“NIBRS”) was introduced to replace UCR. As a result of this technical change, OCSD will need to manually reconcile UCR Part 1 crime data to comport to the NIBRS system for 2021. Table 3 below shows UCR Part 1 crime data for Lake Forest since 2017, but only includes the months January through May for 2021.

Table 3: Annual Lake Forest Part 1 Crimes 2017-2021
*Note: 2021 data only reflects crimes from January – May Proposed FY 2022-23 Agreement
Each year, the OCSD prepares an estimate of potential cost that helps to begin the development of annual contracts with the various cities. This process is purposefully iterative in that the OCSD works closely with contract cities and presents subsequent estimates of the potential costs based on its operations, desired service levels from contract cities, and other general feedback from those communities. As part of that process, contract city representatives and OCSD discuss ongoing needs relative to public safety and cost-sharing/saving measures that provide sufficient funding for the level of services desired.

This year, the estimate provided by OCSD is $19,707,131, which is a 3.7%, or $703,633 increase from the previous year. The City’s increase is primarily due to the additional costs associated to purchasing body worn cameras, the transition from patrol video cameras to in-car video, and increased salary and benefit costs Item: 14
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of personnel. Based on the proposed budget allocation for Fiscal Year 2022-23 of the 2021-23 Operating Budget, the OCSD Agreement is approximately 34% of the overall General Fund.

Orange County Sheriff’s Department Staffing
OCSD proposes a total of 54 non-shared positions for Lake Forest within categories of administration, patrol investigations, traffic enforcement, and community policing, which includes special events and crime prevention (Attachment 3). This is the same level of service that was provided for Fiscal Year 2021-22. Table 4 provides the proposed breakdown of positions for Fiscal Year 2022-23.

Table 4: Category & Position Title FY 2022-23
Category & Position Title Qty
Administration
Captain, Chief of Police
Sergeant
Office Specialist
1 1
1 Patrol
Sergeant
Deputy Sheriff
4 32
Investigations
Investigator
Investigative Assistant
3 1
Traffic
Motorcycle Deputies
Commercial Enforcement
Community Services Officer/Parking
Enforcement Officer
2 1
5 Community Policing
Deputy Sheriff
Crime Prevention Specialist
2 1
TOTAL STAFF 54
Consistent with the previous contract year, the proposed OCSD Agreement includes shared positions in various categories. Consistent with past practices, the proposed shared positions and percentage contributions were derived through a detailed analysis completed by OCSD. The analysis uses actual expenditures in the current year to allocate anticipated shared personnel costs in the upcoming year among the various contract cities in south Orange County.

The sharing of resources creates efficiencies and controls costs for all participating cities and is one of the many benefits of the contract method of service delivery. The percentage contribution decreased for all positions, Item: 14
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excluding the Courts Investigative Assistant and Motorcycle Sergeant MDC, which both increased. The changes resulted from statistical reporting for Fiscal Year 2022-23, analyzing caseload rate per position, and anticipating future needs.

Table 5: Regional/Shared Staff Personnel and Percentage Contribution Position Qty Percentage
Contribution
Traffic Sergeant 0.6 14.72%
Traffic Deputy Sheriff 4 14.72%
Traffic Investigative Assistant 2 14.72%
Traffic Office Specialist 1 14.72%
Auto Theft Sergeant 0.3 10.38%
Auto Theft Investigator 2 10.38%
Auto Theft Investigative Assistance 1 10.38%
Auto Theft Office Specialist 1 10.38%
DET Sergeant 1 18.54%
DET Investigator 1 18.54%
Courts Investigative Assistant 2 46.19%
Motorcycle Sergeant MDC 1 8.16%
TOTAL SHARED COSTS 16.90
Amendment Approval
The OCSD Agreement for Fiscal Year 2022-23 stipulates that the City Manager has the authority, administratively, to approve amendments that would not exceed one percent of the total contract cost. Based on the total cost of $19,707,131, this would allow the City Manager to approve amendments up to $197,071.31. At this time, staff recommends the City Council approve the proposed OCSD Agreement.

FISCAL IMPACT:

The total cost of the OCSD Agreement for Fiscal Year 2022-23 is $19,707,131, which is an increase of $703,633 or 3.7% from the Fiscal Year 2021-22 contract.

Sufficient funds have been allocated in the Proposed Fiscal Year 2022-23 Police Services Operating Budget to cover the cost of these services.

ATTACHMENTS:

1. Lake Forest Police Services 2021 Annual Report

2. Agreement for Law Enforcement Services with Orange County Sheriff’s Department for Fiscal Year 2022-23
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3. Orange County Sheriff’s Department Fiscal Year 2022-23 Staffing Plan Initiated By: Sharlyn de la Paz, Senior Management Analyst Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
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ATTACHMENT 1

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Lake Forest Police Services
Part I Crimes

Crime 2017 2018 2019 2020 2021*
Criminal Homicide 0 2 0 1 0
Rape 19 14 7 9 7
Robbery 24 36 14 26 21
Assaults 90 108 54 57 16
Residential
Burglary 64 73 48 35 25
Commercial
Burglary 102 66 60 89 35
Larceny-Theft 504 510 503 626 372
Auto Theft 87 112 74 100 50
TOTAL 890 921 921 943 526
*2021 data only reflect crimes from January - May
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ATTACHMENT 3
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/17/2022
DEPARTMENT: City Manager
SUBJECT:

LEGISLATIVE AND REGULATORY MATTERS
RECOMMENDED ACTION(S):

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

THE CITY OF LAKE FOREST, CALIFORNIA TO OPPOSE CALIFORNIA INITIATIVE 21-0042A2

2. Approve the recommended City positions on various proposed California Assembly and Senate Bills provided by staff.

EXECUTIVE SUMMARY:

As part of its Legislative Program, the City Council adopts a Legislative Platform prior to the start of the State’s Legislative Session. This platform contains policy guidelines rooted in the preservation of local control and municipal financial independence. The City Council adopted the 2022 Legislative Platform (Attachment 1) on January 18, 2022.

This report provides a summary of proposed legislation potential to significantly impact the operational, financial position, or decision-making capacity of the City of Lake Forest. Each summary includes a staff recommendation on whether the City Council should support or oppose the legislation.

Initiative 21-0042A1
Staff Recommended Position: Oppose
CalCities Position: Oppose
In 2018, the California Business Roundtable and the beverage industry supported the “Tax Fairness, Transparency and Accountability Act of 2018.” This proposition was initially planned to be part of the 2018 General Election ballot but was withdrawn before the ballot was published. At that time, CalCities and a host of other public policy organizations including labor, school districts, and infrastructure advocates opposed the measure. If enacted, the proposition would Item: 15
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have severely limited the ability of local governments to generate revenue by removing the distinction between general and special taxes (requiring all taxes be subject to 2/3 voter approval), changing the times for which new taxes could be considered, limiting the ability to levy fees and fines for violations of local law, and requiring local governments to arduously justify fee amounts.

In 2022, the California Business Roundtable filed Initiative 21-0042A1 (“Taxpayer Protection and Government Accountability Act”) with the initiative coordinator at the California Attorney General’s Office. This new proposition largely mirrors the Tax Fairness, Transparency and Accountability Act of 2018 and has drawn intense opposition from local governments. Staff recommends the City Council approve the attached resolution (Attachment 2) documenting opposition to the Taxpayer Protection and Government Accountability Act proposition. The full text of Initiative 21-0042A1 is provided as Attachment 3.

Assembly Bill 1944
Staff Recommended Position: Support
CalCities Position: Support
Public meetings of the City Council are subject to the Ralph M. Brown Act (“Brown Act”), which requires City Councilmembers who participate remotely in meetings make the address for which they teleconference from available to the public. Enacted in 2021, Assembly Bill 361 (“AB 361”) allows City Councilmembers to attend public meetings via teleconference without publicly posting the address for which they are telecommuting from. AB 361 is scheduled to sunset at the end of 2023 as the COVID-19 public health emergency expires.

Assembly Bill 1944 (“AB 1944”) would permanently continue the teleconferencing allowances provided by AB 361, so long as members of the public are able to view the meeting via video feed and are provided the opportunity to submit public comments via telephone or through videoconferencing. Staff recommends the City Council support AB 1944, as the teleconferencing allowances provided by the proposed law increases public access to public meetings. In addition, AB 1944 would enshrine the City’s ability to host public meetings with ease despite logistical disruptions that may happen in the future.

Assembly Bill 1953
Staff Recommendation: Oppose
CalCities Position: Oppose Unless Amended
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Assembly Bill 1953 (“AB 1953”) would require, by January 1, 2025, the owner or operator of a transit hub, local park, public building, publicly owned building, shopping mall, or municipal golf course that has a water infrastructure source to install and maintain at least one, or maintain at least one existing, accessible water bottle refill station for public use. The bill would also require municipalities that own water fill stations that are not accessible to make them publicly accessible by January 1, 2025. Staff recommends the City Council oppose AB 1953 as this proposed bill would erode the City’s independence to operate public buildings and parks based on genuine local needs.

Assembly Bill 1985
Staff Recommendation: Support
CalCities Position: Support
Senate Bill 1383 (“SB 1383”) was passed in 2016 and set aggressive statewide targets for the reduction in organic waste from landfills. After SB 1383 was passed, CalRecycle implemented regulations to facilitate progress towards the statewide goals described in SB 1383. One of the regulations adopted by CalRecycle was the requirement for local jurisdictions to procure organic products (mulch, certain paper products, etc.). The amount of organic product a local jurisdiction is required to procure is based on a population-driven formula.

Unfortunately, as a result of this formula, Lake Forest will be required to procure organic material in excess of what is genuinely required for the City’s operations.

This bill would require CalRecycle to compile and maintain on its website a list, organized by ZIP Code, of information regarding persons or entities that produce and have available in the state organic waste products and update the list at least every 6 months. In theory, establishing and maintaining this list will help facilitate the growth and diversification of the organic product marketplace, which can make it easier for the City to achieve its organic procurement requirement.

The bill is being spearheaded by CalCities. Staff recommends the City Council support AB 1985, as this proposed legislation could make SB 1383 compliance less difficult.

Senate Bill 897
Staff Recommendation: Oppose
CalCities Position: Oppose
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would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, Senate Bill 897 (“SB 897”) would define “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. Also, SB 897 would disallow local agencies from regulating the height of ADU’s beyond 25-feet. Staff recommends the City Council oppose SB 897, as this proposed legislation would impede on the City’s long-standing ability to regulate land use based on standards established by the City through comprehensive public engagement.

Senate Bill 932
Staff Recommendation: Oppose
CalCities Position: Oppose
Senate Bill 932 “SB 932” would require local governments to add specific bicycle, pedestrian, and traffic calming initiatives to the circulation element of general plans by June 30, 2024. SB 932 would require the implementation of the new bicycle, pedestrian, and traffic calming initiatives within two years of passing the updated circulation element. Also, the bill would enable persons injured by vehicles within the right-of-way to take legal action against local governments that fail to comply with provisions of their general plans or the text of SB 932.

Staff recommends the City Council oppose SB 932, as this proposed legislation would add unnecessary deadlines and documentation work to the City’s existing efforts to expand active transportation options.

The text of each proposed Assembly and Senate bill in this report is provided in Attachment 4.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended actions.

ATTACHMENTS:

1. 2022 Legislative Platform

2. Resolution to Oppose California Initiative 21-0042A2

3. California Initiative 21-0042A1 Text

4. Bill Text
Exhibit A: Assembly Bill 1944
Exhibit B: Assembly Bill 1953
Exhibit C: Assembly Bill 1985
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Exhibit D: Senate Bill 897
Exhibit E: Senate Bill 932
Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Debra Rose, City Manager
Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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CITY OF LAKE FOREST
2022 LEGISLATIVE PLATFORM
The Legislative Platform (“Platform”) defines the City’s Policy guidelines and provides the foundation for advocacy efforts at the federal, state, and local levels.

Staff uses this Platform to identify relevant topic areas and subject matter, and makes recommendations to the City Council on specific legislation consistent with the policy guidelines. Additionally, in the event it is necessary for the City to respond to a legislative proposal in a timeframe that does not allow the City Council to take formal action, staff would express positions on bills in accordance with these guidelines, and then seek City Council direction at the appropriate time.

Policy Guidelines:

1. The City supports legislation that leads to greater financial independence from federal, state and/or county government, and protects local resources from seizure by federal, state and/or county agencies.

2. The City supports legislation maintaining maximum local flexibility in all areas of its responsibility and operations and opposes legislation that imposes intrusive, unnecessary or unfunded state-imposed mandates or preempts local authority.

3. The City supports legislation that advocates fair and proportionate representation on countywide and regional boards.

4. The City supports modification to the California Environmental Quality Act (“CEQA”) to eliminate duplicative and unnecessary provisions of the existing law.

5. The City supports efforts to reestablish the authority and financing capability previously afforded to local governments by redevelopment through legislation designed to support businesses through economic development and the City supports efforts to facilitate economic development efforts that enhance opportunities for local businesses.

6. The City supports legislative efforts that would amend existing law to ensure that prevailing wage rates do not impede its ability to pursue small-dollar projects and lower operating costs.

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7. The City supports efforts to amend the current occupancy calculation in the Uniform Housing Code (“UHC”) to achieve a more reasonable standard, thereby, improving the health, safety, and residential character of our community.

8. The City supports efforts, at both the federal and state level, to provide local agencies with regulatory tools related to short-term rentals and other uses in residential areas that have the ability to affect the quality of life.

9. The City supports bills that would lower taxation rates for businesses and residents.

10. The City supports religious freedom and legislation protecting religious freedom at both the state and federal level.

11. The City opposes legislation or policies that limit the type and or number of clean, renewable, sustainable energy sources available to consumers.

12. The City opposes legislation that makes the City more dependent on federal, state, and/or county government or agencies for policy direction.

13. The City opposes any legislation that is inconsistent with the doctrine of home rule, interferes with local exercise of police powers over local land use, or requires a federal, state, and/or county entity to develop model planning practices and policies.

14. The City opposes legislation or ballot initiatives that would alter the legislative intent of Proposition 13, including a split real-property tax roll that would affect commercial property and any amendment that would affect residential property.

15. The City opposes legislation to create new financial burdens or erode public safety through realignment implementation.

16. The City opposes legislation to limit the City’s ability to contract for municipal services.

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17. The City opposes legislation that seeks to impede the construction Portola Parkway and the construction of Foothill-South, the proposed extension of the 241 Toll Road south to the 1-5 near San Clemente.

18. The City Council opposes efforts by the State Legislature to assess taxes on public goods and services such as water and electricity.

19. The City opposes legislation that would lower the vote threshold as a method to impose new taxes or create new financing opportunities.

20. The City supports legislative efforts that reduce or delay the financial and compliance impacts of State-mandated organics recycling.

21. The City supports maximum flexibility with regard to expending grant funds that address economic recovery associated with COVID-19

22. The City will take into consideration the strategic goals adopted by the League of California Cities.

23. Staff is authorized to continue to advocate a position for a bill which has been amended into a new bill number as long as the language and intent remain substantially unchanged.

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1 ATTACHMENT 2
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1 RESOLUTION NO. 2022-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE FOREST, CALIFORNIA, TO OPPOSE INITIATIVE 21-
0042A1
WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

THEREFORE, BE IT RESOLVED that the City of Lake Forest, opposes Initiative 21-0042A1.

THEREFORE, BE IT FURTHER RESOLVED, that the City of Lake Forest will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

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1 We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].

PASSED, APPROVED, and ADOPTED this 17th day of May, 2022 by the following vote to wit:

___________________________________
ROBERT PEQUEÑO
MAYOR
ATTEST:
_____________________________________

LISA BERGLUND, MPA

CITY CLERK
APPROVED AS TO FORM:
_____________________________________

MATTHEW RICHARDSON

CITY ATTORNEY

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the forgoing Resolution No. 2022-___was duly passed and adopted at a regular meeting of the Lake Forest City Council on 17th day of May, 2022, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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1 _____________________

LISA BERGLUND, MPA

CITY CLERK
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ATTACHMENT 3
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BELL, McANDREWS & HILTACHK, LLP
Anabel Renteria
Initiative Coordinator
ATTORNEYS AND COUNSEL-ORS AT I.AW
455 C APIT O L MALL , S UITE 600
SACRAMENT O, CALIFOE=INIA 95014
(916) 44;a-7757
FA X [916) 44-;a-7 7 59
www.bmhlaw. com
January 4, 2022
2 1 - 0 0 4 2

RECEIVED
JAN O 4 2022
Office of the Attorney General
State of California

INITIATIVE COORDINATOR

ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed .

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
~~
Thomas W. Hiltachk
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2 1 - 0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.

Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability , have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.

Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot- 1 Item: 15
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either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect , and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy , healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative two­ thirds vote and voter approval requirements for government revenue increases created by the courts includin g, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.

Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.

Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:

Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature , and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.

If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
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(CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.

Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3 Item: 15
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that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.

Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:

Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
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.lfl..W
11 General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute . (f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.

W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.

Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5 Item: 15
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(7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.

The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.

Section 6. Section 2 of Article XIII C of the California Constitution is amended to read :

Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.

The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6 Item: 15
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as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.

Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:

Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7 Item: 15
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(b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.

Section 8. Sections 1 and 14 of Article XIII are amended to read:

Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.

Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties.

Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.

B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordabili ty and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.

C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 Item: 15
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declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.

D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
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ATTACHMENT 4
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ATTACHMENT 4

EXHIBIT A
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AMENDED IN ASSEMBLY APRIL 18, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 1944
Introduced by Assembly Members Lee and Cristina Garcia
(Coauthors: Senators Becker, Cortese, and Stern)
February 10, 2022
An act to amend amend, repeal, and add Section 54953 of the Government Code, relating to public meetings.
legislative counsel’s digest
AB 1944, as amended, Lee. Local government: open and public meetings.

Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined.

Revised 5-4-22—See last page. 98
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Existing law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect, or in other situations related to public health.

This bill would specify that if a member of a le gislative body elects to teleconference from a location that is not public, the address does not need to be identified in the notice and agenda or be accessible to the public when the le gislative body has elected to allo w members to participate via teleconferencing.

This bill would require the agenda to identify any member of the legislative body that will participate in the meeting remotely. The bill would also require an updated agenda reflecting all of the members participating in the meeting remotely to be posted, if a member of the legislative body elects to participate in the meeting remotely after the agenda is posted.

This bill would authorize, under specified circumstances and upon a determination by a majority vote of the legislative body, a member to be exempt from identifying the address of the member’s teleconference location in the notice and agenda or having the location be accessible to the public, if the member elects to teleconference from a location that is not a public place.

This bill would require all open and public meetings of a legislative body that elects to use teleconferencing to provide a video stream accessible to members of the public and an option for members of the public to address the body remotely during the public comment period through an audio-visual or call-in option.

This bill would repeal these provisions on January 1, 2030.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. 98 —
2 — AB 1944
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This bill would make legislative findings to that effect.

Vote: majority. Appropriation: no. Fiscal committee: yes no.​ State-mandated local program: no.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 54953 of the Government Code , as line 2 amended by Section 3 of Chapter 165 of the Statutes of 2021, is line 3 amended to read:
line 4 54953. (a)  All meetings of the le gislative body of a local line 5 agency shall be open and public, and all persons shall be permitted line 6 to attend an y meeting of the le gislative body of a local agenc y, line 7 except as otherwise provided in this chapter.
line 8 (b)  (1)  Notwithstanding an y other pro vision of la w, the line 9 legislative body of a local agenc y may use teleconferencing for line 10 the benefit of the public and the legislative body of a local agency line 11 in connection with any meeting or proceeding authorized by law. line 12 The teleconferenced meeting or proceeding shall comply with all line 13 otherwise applicable requirements of this chapter and all otherwise line 14 applicable provisions of law relating to a specific type of meeting line 15 or proceeding.
line 16 (2)  Teleconferencing, as authorized by this section, may be used line 17 for all purposes in connection with any meeting within the subject line 18 matter jurisdiction of the legislative body. All votes taken during line 19 a teleconferenced meeting shall be by rollcall. line 20 (3)  (A)  If the le gislative body of a local agenc y elects to use line 21 teleconferencing, it shall post agendas at all teleconference line 22 locations and conduct teleconference meetings in a manner that line 23 protects the statutory and constitutional rights of the parties or the line 24 public appearing before the le gislative body of a local agenc y. line 25 Each
line 26 (B)  Each teleconference location shall be identified in the notice line 27 and agenda of the meeting or proceeding, and each teleconference line 28 location shall be accessible to the public, e xcept as pro vided in line 29 subparagraph (A). During (E).
line 30 (C)  The a genda shall identify any member of the le gislative line 31 body that will participate in the meeting remotely. If a member of line 32 the legislative body elects to participate in the meeting r emotely line 33 after the agenda is posted, an updated agenda shall be posted. In line 34 the time between the start of the meeting and 72 hour s before a 98 AB 1944 — 3 —

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line 1 regular meeting, in accordance with Section 54954.2, and 24 hours line 2 before a special meeting, in accordance with Section 54956, a line 3 legislative body shall only update the agenda to reflect the members line 4 participating in the meeting remotely.
line 5 (D) During the teleconference, at least a quorum of the members line 6 of the legislative body shall participate from locations within the line 7 boundaries of the territory over which the local agency exercises line 8 jurisdiction, except as provided in subdivisions (d) and (e). The line 9 agenda shall provide an opportunity for members of the public to line 10 address the legislative body directly pursuant to Section 54954.3 line 11 at each teleconference location, except as provided in subparagraph line 12 (A). (E).
line 13 (A)
line 14 (E) If a member of a legislative body elects to teleconference line 15 from a location that is not public, a public place, the legislative line 16 body shall be exempt from identifying the address does not need line 17 to be identified of the location in the notice and agenda or and line 18 from having the location be accessible to the public when the line 19 le gislative body has elected to allo w members to participate via line 20 teleconferencing. in both of the following circumstances:
line 21 (i) The legislative body holds its first teleconferenced meeting line 22 after passage of the act that added this subparagraph, for the line 23 purpose of determining, by a majority vote, whether members will line 24 not be required to identify the address of any private location from line 25 which the member elects to teleconference. This determination line 26 remains applicable to the legislative body until such time as the line 27 legislative body votes otherwise.
line 28 (ii) The legislative body holds a meeting and has previously line 29 determined, by majority vote, that members will not be required line 30 to identify the address of any private location from which the line 31 member elects to teleconference.
line 32 (B)
line 33 (F) If a legislative body elects to use teleconferencing, the y line 34 teleconferencing as authorized by this section, it shall provide both line 35 of the following:
line 36 (i) A video stream accessible to members of the public. line 37 (ii) An option for members of the public to address the body line 38 remotely during the public comment period through an audio-visual line 39 or call-in option.
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line 1 (4) For the purposes of this section, “teleconference” means a line 2 meeting of a legislative body, the members of which are in different line 3 locations, connected by electronic means, through either audio or line 4 video, or both. Nothing in this section shall prohibit a local agency line 5 from providing the public with additional teleconference locations. line 6 (5) For the purposes of this section, “video streaming” stream” line 7 means media a medium in which the data from a live filming or a line 8 video file is continuously delivered via the internet to a remote line 9 user, allowing a video to be viewed online by the public without line 10 being downloaded on a host computer or device.
line 11 (c) (1)  No legislative body shall take action by secret ballot, line 12 whether preliminary or final.
line 13 (2) The legislative body of a local agency shall publicly report line 14 any action taken and the vote or abstention on that action of each line 15 member present for the action.
line 16 (3) Prior to taking final action, the legislative body shall orally line 17 report a summary of a recommendation for a final action on the line 18 salaries, salary schedules, or compensation paid in the form of line 19 fringe benefits of a local agency executive, as defined in line 20 subdivision (d) of Section 3511.1, during the open meeting in line 21 which the final action is to be taken. This paragraph shall not affect line 22 the public’s right under the California Public Records Act (Chapter line 23 3.5 (Division 10 (commencing with Section 6250) of Division 7 line 24 7920.000) of Title 1) to inspect or copy records created or received line 25 in the process of developing the recommendation. line 26 (d) (1)  Notwithstanding the provisions relating to a quorum in line 27 paragraph (3) of subdivision (b), if a health authority conducts a line 28 teleconference meeting, members who are outside the jurisdiction line 29 of the authority may be counted toward the establishment of a line 30 quorum when participating in the teleconference if at least 50 line 31 percent of the number of members that would establish a quorum line 32 are present within the boundaries of the territory over which the line 33 authority exercises jurisdiction, and the health authority provides line 34 a teleconference number, and associated access codes, if any, that line 35 allows any person to call in to participate in the meeting and the line 36 number and access codes are identified in the notice and agenda line 37 of the meeting.
line 38 (2) Nothing in this subdivision shall be construed as line 39 discouraging health authority members from regularly meeting at line 40 a common physical site within the jurisdiction of the authority or 98 AB 1944 — 5 —
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line 1 from using teleconference locations within or near the jurisdiction line 2 of the authority. A teleconference meeting for which a quorum is line 3 established pursuant to this subdivision shall be subject to all other line 4 requirements of this section.
line 5 (3)  For purposes of this subdi vision, a health authority means line 6 any entity created pursuant to Sections 14018.7, 14087.31, line 7 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare line 8 and Institutions Code, any joint powers authority created pursuant line 9 to Article 1 (commencing with Section 6500) of Chapter 5 of line 10 Division 7 for the purpose of contracting pursuant to Section line 11 14087.3 of the Welfare and Institutions Code, and an y advisory line 12 committee to a county-sponsored health plan licensed pursuant to line 13 Chapter 2.2 (commencing with Section 1340) of Division 2 of the line 14 Health and Safety Code if the advisory committee has 12 or more line 15 members.
line 16 (e)  (1)  A local agenc y may use teleconferencing without line 17 complying with the requirements of paragraph (3) of subdivision line 18 (b) if the le gislative body complies with the requirements of line 19 paragraph (2) of this subdi vision in an y of the follo wing line 20 circumstances:
line 21 (A)  The legislative body holds a meeting during a proclaimed line 22 state of emer gency, and state or local officials ha ve imposed or line 23 recommended measures to promote social distancing. line 24 (B)  The legislative body holds a meeting during a proclaimed line 25 state of emer gency for the purpose of determining, by majority line 26 vote, whether whether, as a result of the emer gency, meeting in line 27 person would present imminent risks to the health or safety of line 28 attendees.
line 29 (C)  The legislative body holds a meeting during a proclaimed line 30 state of emergency and has determined, by majority vote, pursuant line 31 to subparagraph (B), that, as a result of the emer gency, meeting line 32 in person would present imminent risks to the health or safety of line 33 attendees.
line 34 (2)  A le gislative body that holds a meeting pursuant to this line 35 subdivision shall do all of the following:
line 36 (A)  The legislative body shall gi ve notice of the meeting and line 37 post agendas as otherwise required by this chapter. line 38 (B)  The legislative body shall allow members of the public to line 39 access the meeting and the agenda shall pro vide an opportunity line 40 for members of the public to address the legislative body directly 98 — 6 — AB 1944

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line 1 pursuant to Section 54954.3. In each instance in which notice of line 2 the time of the teleconferenced meeting is otherwise given or the line 3 agenda for the meeting is otherwise posted, the legislative body line 4 shall also give notice of the means by which members of the public line 5 may access the meeting and offer public comment. The agenda line 6 shall identify and include an opportunity for all persons to attend line 7 via a call-in option or an internet-based service option. This line 8 subparagraph shall not be construed to require the legislative body line 9 to provide a physical location from which the public may attend line 10 or comment.
line 11 (C) The legislative body shall conduct teleconference meetings line 12 in a manner that protects the statutory and constitutional rights of line 13 the parties and the public appearing before the legislative body of line 14 a local agency.
line 15 (D) In the event of a disruption which prevents the public agency line 16 from broadcasting the meeting to members of the public using the line 17 call-in option or internet-based service option, or in the event of line 18 a disruption within the local agency’s control which prevents line 19 members of the public from offering public comments using the line 20 call-in option or internet-based service option, the body shall take line 21 no further action on items appearing on the meeting agenda until line 22 public access to the meeting via the call-in option or internet-based line 23 service option is restored. Actions taken on agenda items during line 24 a disruption which prevents the public agency from broadcasting line 25 the meeting may be challenged pursuant to Section 54960.1. line 26 (E) The legislative body shall not require public comments to line 27 be submitted in advance of the meeting and must provide an line 28 opportunity for the public to address the legislative body and offer line 29 comment in real time. This subparagraph shall not be construed line 30 to require the legislative body to provide a physical location from line 31 which the public may attend or comment.
line 32 (F) Notwithstanding Section 54953.3, an individual desiring to line 33 provide public comment through the use of an internet website, or line 34 other online platform, not under the control of the local legislative line 35 body, that requires registration to log in to a teleconference may line 36 be required to register as required by the third-party internet line 37 website or online platform to participate.
line 38 (G) (i)  A legislative body that provides a timed public comment line 39 period for each agenda item shall not close the public comment line 40 period for the agenda item, or the opportunity to register, pursuant 98 AB 1944 — 7 —
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line 1 to subparagraph (F), to provide public comment until that timed line 2 public comment period has elapsed.
line 3 (ii) A legislative body that does not provide a timed public line 4 comment period, but takes public comment separately on each line 5 agenda item, shall allow a reasonable amount of time per agenda line 6 item to allow public members the opportunity to provide public line 7 comment, including time for members of the public to register line 8 pursuant to subparagraph (F), or otherwise be recognized for the line 9 purpose of providing public comment.
line 10 (iii) A legislative body that provides a timed general public line 11 comment period that does not correspond to a specific agenda item line 12 shall not close the public comment period or the opportunity to line 13 register, pursuant to subparagraph (F), until the timed general line 14 public comment period has elapsed.
line 15 (3) If a state of emergency remains active, or state or local line 16 officials have imposed or recommended measures to promote line 17 social distancing, in order to continue to teleconference without line 18 compliance with paragraph (3) of subdivision (b), the legislative line 19 body shall, not later than 30 days after teleconferencing for the line 20 first time pursuant to subparagraph (A), (B), or (C) of paragraph line 21 (1), and every 30 days thereafter, make the following findings by line 22 majority vote:
line 23 (A) The legislative body has reconsidered the circumstances of line 24 the state of emergency.
line 25 (B) Any of the following circumstances exist:
line 26 (i) The state of emergency continues to directly impact the line 27 ability of the members to meet safely in person. line 28 (ii) State or local officials continue to impose or recommend line 29 measures to promote social distancing.
line 30 (4) For the purposes of this subdivision, “state of emergency” line 31 means a state of emergency proclaimed pursuant to Section 8625 line 32 of the California Emergency Services Act (Article 1 (commencing line 33 with Section 8550) of Chapter 7 of Division 1 of Title 2). line 34 (f) This section shall remain in effect only until January 1, 2024, line 35 and as of that date is repealed.
line 36 SEC. 2. Section 54953 of the Government Code, as added by line 37 Section 4 of Chapter 165 of the Statutes of 2021, is amended to line 38 read:
line 39 54953. (a)  All meetings of the legislative body of a local line 40 agency shall be open and public, and all persons shall be permitted 98 — 8 — AB 1944
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line 1 to attend any meeting of the legislative body of a local agency, line 2 except as otherwise provided in this chapter.
line 3 (b) (1)  Notwithstanding any other pro vision of law, the line 4 legislative body of a local agency may use teleconferencing for line 5 the benefit of the public and the legislative body of a local agency line 6 in connection with any meeting or proceeding authorized by law. line 7 The teleconferenced meeting or proceeding shall comply with all line 8 requirements of this chapter and all otherwise applicable provisions line 9 of law relating to a specific type of meeting or proceeding. line 10 (2) Teleconferencing, as authorized by this section, may be used line 11 for all purposes in connection with any meeting within the subject line 12 matter jurisdiction of the legislative body. All votes taken during line 13 a teleconferenced meeting shall be by rollcall. line 14 (3) (A)  If the legislative body of a local agency elects to use line 15 teleconferencing, it shall post agendas at all teleconference line 16 locations and conduct teleconference meetings in a manner that line 17 protects the statutory and constitutional rights of the parties or the line 18 public appearing before the legislative body of a local agency. line 19 Each
line 20 (B) Each teleconference location shall be identified in the notice line 21 and agenda of the meeting or proceeding, and each teleconference line 22 location shall be accessible to the public, except as provided in line 23 subparagraph (A). During (E).
line 24 (C) The agenda shall identify any member of the legislative line 25 body that will participate in the meeting remotely. If a member of line 26 the legislative body elects to participate in the meeting remotely line 27 after the agenda is posted, an updated agenda shall be posted. In line 28 the time between the start of the meeting and 72 hours before a line 29 regular meeting, in accordance with Section 54954.2, and 24 hours line 30 before a special meeting, in accordance with Section 54956, a line 31 legislative body shall only update the agenda to reflect the members line 32 participating in the meeting remotely.
line 33 (D) During the teleconference, at least a quorum of the members line 34 of the legislative body shall participate from locations within the line 35 boundaries of the territory over which the local agency exercises line 36 jurisdiction, except as provided in subdivision (d). The agenda line 37 shall provide an opportunity for members of the public to address line 38 the legislative body directly pursuant to Section 54954.3 at each line 39 teleconference location, except as provided in subparagraph (A). line 40 (E).
98 AB 1944 — 9 —
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line 1 (A)
line 2 (E) If a member of a legislative body elects to teleconference line 3 from a location that is not public, a public place, the legislative line 4 body shall be exempt from identifying the address does not need line 5 to be identified of the location in the notice and agenda, or agenda line 6 and from having the location be accessible to the public when the line 7 le gislative body has elected to allo w members to participate via line 8 teleconferencing. in both of the following circumstances:
line 9 (i) The legislative body holds its first teleconferenced meeting line 10 after passage of the act that added this subparagraph, for the line 11 purpose of determining, by a majority vote, whether members will line 12 not be required to identify the address of any private location from line 13 which the member elects to teleconference. This determination line 14 remains applicable to the legislative body until such time as the line 15 legislative body votes otherwise.
line 16 (ii) The legislative body holds a meeting and has previously line 17 determined, by majority vote, that members will not be required line 18 to identify the address of any private location from which the line 19 member elects to teleconference.
line 20 (B)
line 21 (F) If a legislative body elects to use teleconferencing, the y line 22 teleconferencing as authorized by this section, it shall provide both line 23 of the following:
line 24 (i) A video stream accessible to members of the public. line 25 (ii) An option for members of the public to address the body line 26 remotely during the public comment period through an audio-visual line 27 or call-in option.
line 28 (4) For the purposes of this section, “teleconference” means a line 29 meeting of a legislative body, the members of which are in different line 30 locations, connected by electronic means, through either audio or line 31 video, or both. Nothing in this section shall prohibit a local agency line 32 from providing the public with additional teleconference locations line 33 locations.
line 34 (5) For the purposes of this section, “video streaming” stream” line 35 means media a medium in which the data from a live filming or a line 36 video file is continuously delivered via the internet to a remote line 37 user, allowing a video to be viewed online by the public without line 38 being downloaded on a host computer or device.
line 39 (c) (1)  No legislative body shall take action by secret ballot, line 40 whether preliminary or final.
98 — 10 — AB 1944
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line 1 (2) The legislative body of a local agency shall publicly report line 2 any action taken and the vote or abstention on that action of each line 3 member present for the action.
line 4 (3) Prior to taking final action, the legislative body shall orally line 5 report a summary of a recommendation for a final action on the line 6 salaries, salary schedules, or compensation paid in the form of line 7 fringe benefits of a local agency executive, as defined in line 8 subdivision (d) of Section 3511.1, during the open meeting in line 9 which the final action is to be taken. This paragraph shall not affect line 10 the public’s right under the California Public Records Act (Chapter line 11 3.5 (Division 10 (commencing with Section 6250) of Division 7 line 12 7920.000) of Title 1) to inspect or copy records created or received line 13 in the process of developing the recommendation. line 14 (d) (1)  Notwithstanding the provisions relating to a quorum in line 15 paragraph (3) of subdivision (b), if a health authority conducts a line 16 teleconference meeting, members who are outside the jurisdiction line 17 of the authority may be counted toward the establishment of a line 18 quorum when participating in the teleconference if at least 50 line 19 percent of the number of members that would establish a quorum line 20 are present within the boundaries of the territory over which the line 21 authority exercises jurisdiction, and the health authority provides line 22 a teleconference number, and associated access codes, if any, that line 23 allows any person to call in to participate in the meeting and the line 24 number and access codes are identified in the notice and agenda line 25 of the meeting.
line 26 (2) Nothing in this subdivision shall be construed as line 27 discouraging health authority members from regularly meeting at line 28 a common physical site within the jurisdiction of the authority or line 29 from using teleconference locations within or near the jurisdiction line 30 of the authority. A teleconference meeting for which a quorum is line 31 established pursuant to this subdivision shall be subject to all other line 32 requirements of this section.
line 33 (3) For purposes of this subdivision, a health authority means line 34 any entity created pursuant to Sections 14018.7, 14087.31, line 35 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare line 36 and Institutions Code, any joint powers authority created pursuant line 37 to Article 1 (commencing with Section 6500) of Chapter 5 of line 38 Division 7 for the purpose of contracting pursuant to Section line 39 14087.3 of the Welfare and Institutions Code, and any advisory line 40 committee to a county-sponsored health plan licensed pursuant to 98 AB 1944 — 11 —
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line 1 Chapter 2.2 (commencing with Section 1340) of Division 2 of the line 2 Health and Safety Code if the advisory committee has 12 or more line 3 members.
line 4 (e) This section shall become operative January 1, 2024. line 5 (f) This section shall remain in effect only until January 1, 2030, line 6 and as of that date is repealed.
line 7 SEC. 3. Section 54953 is added to the Government Code, to line 8 read:
line 9 54953. (a)  All meetings of the legislative body of a local line 10 agency shall be open and public, and all persons shall be permitted line 11 to attend any meeting of the legislative body of a local agency, line 12 except as otherwise provided in this chapter.
line 13 (b) (1)  Notwithstanding any other provision of law, the line 14 legislative body of a local agency may use teleconferencing for line 15 the benefit of the public and the legislative body of a local agency line 16 in connection with any meeting or proceeding authorized by law. line 17 The teleconferenced meeting or proceeding shall comply with all line 18 requirements of this chapter and all otherwise applicable line 19 provisions of law relating to a specific type of meeting or line 20 proceeding.
line 21 (2) Teleconferencing, as authorized by this section, may be used line 22 for all purposes in connection with any meeting within the subject line 23 matter jurisdiction of the legislative body. All votes taken during line 24 a teleconferenced meeting shall be by rollcall. line 25 (3) If the legislative body of a local agency elects to use line 26 teleconferencing, it shall post agendas at all teleconference line 27 locations and conduct teleconference meetings in a manner that line 28 protects the statutory and constitutional rights of the parties or line 29 the public appearing before the legislative body of a local agency. line 30 Each teleconference location shall be identified in the notice and line 31 agenda of the meeting or proceeding, and each teleconference line 32 location shall be accessible to the public. During the line 33 teleconference, at least a quorum of the members of the legislative line 34 body shall participate from locations within the boundaries of the line 35 territory over which the local agency exercises jurisdiction, except line 36 as provided in subdivision (d). The agenda shall provide an line 37 opportunity for members of the public to address the legislative line 38 body directly pursuant to Section 54954.3 at each teleconference line 39 location.
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line 1 (4)  For the purposes of this section, “teleconference” means a line 2 meeting of a legislative body, the members of which are in different line 3 locations, connected by electronic means, through either audio or line 4 video, or both. Nothing in this section shall prohibit a local agency line 5 from providing the public with additional teleconference locations line 6 (c)  (1)  No legislative body shall tak e action by secr et ballot, line 7 whether preliminary or final.
line 8 (2)  The legislative body of a local agency shall publicly report line 9 any action taken and the vote or abstention on that action of each line 10 member present for the action.
line 11 (3)  Prior to taking final action, the legislative body shall orally line 12 report a summary of a r ecommendation for a final action on the line 13 salaries, salary sc hedules, or compensation paid in the form of line 14 fringe benefits of a local agency executive, as defined in subdivision line 15 (d) of Section 3511.1, during the open meeting in which the final line 16 action is to be taken. This paragraph shall not affect the public’s line 17 right under the California Public Recor ds Act (Division 10 line 18 (commencing with Section 7920.000) of Title 1) to inspect or copy line 19 records cr eated or r eceived in the pr ocess of de veloping the line 20 recommendation.
line 21 (d)  (1)  Notwithstanding the provisions relating to a quorum in line 22 paragraph (3) of subdivision (b), if a health authority conducts a line 23 teleconference meeting, members who are outside the jurisdiction line 24 of the authority may be counted towar d the establishment of a line 25 quorum when participating in the teleconfer ence if at least 50 line 26 percent of the number of members that would establish a quorum line 27 are present within the boundaries of the territory o ver which the line 28 authority exercises jurisdiction, and the health authority provides line 29 a teleconference number, and associated access codes, if any, that line 30 allows any person to call in to participate in the meeting and the line 31 number and access codes are identified in the notice and agenda line 32 of the meeting.
line 33 (2)  Nothing in this subdivision shall be construed as line 34 discouraging health authority members from regularly meeting at line 35 a common physical site within the jurisdiction of the authority or line 36 from using teleconference locations within or near the jurisdiction line 37 of the authority. A teleconference meeting for which a quorum is line 38 established pursuant to this subdivision shall be subject to all other line 39 requirements of this section.
98 AB 1944 — 13 —

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line 1 (3) For purposes of this subdivision, a health authority means line 2 any entity created pursuant to Sections 14018.7, 14087.31, line 3 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare line 4 and Institutions Code, any joint powers authority created pursuant line 5 to Article 1 (commencing with Section 6500) of Chapter 5 of line 6 Division 7 for the purpose of contracting pursuant to Section line 7 14087.3 of the Welfare and Institutions Code, and any advisory line 8 committee to a county-sponsored health plan licensed pursuant to line 9 Chapter 2.2 (commencing with Section 1340) of Division 2 of the line 10 Health and Safety Code if the advisory committee has 12 or more line 11 members.
line 12 (e) This section shall become operative January 1, 2030. line 13 SEC. 3.
line 14 SEC. 4. The Legislature finds and declares that Sections 1 and line 15 2 1, 2, and 3 of this act, which amends amend, repeal, and add line 16 Section 54953 of the Government Code, further, within the line 17 meaning of paragraph (7) of subdivision (b) of Section 3 of Article line 18 I of the California Constitution, the purposes of that constitutional line 19 section as it relates to the right of public access to the meetings of line 20 local public bodies or the writings of local public officials and line 21 local agencies. Pursuant to paragraph (7) of subdivision (b) of line 22 Section 3 of Article I of the California Constitution, the Legislature line 23 makes the following findings:
line 24 This act is necessary to ensure minimum standards for public line 25 participation allowing for greater public participation in line 26 teleconference meetings.
line 27 SEC. 4.
line 28 SEC. 5. (a)  The Legislature finds and declares that during the line 29 COVID-19 public health emergency, certain requirements of the line 30 Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) line 31 of Part 1 of Division 2 of Title 5 of the Government Code) and the line 32 Bagley-Keene Open Meeting Act (Article 9 (commencing with line 33 Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of line 34 the Government Code) were suspended by Executive Order No. line 35 N-29-20. Audio and video teleconference were widely used to line 36 conduct public meetings in lieu of physical location meetings, and line 37 public meetings conducted by teleconference during the COVID-19 line 38 public health emergency have been productive, have increased line 39 public participation by all members of the public regardless of line 40 their location in the state and ability to travel to physical meeting 98 — 14 — AB 1944
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line 1 locations, have protected the health and safety of civil servants line 2 and the public, and have reduced travel costs incurred by members line 3 of state bodies and reduced work hours spent traveling to and from line 4 meetings.
line 5 (b) The Legislature finds and declares that Sections 1 and 2 1, line 6 2, and 3 of this act, which amend amend, repeal, and add Section line 7 54953 of the Government Code, imposes impose a potential line 8 limitation on the public’s right of access to the meetings of public line 9 bodies or the writings of public officials and agencies within the line 10 meaning of Section 3 of Article I of the California Constitution. line 11 Pursuant to that constitutional provision, the Legislature makes line 12 the following findings to demonstrate the interest protected by this line 13 potential limitation and the need for protecting that interest:
line 14 By removing the requirement for each teleconference location line 15 to be identified in the notice and agenda, including the member’s line 16 private home address, and by providing exceptions to the line 17 requirements that each teleconference location must be accessible line 18 to the public and that members of the public be given the line 19 opportunity to address the legislative body directly at each line 20 teleconference location, this act protects the personal, private line 21 information and location of public officials and their families while line 22 preserving the public’s right to access information concerning the line 23 conduct of the people’s business.
line 24
line 25
REVISIONS: line 26
Heading—Line 2. line 27
line 28
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ATTACHMENT 4

EXHIBIT B
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460
AMENDED IN ASSEMBLY MARCH 29, 2022
AMENDED IN ASSEMBLY FEBRUARY 28, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 1953
Introduced by Assembly Member Maienschein
February 10, 2022
An act to add Section 116278 to the Health and Safety Code, relating to drinking water.
legislative counsel’s digest
AB 1953, as amended, Maienschein. Drinking water: accessible water bottle refill stations.

The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various responsibilities and duties relating to the regulation of drinking water to protect public health.

This bill would require, by January 1, 2025, the owner or operator of a transit hub, local park, public building, publicly owned building, shopping mall, or municipal golf course
that has a water infrastructure
source to install and maintain at least one, or maintain at least one existing, accessible water bottle refill station, as prescribed. prescribed and except as specified. The bill would also require those owners and operators that have a water bottle refill station that is not accessible to upgrade, by January 1, 2025, the water bottle refill station to an accessible water bottle refill station. By imposing additional requirements on local agencies that own or operate local parks, publicly owned buildings, or municipal golf courses, the bill would impose a state-mandated local program. If installation or maintenance of, or 97 Item: 15
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upgrade to, an accessible water bottle refill station is not feasible, the bill would authorize substitution of an accessible water cooler or accessible drinking fountain bubbler.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

V ote: majority.

Appropriation: no. Fiscal committee: yes.​
State-mandated local program: yes.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 116278 is added to the Health and Safety line 2 Code , to read:
line 3 116278. (a)  (1)  By January 1, 2025, the owner or operator of line 4 a transit hub, local park, public building, publicly owned building, line 5 shopping mall, or golf course that has a water infrastructure source line 6 shall install and maintain at least one, or maintain at least one line 7 existing, accessible water bottle refill station at the transit hub, line 8 local park, public building, publicly owned building, shopping line 9 mall, or golf course.
line 10 (2) For an office building owned by the state, the building shall line 11 have at least one accessible water bottle refill station per 500 line 12 occupants authorized under the building’s maximum occupancy. line 13 (3) For a shopping mall, an accessible water bottle refill station line 14 shall be located in the public area of the mall and not within an line 15 individual retail space.
line 16 (b) If installation or maintenance of an accessible water bottle line 17 refill station under subdivision (a) is not feasible, an accessible line 18 water cooler or accessible drinking fountain bubbler may be line 19 substituted.
line 20 (c) (1)  The owner or operator of a transit hub, local park, public line 21 building, publicly owned building, shopping mall, or golf course line 22 that has a water bottle refill station at the transit hub, local park, line 23 public building, publicly owned building, shopping mall, or golf line 24 course that is not accessible shall, by January 1, 2025, upgrade the line 25 water bottle refill station to an accessible water bottle refill station. 97 — 2 — AB 1953
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line 1 (2) If upgrade to an accessible water bottle refill station under line 2 paragraph (1) is not feasible, an accessible water cooler or line 3 accessible drinking fountain bubbler may be substituted. line 4 (d) (1)  An accessible water bottle refill station shall consist of line 5 a bottle filler that dispenses water downward.
line 6 (2) An accessible water bottle refill station shall comply with line 7 Section 116875.
line 8 (e) For purposes of this section, the following definitions apply:
line 9 (1) “Accessible” means compliance with both of the following:
line 10 (A) Applicable standards under the federal Americans with line 11 Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). line 12 (B) Accessibility requirements applicable to drinking fountains line 13 under the California Building Standards Code.
line 14 (2) “Golf course” means a municipal golf course owned or line 15 operated by a local agency.
line 16 (3) “Local park” means a park owned or operated by a local line 17 agency.
line 18 (4) “Public building” means a publicly or privately owned line 19 building to which the public has access, excluding all of the line 20 following:
line 21 (A) Residential buildings.
line 22 (B) Restaurants.
line 23 (C) Retail stores.
line 24 (D) Schools.
line 25 (5) “Publicly owned building” means a publicly owned building, line 26 regardless of whether the public has access to the building, line 27 excluding schools.
line 28 (5)
line 29 (6) “Shopping mall” means an indoor or outdoor shopping mall line 30 that houses different retail spaces.
line 31 (6)
line 32 (7) “Transit hub” includes, but is not limited to, train stations line 33 and bus stations.
line 34 SEC. 2. If the Commission on State Mandates determines that line 35 this act contains costs mandated by the state, reimbursement to line 36 local agencies and school districts for those costs shall be made line 37 pursuant to Part 7 (commencing with Section 17500) of Division line 38 4 of Title 2 of the Government Code.

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ATTACHMENT 4

EXHIBIT C
Item: 15
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california legislature—2021–22 regular session
ASSEMBLY BILL No. 1985
Introduced by Assembly Member Robert Rivas
February 10, 2022
An act to add Section 42656 to the Public Resources Code, relating to organic waste.
legislative counsel’s digest
AB 1985, as introduced, Robert Rivas. Organic waste: list: available products.

Existing law requires, no later than January 1, 2018, the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy to achieve a reduction in statewide emissions of methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030. Existing law requires the methane emissions reduction goals to include a 50% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75% reduction by 2025. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations to achieve these organic waste reduction goals, including a requirement intended to meet the goal that not less than 20% of edible food that is currently disposed of be recovered for human consumption by 2025.

This bill would require the department to compile and maintain on its internet website a list, organized by ZIP Code, of information regarding persons or entities that produce and have available in the state organic waste products and update the list at least every 6 months. The bill would require that a person or entity seeking to be on the list send a written request to the department that includes certain information, 99 Item: 15
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including a description of the available organic waste products. The bill would also require the department to verify the accuracy of the information provided prior to posting the information on its internet website.

V ote: majority.

Appropriation: no. Fiscal committee: yes.​
State-mandated local program: no.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 42656 is added to the Public Resources line 2 Code , to read:
line 3 42656. (a)  The department shall compile and maintain on its line 4 internet website, and update at least every six months, a list of line 5 persons or entities that produce and have available in the state line 6 organic waste products.
line 7 (b) A person or entity seeking to be included on the list compiled line 8 by the department pursuant to subdivision (a) shall send to the line 9 department a written request that includes all of the following line 10 information:
line 11 (1) The name and contact information for the person or entity line 12 seeking to be included on the list.
line 13 (2) The location of the facility at which the organic waste line 14 products are available.
line 15 (3) A description of the type of facility that generated or line 16 generates the organic waste products.
line 17 (4) A description of the available organic waste products. line 18 (c) In compiling the list pursuant to subdivision (a), the line 19 department shall do all of the following:
line 20 (1) Verify the accuracy of the information provided by a person line 21 or entity requesting to be included on the list pursuant to line 22 subdivision (b) prior to including that person or entity on the list. line 23 (2) Post on its internet website, once verified, the information line 24 provided by a person or entity requesting to be included on the list line 25 pursuant to subdivision (b).
line 26 (3) Ensure that the list compiled pursuant to subdivision (a) is line 27 organized by ZIP Code to allow local governments to quickly line 28 search for organic waste products available in the state.

O
99 — 2 — AB 1985
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ATTACHMENT 4

EXHIBIT D
Item: 15
467
AMENDED IN SENATE APRIL 18, 2022
AMENDED IN SENATE MARCH 14, 2022
SENATE BILL No. 897
Introduced by Senator Wieckowski
February 1, 2022
An act to amend Section 65852.22 of, to add Section 65852.23 to, and to repeal and amend Section 65852.2 of, the Government Code, and to amend Section 17980.12 of, and to add Chapter 6.9 (commencing with Section 50678) to Part 2 of Division 31 of the Health and Safety Code, relating to land use.
legislative counsel’s digest
SB 897, as amended, Wieckowski. Accessory dwelling units: junior accessory dwelling units.
(1)
Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit.

This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified.

This bill would require a local agency to review and issue a demolition permit for a detached garage that is to be replaced by an accessory dwelling unit at the same time as it reviews and issues the permit for 97 Item: 15
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the accessory dwelling unit. The bill would prohibit an applicant from being required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced by an accessory dwelling unit, as specified.

Existing law provides that an accessory dwelling unit may either be an attached or detached residential dwelling unit, and prescribes the minimum and maximum unit size requirements, height limitations, and setback requirements that a local agency may establish, including a 16-
foot height limitation and a 4-foot side and rear setback requirement.

This bill would increase the maximum height limitation that may be imposed by a local agency on an accessory dwelling unit to 25 feet. feet if the accessory dwelling unit is within 1⁄2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is attached to a primary dwelling, as specified.

Existing law requires an ordinance that provides for the creation of an accessory dwelling unit to require accessory dwelling units to comply with local building code requirements that apply to detached dwellings, as appropriate. Existing law also prohibits an ordinance from requiring an accessory dwelling unit to provide fire sprinklers if they are not required for the primary residence.

This bill would provide that the construction of an accessory dwelling unit does not constitute
an a Group R occupancy change under the local
building code. code, as specified. The bill would also prohibit the construction of an accessory dwelling unit from triggering a requirement that fire sprinklers be installed in the proposed or existing primary dwelling.

Existing law provides that a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation of 16 feet and a 4-foot side and rear setback requirement.

This bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 25
feet. feet if the
accessory dwelling unit is within 1⁄2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is attached to a primary dwelling, as specified.

The bill, if the existing multifamily dwelling exceeds a height of 25 feet applicable height requirements or has a rear or side setback 97 — 2 — SB 897
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of less than 4 feet, would prohibit a local agency from requiring any modification to the existing multifamily dwelling to satisfy these requirements. The bill would prohibit a local agency from rejecting an application for an accessory dwelling unit because the existing multifamily dwelling exceeds
a height of 25 feet applicable height
requirements or has a rear or side setback of less than 4 feet.

Existing law, until January 1, 2025, prohibits a local agency from imposing an owner-occupant requirement on a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling.

This bill would delete the expiration date of this provision.

Existing law prohibits a local agency from imposing parking standards on certain accessory dwelling units, including those that are located within 1⁄2-mile walking distance of public transit.

This bill would require a local agency, when a permit application for an accessory dwelling unit is submitted with a permit application to create new multifamily dwelling units, to reduce the number of required parking spaces for the multifamily dwelling by 2 parking spaces for each accessory dwelling unit located on the lot.
(2)
Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires an ordinance that provides for the creation of a junior accessory dwelling unit to, among other things, (A) require that the unit be constructed within the walls of the proposed or existing single-family residence, (B) require that the unit include a separate entrance from the main entrance to the proposed or existing single-family residence, and (C) require owner-occupancy in the single-family residence in which the junior accessory dwelling unit is permitted.

This bill would specify that enclosed uses within the proposed or existing single-family residence, such as attached garages, are considered a part of the proposed or existing single-family residence. The bill would require a junior accessory dwelling unit that does not include separate sanitation facilities to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. The bill would delete the requirement that the ordinance include an owner-occupancy requirement in the single-family residence. (3)
Existing law requires a local agency, in enforcing building standards applicable to accessory dwelling units, to delay enforcement 97 SB 897 — 3 —
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for up to 5 years upon the owner submitting an application requesting the delay on the basis that correcting the violation is not necessary to protect health and safety.

This bill would extend that delay in enforcement to the building standards applicable to the primary dwelling of the accessory dwelling unit, provided that correcting the violation is not necessary to protect health and safety.

This bill would prohibit a local agency from denying a permit for a
constructed, but unpermitted, an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because, among other things, the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the
structure structure.

This bill would specify that this prohibition does not apply to a building that is deemed substandard under specified provisions of law. (4) Existing law requires the Department of Housing and Community Development to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities.

This bill, upon appropriation by the Legislature, would require the department to establish and administer a grant program for the purpose of funding the construction and maintenance of accessory dwelling units and junior accessory dwelling units. The bill would create the California Accessory Dwelling Unit Fund and, upon appropriation by the Legislature, require the department to distribute moneys in the fund to eligible recipients.
(5)
By imposing new duties on local governments with respect to the approval of accessory dwelling units and junior accessory dwelling units, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

V ote: majority.

Appropriation: no. Fiscal committee: yes.​
State-mandated local program: yes.​
97 — 4 — SB 897
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The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65852.2 of the Government Code, as line 2 amended by Section 1 of Chapter 343 of the Statutes of 2021, is line 3 amended to read:
line 4 65852.2. (a)  (1)  A local agency may, by ordinance, provide line 5 for the creation of accessory dwelling units in areas zoned to allow line 6 single-family or multifamily dwelling residential use. The line 7 ordinance shall do all of the following:
line 8 (A) Designate areas within the jurisdiction of the local agency line 9 where accessory dwelling units may be permitted. The designation line 10 of areas may be based on the adequacy of water and sewer services line 11 and the impact of accessory dwelling units on traffic flow and line 12 public safety. A local agency that does not provide water or sewer line 13 services shall consult with the local water or sewer service provider line 14 regarding the adequacy of water and sewer services before line 15 designating an area where accessory dwelling units may be line 16 permitted.
line 17 (B) (i)  Impose objective standards on accessory dwelling units line 18 that include, but are not limited to, parking, height, setback, line 19 landscape, architectural review, maximum size of a unit, and line 20 standards that prevent adverse impacts on any real property that line 21 is listed in the California Register of Historical Resources. These line 22 standards shall not include requirements on minimum lot size. line 23 (ii) Notwithstanding clause (i), a local agency may reduce or line 24 eliminate parking requirements for any accessory dwelling unit line 25 located within its jurisdiction.
line 26 (C) Provide that accessory dwelling units do not exceed the line 27 allowable density for the lot upon which the accessory dwelling line 28 unit is located, and that accessory dwelling units are a residential line 29 use that is consistent with the existing general plan and zoning line 30 designation for the lot.
line 31 (D) Require the accessory dwelling units to comply with all of line 32 the following:
line 33 (i) Except as provided in Section 65852.26, the accessory line 34 dwelling unit may be rented separate from the primary residence, line 35 but may not be sold or otherwise conveyed separate from the line 36 primary residence.
97 SB 897 — 5 —
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line 1 (ii) The lot is zoned to allow single-family or multifamily line 2 dwelling residential use and includes a proposed or existing line 3 dwelling.
line 4 (iii) The accessory dwelling unit is either attached to, or located line 5 within, the proposed or existing primary dwelling, including line 6 attached garages, storage areas or similar uses, or an accessory line 7 structure or detached from the proposed or existing primary line 8 dwelling and located on the same lot as the proposed or existing line 9 primary dwelling.
line 10 (iv) If there is an existing primary dwelling, the total floor area line 11 of an attached accessory dwelling unit shall not exceed 50 percent line 12 of the existing primary dwelling.
line 13 (v) The total floor area for a detached accessory dwelling unit line 14 shall not exceed 1,200 square feet.
line 15 (vi) No passageway shall be required in conjunction with the line 16 construction of an accessory dwelling unit.
line 17 (vii) No setback shall be required for an existing living area or line 18 accessory structure or a structure constructed in the same location line 19 and to the same dimensions as an existing structure that is line 20 converted to an accessory dwelling unit or to a portion of an line 21 accessory dwelling unit, and a setback of no more than four feet line 22 from the side and rear lot lines shall be required for an accessory line 23 dwelling unit that is not converted from an existing structure or a line 24 new structure constructed in the same location and to the same line 25 dimensions as an existing structure.
line 26 (viii) Local building code requirements that apply to detached line 27 dwellings, except that the construction of an accessory dwelling line 28 unit shall not constitute an a Group R occupancy change under line 29 the local building code. code, as described in Section 310 of the line 30 California Building Code (Title 24 of the California Code of line 31 Regulations).
line 32 (ix) Approval by the local health officer where a private sewage line 33 disposal system is being used, if required.
line 34 (x) (I)  Parking requirements for accessory dwelling units shall line 35 not exceed one parking space per accessory dwelling unit or per line 36 bedroom, whichever is less. These spaces may be provided as line 37 tandem parking on a driveway.
line 38 (II) Offstreet parking shall be permitted in setback areas in line 39 locations determined by the local agency or through tandem line 40 parking, unless specific findings are made that parking in setback 97 — 6 — SB 897
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line 1 areas or tandem parking is not feasible based upon specific site or line 2 regional topographical or fire and life safety conditions. line 3 (III)  This clause shall not apply to an accessory dwelling unit line 4 that is described in subdivision (d).
line 5 (xi)  When a g arage, carport, or co vered parking structure is line 6 demolished in conjunction with the construction of an accessory line 7 dwelling unit or converted to an accessory dwelling unit, the local line 8 agency shall not require that those of fstreet parking spaces be line 9 replaced.
line 10 (xii)  Accessory dwelling units shall not be required to provide line 11 fire sprinklers if they are not required for the primary residence. line 12 The construction of an accessory dwelling unit shall not trigger a line 13 requirement for fire sprinklers to be installed in the proposed or line 14 existing primary dwelling.
line 15 (2)  The ordinance shall not be considered in the application of line 16 any local ordinance, policy, or program to limit residential growth. line 17 (3)  A permit application for an accessory dwelling unit or a line 18 junior accessory dwelling unit shall be considered and appro ved line 19 ministerially without discretionary re view or a hearing, line 20 notwithstanding Section 65901 or 65906 or an y local ordinance line 21 regulating the issuance of v ariances or special use permits. The line 22 permitting agency shall either approve or deny the application to line 23 create an accessory dwelling unit or a junior accessory dwelling line 24 unit within 60 days from the date the local agenc y recei ves a line 25 completed application if there is an e xisting single-f amily or line 26 multifamily dwelling on the lot. If the permit application to create line 27 an accessory dwelling unit or a junior accessory dwelling unit is line 28 submitted with a permit application to create a new single-family line 29 or multif amily dwelling on the lot, the permitting agenc y may line 30 delay approving or denying the permit application for the accessory line 31 dwelling unit or the junior accessory dwelling unit until the line 32 permitting agency approves or denies on the permit application to line 33 create the new single-family dwelling, but the application to create line 34 the accessory dwelling unit or junior accessory dwelling unit shall line 35 be considered without discretionary re view or hearing. If the line 36 applicant requests a delay, the 60-day time period shall be tolled line 37 for the period of the delay . If the local agenc y has not appro ved line 38 or denied the completed application within 60 days, the application line 39 shall be deemed appro ved. A local agenc y may char ge a fee to line 40 reimburse it for costs incurred to implement this paragraph, 97 SB 897 — 7 —

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line 1 including the costs of adopting or amending any ordinance that line 2 provides for the creation of an accessory dwelling unit. line 3 (4) The ordinance shall require that a demolition permit for a line 4 detached garage that is to be replaced with an accessory dwelling line 5 unit be reviewed with the application for the accessory dwelling line 6 unit and issued at the same time.
line 7 (5) The ordinance shall not require, and the applicant shall not line 8 be otherwise required, to provide written notice or post a placard line 9 for the demolition of a detached garage that is to be replaced with line 10 an accessory dwelling unit, unless the property is located within line 11 an architecturally and historically significant historic district. line 12 (6) An existing ordinance governing the creation of an accessory line 13 dwelling unit by a local agency or an accessory dwelling ordinance line 14 adopted by a local agency shall provide an approval process that line 15 includes only ministerial provisions for the approval of accessory line 16 dwelling units and shall not include any discretionary processes, line 17 provisions, or requirements for those units, except as otherwise line 18 provided in this subdivision. If a local agency has an existing line 19 accessory dwelling unit ordinance that fails to meet the line 20 requirements of this subdivision, that ordinance shall be null and line 21 void and that agency shall thereafter apply the standards established line 22 in this subdivision for the approval of accessory dwelling units, line 23 unless and until the agency adopts an ordinance that complies with line 24 this section.
line 25 (7) No other local ordinance, policy, or regulation shall be the line 26 basis for the delay or denial of a building permit or a use permit line 27 under this subdivision.
line 28 (8) This subdivision establishes the maximum standards that line 29 local agencies shall use to evaluate a proposed accessory dwelling line 30 unit on a lot that includes a proposed or existing single-family line 31 dwelling. No additional standards, other than those provided in line 32 this subdivision, shall be used or imposed, including any line 33 owner-occupant requirement, except that a local agency may line 34 require that the property be used for rentals of terms longer than line 35 30 days.
line 36 (9) A local agency may amend its zoning ordinance or general line 37 plan to incorporate the policies, procedures, or other provisions line 38 applicable to the creation of an accessory dwelling unit if these line 39 provisions are consistent with the limitations of this subdivision. 97 — 8 — SB 897
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line 1 (10)  An accessory dwelling unit that conforms to this line 2 subdivision shall be deemed to be an accessory use or an accessory line 3 building and shall not be considered to exceed the allowable density line 4 for the lot upon which it is located, and shall be deemed to be a line 5 residential use that is consistent with the existing general plan and line 6 zoning designations for the lot. The accessory dwelling unit shall line 7 not be considered in the application of any local ordinance, policy, line 8 or program to limit residential growth.
line 9 (b)  When a local agenc y that has not adopted an ordinance line 10 governing accessory dwelling units in accordance with subdivision line 11 (a) recei ves an application for a permit to create an accessory line 12 dwelling unit pursuant to this subdi vision, the local agency shall line 13 approve or disappro ve the application ministerially without line 14 discretionary review pursuant to subdi vision (a). The permitting line 15 agency shall either appro ve or den y the application to create an line 16 accessory dwelling unit or a junior accessory dwelling unit within line 17 60 days from the date the local agenc y recei ves a completed line 18 application if there is an e xisting single-f amily or multif amily line 19 dwelling on the lot. If the permit application to create an accessory line 20 dwelling unit or a junior accessory dwelling unit is submitted with line 21 a permit application to create a new single-family or multifamily line 22 dwelling on the lot, the permitting agenc y may delay appro ving line 23 or denying the permit application for the accessory dwelling unit line 24 or the junior accessory dwelling unit until the permitting agenc y line 25 approves or denies the permit application to create the ne w line 26 single-family dwelling, but the application to create the accessory line 27 dwelling unit or junior accessory dwelling unit shall still be line 28 considered ministerially without discretionary review or a hearing. line 29 If the applicant requests a delay , the 60-day time period shall be line 30 tolled for the period of the delay . If the local agenc y has not line 31 approved or denied the completed application within 60 days, the line 32 application shall be deemed approved.
line 33 (c)  (1)  Subject to paragraph (2), a local agenc y may establish line 34 minimum and maximum unit size requirements for both attached line 35 and detached accessory dwelling units.
line 36 (2)  Notwithstanding paragraph (1), a local agenc y shall not line 37 establish by ordinance any of the following:
line 38 (A)  A minimum square footage requirement for either an line 39 attached or detached accessory dwelling unit that prohibits an line 40 efficiency unit.
97 SB 897 — 9 —

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line 1 (B) A maximum square footage requirement for either an line 2 attached or detached accessory dwelling unit that is less than either line 3 of the following:
line 4 (i) 850 square feet.
line 5 (ii) 1,000 square feet for an accessory dwelling unit that provides line 6 more than one bedroom.
line 7 (C) Any other minimum or maximum size for an accessory line 8 dwelling unit, size based upon a percentage of the proposed or line 9 existing primary dwelling, or limits on lot coverage, floor area line 10 ratio, open space, and minimum lot size, for either attached or line 11 detached dwellings that does not permit at least an 800 square foot line 12 accessory dwelling unit that is at least 25 feet in height lower than line 13 the applicable height limitation in clause (ii) of subparagraph (B) line 14 of paragraph (1) of subdivision (e) with four-foot side and rear line 15 yard setbacks to be constructed in compliance with all other local line 16 development standards.
line 17 (D) Any requirement for a zoning clearance or separate zoning line 18 review for either attached or detached dwellings that does not line 19 permit at least an 800 square foot accessory dwelling unit that is line 20 at least 25 feet in height lower than the applicable height limitation line 21 in clause (ii) of subparagraph (B) of paragraph (1) of subdivision line 22 (e) with four-foot side and rear yard setbacks to be constructed in line 23 compliance with all other local development standards. line 24 (d) Notwithstanding any other law, a local agency, whether or line 25 not it has adopted an ordinance governing accessory dwelling units line 26 in accordance with subdivision (a), both of the following shall line 27 apply:
line 28 (1) The local agency shall not impose any parking standards for line 29 an accessory dwelling unit in any of the following instances:
line 30 (A) Where the accessory dwelling unit is located within one-half line 31 mile walking distance of public transit.
line 32 (B) Where the accessory dwelling unit is located within an line 33 architecturally and historically significant historic district. line 34 (C) Where the accessory dwelling unit is part of the proposed line 35 or existing primary residence or an accessory structure. line 36 (D) When on-street parking permits are required but not offered line 37 to the occupant of the accessory dwelling unit. line 38 (E) When there is a car share vehicle located within one block line 39 of the accessory dwelling unit.
97 — 10 — SB 897
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line 1 (F) When a permit application for an accessory dwelling unit line 2 is submitted with a permit application to create a new single-family line 3 dwelling on the same lot.
line 4 (2) When a permit application for an accessory dwelling unit line 5 is submitted with a permit application to create new multifamily line 6 dwelling units, the local agency shall reduce the number of required line 7 parking spaces for the multifamily dwelling by 2 parking spaces line 8 for each proposed detached accessory dwelling unit on the same line 9 lot.
line 10 (e) (1)  Notwithstanding subdivisions (a) to (d), inclusive, a line 11 local agency shall ministerially approve an application for a line 12 building permit within a residential or mixed-use zone to create line 13 any of the following:
line 14 (A) One accessory dwelling unit and one junior accessory line 15 dwelling unit per lot with a proposed or existing single-family line 16 dwelling if all of the following apply:
line 17 (i) The accessory dwelling unit or junior accessory dwelling line 18 unit is within the proposed space of a single-family dwelling or line 19 existing space of a single-family dwelling or accessory structure line 20 and may include an expansion of not more than 150 square feet line 21 beyond the same physical dimensions as the existing accessory line 22 structure. An expansion beyond the physical dimensions of the line 23 existing accessory structure shall be limited to accommodating line 24 ingress and egress.
line 25 (ii) The space has exterior access from the proposed or existing line 26 single-family dwelling.
line 27 (iii) The side and rear setbacks are sufficient for fire and safety. line 28 (iv) The junior accessory dwelling unit complies with the line 29 requirements of Section 65852.22.
line 30 (B) One detached, new construction, accessory dwelling unit line 31 that does not exceed four-foot side and rear yard setbacks for a lot line 32 with a proposed or existing single-family dwelling. The accessory line 33 dwelling unit may be combined with a junior accessory dwelling line 34 unit described in subparagraph (A). A local agency may impose line 35 the following conditions on the accessory dwelling unit:
line 36 (i) A total floor area limitation of not more than 800 square feet. line 37 (ii) A height limitation of 25 feet. 16 feet, except as follows:
line 38 (I) The local agency may impose a height limitation of not less line 39 than 25 feet if the accessory dwelling unit is within one-half mile line 40 walking distance of a major transit stop or a high-quality transit 97 SB 897 — 11 —
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line 1 corridor, as those terms are defined in Section 21155 of the Public line 2 Resources Code.
line 3 (II) The local agency may impose a height limitation of not less line 4 than 25 feet or the height limitation in the local zoning ordinance line 5 that applies to the primary dwelling, whichever is lower, if the line 6 accessory dwelling units is attached to a primary dwelling. line 7 (C) (i)  Multiple accessory dwelling units within the portions line 8 of existing multifamily dwelling structures that are not used as line 9 livable space, including, but not limited to, storage rooms, boiler line 10 rooms, passageways, attics, basements, or garages, if each unit line 11 complies with state building standards for dwellings. line 12 (ii) A local agency shall allow at least one accessory dwelling line 13 unit within an existing multifamily dwelling and shall allow up to line 14 25 percent of the existing multifamily dwelling units. line 15 (D) (i)  Not more than two accessory dwelling units that are line 16 located on a lot that has an existing or proposed multifamily line 17 dwelling, but are detached from that multifamily dwelling and are line 18 subject to a height limit of 25 feet the applicable height limitation line 19 in clause (ii) of subparagraph (B) and rear yard and side setbacks line 20 of no more than 4 feet.
line 21 (ii) If the existing multifamily dwelling exceeds a height of 25 line 22 feet the applicable height limitation in clause (ii) of subparagraph line 23 (B) or has a rear or side setback of less than 4 feet, the local agency line 24 shall not require any modification of the existing multifamily line 25 dwelling to satisfy the requirements of this subparagraph. line 26 (iii) A local agency shall not reject an application to construct line 27 an accessory dwelling unit authorized under this subparagraph on line 28 the basis that the existing multifamily dwelling exceeds a height line 29 of 25 feet the applicable height limitation in clause (ii) of line 30 subparagraph (B) or has a rear or side setback of less than 4 feet. line 31 (2) A local agency shall not require, as a condition for ministerial line 32 approval of a permit application for the creation of an accessory line 33 dwelling unit or a junior accessory dwelling unit, the correction line 34 of nonconforming zoning conditions.
line 35 (3) The installation of fire sprinklers shall not be required in an line 36 accessory dwelling unit if sprinklers are not required for the line 37 primary residence. The construction of an accessory dwelling unit line 38 shall not trigger a requirement for fire sprinklers to be installed in line 39 the proposed or existing multifamily dwelling.
97 — 12 — SB 897
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line 1 (4)  A local agency shall require that a rental of the accessory line 2 dwelling unit created pursuant to this subdi vision be for a term line 3 longer than 30 days.
line 4 (5)  A local agency may require, as part of the application for a line 5 permit to create an accessory dwelling unit connected to an onsite line 6 wastewater treatment system, a percolation test completed within line 7 the last five years, or, if the percolation test has been recertified, line 8 within the last 10 years.
line 9 (6)  Notwithstanding subdivision (c) and paragraph (1) a local line 10 agency that has adopted an ordinance by July 1, 2018, pro viding line 11 for the appro val of accessory dwelling units in multif amily line 12 dwelling structures shall ministerially consider a permit application line 13 to construct an accessory dwelling unit that is described in line 14 paragraph (1), and may impose objective standards including, but line 15 not limited to, design, development, and historic standards on said line 16 accessory dwelling units. These standards shall not include line 17 requirements on minimum lot size.
line 18 (f)  (1)  Fees charged for the construction of accessory dwelling line 19 units shall be determined in accordance with Chapter 5 line 20 (commencing with Section 66000) and Chapter 7 (commencing line 21 with Section 66012).
line 22 (2)  An accessory dwelling unit shall not be considered by a line 23 local agency, special district, or w ater corporation to be a ne w line 24 residential use for purposes of calculating connection fees or line 25 capacity charges for utilities, including w ater and sewer service, line 26 unless the accessory dwelling unit w as constructed with a ne w line 27 single-family dwelling.
line 28 (3)  (A)  A local agenc y, special district, or w ater corporation line 29 shall not impose an y impact fee upon the de velopment of an line 30 accessory dwelling unit less than 750 square feet. Any impact fees line 31 charged for an accessory dwelling unit of 750 square feet or more line 32 shall be charged proportionately in relation to the square footage line 33 of the primary dwelling unit.
line 34 (B)  For purposes of this paragraph, “impact fee” has the same line 35 meaning as the term “fee” is defined in subdivision (b) of Section line 36 66000, except that it also includes fees specified in Section 66477. line 37 “Impact fee” does not include an y connection fee or capacity line 38 charge char ged by a local agenc y, special district, or w ater line 39 corporation.
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line 1 (4)  For an accessory dwelling unit described in subparagraph line 2 (A) of paragraph (1) of subdi vision (e), a local agenc y, special line 3 district, or w ater corporation shall not require the applicant to line 4 install a ne w or separate utility connection directly between the line 5 accessory dwelling unit and the utility or impose a related line 6 connection fee or capacity charge, unless the accessory dwelling line 7 unit was constructed with a new single-family dwelling. line 8 (5)  For an accessory dwelling unit that is not described in line 9 subparagraph (A) of paragraph (1) of subdi vision (e), a local line 10 agency, special district, or w ater corporation may require a ne w line 11 or separate utility connection directly between the accessory line 12 dwelling unit and the utility . Consistent with Section 66013, the line 13 connection may be subject to a connection fee or capacity charge line 14 that shall be proportionate to the burden of the proposed accessory line 15 dwelling unit, based upon either its square feet or the number of line 16 its drainage fixture unit (DFU) values, as defined in the Uniform line 17 Plumbing Code adopted and published by the International line 18 Association of Plumbing and Mechanical Officials, upon the water line 19 or sewer system. This fee or charge shall not exceed the reasonable line 20 cost of providing this service.
line 21 (g)  This section does not limit the authority of local agencies line 22 to adopt less restricti ve requirements for the creation of an line 23 accessory dwelling unit.
line 24 (h)  (1)  A local agenc y shall submit a cop y of the ordinance line 25 adopted pursuant to subdivision (a) to the Department of Housing line 26 and Community Development within 60 days after adoption. After line 27 adoption of an ordinance, the department may submit written line 28 findings to the local agency as to whether the ordinance complies line 29 with this section.
line 30 (2)  (A)  If the department finds that the local agency’s ordinance line 31 does not comply with this section, the department shall notify the line 32 local agency and shall provide the local agency with a reasonable line 33 time, no longer than 30 days, to respond to the findings before line 34 taking any other action authorized by this section. line 35 (B)  The local agency shall consider the findings made by the line 36 department pursuant to subparagraph (A) and shall do one of the line 37 following:
line 38 (i)  Amend the ordinance to comply with this section. line 39 (ii)  Adopt the ordinance without changes. The local agenc y line 40 shall include findings in its resolution adopting the ordinance that 97 — 14 — SB 897

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line 1 explain the reasons the local agenc y believes that the ordinance line 2 complies with this section despite the findings of the department. line 3 (3)  (A)  If the local agenc y does not amend its ordinance in line 4 response to the department’s findings or does not adopt a resolution line 5 with findings explaining the reason the ordinance complies with line 6 this section and addressing the department’ s findings, the line 7 department shall notify the local agenc y and may notify the line 8 Attorney General that the local agency is in violation of state law. line 9 (B)  Before notifying the Attorney General that the local agency line 10 is in violation of state law, the department may consider whether line 11 a local agency adopted an ordinance in compliance with this section line 12 between January 1, 2017, and January 1, 2020.
line 13 (i)  The department may re view, adopt, amend, or repeal line 14 guidelines to implement uniform standards or criteria that line 15 supplement or clarify the terms, references, and standards set forth line 16 in this section. The guidelines adopted pursuant to this subdivision line 17 are not subject to Chapter 3.5 (commencing with Section 11340) line 18 of Part 1 of Division 3 of Title 2.
line 19 (j)  As used in this section, the following terms mean:
line 20 (1)  “Accessory dwelling unit” means an attached or a detached line 21 residential dwelling unit that provides complete independent living line 22 facilities for one or more persons and is located on a lot with a line 23 proposed or existing primary residence. It shall include permanent line 24 provisions for living, sleeping, eating, cooking, and sanitation on line 25 the same parcel as the single-family or multifamily dwelling is or line 26 will be situated. An accessory dwelling unit also includes the line 27 following:
line 28 (A)  An efficiency unit.
line 29 (B)  A manufactured home, as defined in Section 18007 of the line 30 Health and Safety Code.
line 31 (2)  “Accessory structure” means a structure that is accessory line 32 and incidental to a dwelling located on the same lot. line 33 (3)  “Efficiency unit” has the same meaning as defined in Section line 34 17958.1 of the Health and Safety Code.
line 35 (4)  “Living area” means the interior habitable area of a dwelling line 36 unit, including basements and attics, but does not include a garage line 37 or any accessory structure.
line 38 (5)  “Local agency” means a city , county, or city and county , line 39 whether general law or chartered.
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line 1 (6) “Nonconforming zoning condition” means a physical line 2 improvement on a property that does not conform with current line 3 zoning standards.
line 4 (7) “Objective standards” means standards that involve no line 5 personal or subjective judgment by a public official and are line 6 uniformly verifiable by reference to an external and uniform line 7 benchmark or criterion available and knowable by both the line 8 development applicant or proponent and the public official prior line 9 to submittal.
line 10 (8) “Passageway” means a pathway that is unobstructed clear line 11 to the sky and extends from a street to one entrance of the accessory line 12 dwelling unit.
line 13 (9) “Proposed dwelling” means a dwelling that is the subject of line 14 a permit application and that meets the requirements for permitting. line 15 (10) “Public transit” means a location, including, but not limited line 16 to, a bus stop or train station, where the public may access buses, line 17 trains, subways, and other forms of transportation that charge set line 18 fares, run on fixed routes, and are available to the public. line 19 (11) “Tandem parking” means that two or more automobiles line 20 are parked on a driveway or in any other location on a lot, lined line 21 up behind one another.
line 22 (k) A local agency shall not issue a certificate of occupancy for line 23 an accessory dwelling unit before the local agency issues a line 24 certificate of occupancy for the primary dwelling. line 25 (l) Nothing in this section shall be construed to supersede or in line 26 any way alter or lessen the effect or application of the California line 27 Coastal Act of 1976 (Division 20 (commencing with Section line 28 30000) of the Public Resources Code), except that the local line 29 government shall not be required to hold public hearings for coastal line 30 development permit applications for accessory dwelling units. line 31 (m) A local agency may count an accessory dwelling unit for line 32 purposes of identifying adequate sites for housing, as specified in line 33 subdivision (a) of Section 65583.1, subject to authorization by the line 34 department and compliance with this division.
line 35 (n) In enforcing building standards pursuant to Article 1 line 36 (commencing with Section 17960) of Chapter 5 of Part 1.5 of line 37 Division 13 of the Health and Safety Code for an accessory line 38 dwelling unit described in paragraph (1) or (2) below or the primary line 39 dwelling for one of those units, a local agency, upon request of an line 40 owner of an accessory dwelling unit for a delay in enforcement, 97 — 16 — SB 897
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line 1 shall delay enforcement of a b uilding standard, subject to line 2 compliance with Section 17980.12 of the Health and Safety Code:
line 3 (1)  The accessory dwelling unit w as b uilt before January 1, line 4 2020.
line 5 (2)  The accessory dwelling unit w as built on or after January line 6 1, 2020, in a local jurisdiction that, at the time the accessory line 7 dwelling unit w as built, had a noncompliant accessory dwelling line 8 unit ordinance, b ut the ordinance is compliant at the time the line 9 request is made.
line 10 SEC. 2. Section 65852.2 of the Government Code, as amended line 11 by Section 2 of Chapter 343 of the Statutes of 2021, is repealed. line 12 SEC. 3. Section 65852.22 of the Government Code is amended line 13 to read:
line 14 65852.22. (a)  Notwithstanding Section 65852.2, a local agency line 15 may, by ordinance, pro vide for the creation of junior accessory line 16 dwelling units in single-f amily residential zones. The ordinance line 17 may require a permit to be obtained for the creation of a junior line 18 accessory dwelling unit, and shall do all of the following:
line 19 (1)  Limit the number of junior accessory dwelling units to one line 20 per residential lot zoned for single-f amily residences with a line 21 single-family residence built, or proposed to be built, on the lot. line 22 (2)  Require the recordation of a deed restriction, which shall line 23 run with the land, shall be filed with the permitting agenc y, and line 24 shall include both of the following:
line 25 (A)  A prohibition on the sale of the junior accessory dwelling line 26 unit separate from the sale of the single-family residence, including line 27 a statement that the deed restriction may be enforced against future line 28 purchasers.
line 29 (B)  A restriction on the size and attributes of the junior accessory line 30 dwelling unit that conforms with this section.
line 31 (3)  Require a permitted junior accessory dwelling unit to be line 32 constructed within the w alls of the proposed or e xisting line 33 single-family residence or attached to a detached accessory line 34 dwelling unit. For purposes of this paragraph, enclosed uses within line 35 the residence, such as attached g arages, are considered a part of line 36 the proposed or existing single-family residence. line 37 (4)  (A)  Require a permitted junior accessory dwelling unit to line 38 include a separate entrance from the main entrance to the proposed line 39 or e xisting single-f amily residence or attached to a detached line 40 accessory dwelling unit.
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line 1 (B) If a permitted junior accessory dwelling unit does not include line 2 separate sanitation facilities, the permitted junior accessory line 3 dwelling unit shall include a separate entrance from the main line 4 entrance to the structure, with an interior entry to the main living line 5 area.
line 6 (5) Require the permitted junior accessory dwelling unit to line 7 include an efficiency kitchen, which shall include all of the line 8 following:
line 9 (A) A cooking facility with appliances.
line 10 (B) A food preparation counter and storage cabinets that are of line 11 reasonable size in relation to the size of the junior accessory line 12 dwelling unit.
line 13 (b) (1)  An ordinance shall not require additional parking as a line 14 condition to grant a permit.
line 15 (2) This subdivision shall not be interpreted to prohibit the line 16 requirement of an inspection, including the imposition of a fee for line 17 that inspection, to determine if the junior accessory dwelling unit line 18 complies with applicable building standards.
line 19 (c) An application for a permit pursuant to this section shall, line 20 notwithstanding Section 65901 or 65906 or any local ordinance line 21 regulating the issuance of variances or special use permits, be line 22 considered ministerially, without discretionary review or a hearing. line 23 The permitting agency shall either approve or deny the application line 24 to create a junior accessory dwelling unit within 60 days from the line 25 date the local agency receives a completed application if there is line 26 an existing single-family dwelling on the lot. If the permit line 27 application to create a junior accessory dwelling unit is submitted line 28 with a permit application to create a new single-family dwelling line 29 on the lot, the permitting agency may delay approving or denying line 30 the permit application for the junior accessory dwelling unit until line 31 the permitting agency approves or denies the permit application line 32 to create the new single-family dwelling, but the application to line 33 create the junior accessory dwelling unit shall still be considered line 34 ministerially without discretionary review or a hearing. If the line 35 applicant requests a delay, the 60-day time period shall be tolled line 36 for the period of the delay. A local agency may charge a fee to line 37 reimburse the local agency for costs incurred in connection with line 38 the issuance of a permit pursuant to this section. line 39 (d) For purposes of any fire or life protection ordinance or line 40 regulation, a junior accessory dwelling unit shall not be considered 97 — 18 — SB 897
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line 1 a separate or new dwelling unit. This section shall not be construed line 2 to prohibit a city, county, city and county, or other local public line 3 entity from adopting an ordinance or regulation relating to fire and line 4 life protection requirements within a single-family residence that line 5 contains a junior accessory dwelling unit so long as the ordinance line 6 or regulation applies uniformly to all single-family residences line 7 within the zone regardless of whether the single-family residence line 8 includes a junior accessory dwelling unit or not. line 9 (e) For purposes of providing service for water, sewer, or power, line 10 including a connection fee, a junior accessory dwelling unit shall line 11 not be considered a separate or new dwelling unit. line 12 (f) This section shall not be construed to prohibit a local agency line 13 from adopting an ordinance or regulation related to a service or a line 14 connection fee for water, sewer, or power, that applies to a line 15 single-family residence that contains a junior accessory dwelling line 16 unit, so long as that ordinance or regulation applies uniformly to line 17 all single-family residences regardless of whether the single-family line 18 residence includes a junior accessory dwelling unit. line 19 (g) If a local agency has not adopted a local ordinance pursuant line 20 to this section, the local agency shall ministerially approve a permit line 21 to construct a junior accessory dwelling unit that satisfies the line 22 requirements set forth in subparagraph (A) of paragraph (1) of line 23 subdivision (e) of Section 65852.2 and the requirements of this line 24 section.
line 25 (h) For purposes of this section, the following terms have the line 26 following meanings:
line 27 (1) “Junior accessory dwelling unit” means a unit that is no line 28 more than 500 square feet in size and contained entirely within a line 29 single-family residence. A junior accessory dwelling unit may line 30 include separate sanitation facilities, or may share sanitation line 31 facilities with the existing structure.
line 32 (2) “Local agency” means a city, county, or city and county, line 33 whether general law or chartered.
line 34 SEC. 4. Section 65852.23 is added to the Government Code, line 35 to read:
line 36 65852.23. (a)  Notwithstanding any other law, and except as line 37 otherwise provided in subdivision (b), a local agency shall not line 38 deny a permit for a constructed, but unpermitted, an unpermitted line 39 accessory dwelling unit that was constructed before January 1, line 40 2018, due to any of the following:
97 SB 897 — 19 —
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line 1 (1) The accessory dwelling unit is in violation of building line 2 standards pursuant to Article 1 (commencing with Section 17960) line 3 of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety line 4 Code.
line 5 (2) The accessory dwelling unit does not comply with Section line 6 65852.2 or any local ordinance regulating accessory dwelling units. line 7 (3) The correction of nonconforming zoning conditions or line 8 unpermitted structures that are not affected by the construction of line 9 the accessory dwelling unit.
line 10 (b) Notwithstanding subdivision (a), a local agency may deny line 11 a permit for an accessory dwelling unit subject to subdivision (a) line 12 if the local agency makes a finding that correcting the violation is line 13 necessary to protect the health and safety of the public or occupants line 14 of the structure.
line 15 (c) The section shall not apply to a building that is deem line 16 substandard pursuant to Section 17920.3 of the Health and Safety line 17 Code.
line 18 SEC. 5. Section 17980.12 of the Health and Safety Code is line 19 amended to read:
line 20 17980.12. (a)  (1)  An enforcement agency, until January 1, line 21 2030, that issues to an owner of an accessory dwelling unit line 22 described in subparagraph (A) or (B) below, a notice to correct a line 23 violation of any provision of any building standard pursuant to line 24 this part shall include in that notice a statement that the owner of line 25 the unit has a right to request a delay in enforcement pursuant to line 26 this subdivision:
line 27 (A) The accessory dwelling unit was built before January 1, line 28 2020.
line 29 (B) The accessory dwelling unit was built on or after January line 30 1, 2020, in a local jurisdiction that, at the time the accessory line 31 dwelling unit was built, had a noncompliant accessory dwelling line 32 unit ordinance, but the ordinance is compliant at the time the line 33 request is made.
line 34 (2) The owner of an accessory dwelling unit that receives a line 35 notice to correct violations or abate nuisances as described in line 36 paragraph (1) may, in the form and manner prescribed by the line 37 enforcement agency, submit an application to the enforcement line 38 agency requesting that enforcement of the violation be delayed for line 39 five years on the basis that correcting the violation is not necessary line 40 to protect health and safety.
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line 1 (3) A delay in enforcement granted for an accessory dwelling line 2 unit, as described in paragraph (2), shall also apply to a violation line 3 of any provision of any building standard that applies to the line 4 primary dwelling of the accessory dwelling unit, provided that line 5 correcting the violation is not necessary to protect health and safety. line 6 (4) The enforcement agency shall grant an application described line 7 in paragraph (2) if the enforcement agency determines that line 8 correcting the violation is not necessary to protect health and safety. line 9 In making this determination, the enforcement agency shall consult line 10 with the entity responsible for enforcement of building standards line 11 and other regulations of the State Fire Marshal pursuant to Section line 12 13146.
line 13 (5) The enforcement agency shall not approve any applications line 14 pursuant to this section on or after January 1, 2030. However, any line 15 delay that was approved by the enforcement agency before January line 16 1, 2030, shall be valid for the full term of the delay that was line 17 approved at the time of the initial approval of the application line 18 pursuant to paragraph (4).
line 19 (b) For purposes of this section, “accessory dwelling unit” has line 20 the same meaning as defined in Section 65852.2. line 21 (c) This section shall remain in effect only until January 1, 2035, line 22 and as of that date is repealed.
line 23 SEC. 6. Chapter 6.9 (commencing with Section 50678) is added line 24 to Part 2 of Division 31 of the Health and Safety Code, to read:
line 25
line 26 Chapter 6.9. Accessory Dwelling Unit Funding
line 27
line 28 50678. (a)  Upon appropriation of the Legislature, the line 29 department shall establish and administer a grant program for the line 30 purpose of funding the construction and maintenance of accessory line 31 dwelling units and junior accessory dwelling units, as defined in line 32 Sections 65852.2 and 65852.22 of the Government Code. line 33 (b) The California Accessory Dwelling Unit Fund is hereby line 34 established in the State Treasury. The fund shall receive all moneys line 35 derived pursuant to this chapter. Upon appropriation by the line 36 Legislature, the department shall distribute moneys in the fund to line 37 eligible recipients in accordance with this chapter. line 38 SEC. 7. No reimbursement is required by this act pursuant to line 39 Section 6 of Article XIIIB of the California Constitution because line 40 a local agency or school district has the authority to levy service 97 SB 897 — 21 —
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line 1 charges, fees, or assessments sufficient to pay for the program or line 2 level of service mandated by this act, within the meaning of Section line 3 17556 of the Government Code.

O
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ATTACHMENT 4

EXHIBIT E
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AMENDED IN SENATE MAY 4, 2022
AMENDED IN SENATE MARCH 23, 2022
SENATE BILL No. 932
Introduced by Senator Portantino
February 7, 2022
An act to amend Sections 65300.5 and 65302 of the Government Code, relating to land use.
legislative counsel’s digest
SB 932, as amended, Portantino. General plans: circulation element:
bicycle and pedestrian plans and traffic calming plans.

Existing law states the Legislature’s intention that a county or city general plan and the elements and parts of that general plan comprise an integrated, internally consistent and compatible statement of policies for the adopting agency.

This bill would emphasize the intent of the Legislature to fight climate change with these provisions.

Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including a circulation element. Existing law requires the circulation element to consist of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities. Existing law requires the legislative body, upon any substantive revision of the circulation element, to modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. Existing law defines 97 Item: 15
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“users of streets, roads, and highways” to mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.

This bill would require the legislative body, upon the next substantive revision of the circulation element, on or before June 30, 2024, to develop or update the plan for a balanced, multimodal transportation network, as specified, and to ensure that the plan includes bicycle and pedestrian plans and traffic calming plans for any urbanized area, as defined, within the scope of the county or city general plan. By adding to the duties of county and city officials in the administration of their land use planning duties, this bill would impose a state-mandated local program.

This bill would require a county or city to begin implementation of the plan within 2 years of the date of adoption of the plan. The bill would allow a county or city to have 20 years to implement the plan.

This bill would increase the 20-year implementation period based on whether the measures introduced by a county or city work to reduce its percentage of traffic violence within a specified period of time. The bill would allow a county or city that fails to comply with the implementation provisions due to unforeseen circumstances to be exempt from the provisions upon a written finding, as specified.

This
Commencing January 1, 2024, this bill would allow a person injured within the right-of-way in a collision with a motor vehicle to have a cause of action for failure to comply with these provisions against specified counties.

The bill would make this cause of action inoperative
after January 1, 2028.

This bill would state the intent of the Legislature to create an annual grant program, relating to the above provisions, to award funding to any county or city upon a showing of its implementation of timely and effective short-term efforts to mitigate bicycle, pedestrian, and other human-powered transportation injuries and fatalities, as provided.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

V ote: majority.

Appropriation: no. Fiscal committee: yes.​
State-mandated local program: yes.​
97 — 2 — SB 932
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The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65300.5 of the Government Code is line 2 amended to read:
line 3 65300.5. (a)  In construing the provisions of this article, the line 4 Legislature intends that the general plan and elements and parts line 5 thereof comprise an integrated, internally consistent and compatible line 6 statement of policies for the adopting agency.
line 7 (b) The Legislature intends that the provisions of this article, line 8 as stated in paragraph (4) of subdivision (g) of Section 65302, line 9 support and encourage communities in reaching the state’s line 10 environmental and climate objectives. Climate change causes line 11 catastrophic threats to lives, property, and resources in California, line 12 and continues to affect all parts of the Californian economy and line 13 environment. This provision is intended to encourage measures line 14 that enable communities to adapt to the impacts of climate change line 15 including, but not limited to, higher average temperatures, line 16 decreased air and water quality, the spread of infectious and line 17 vectorborne diseases, other public health impacts, extreme weather line 18 events, sea level rise, flooding, heat waves, wildfires, drought, and line 19 community planning and zoning development.
line 20 SEC. 2. Section 65302 of the Government Code is amended line 21 to read:
line 22 65302. The general plan shall consist of a statement of line 23 development policies and shall include a diagram or diagrams and line 24 text setting forth objectives, principles, standards, and plan line 25 proposals. The plan shall include the following elements:
line 26 (a) A land use element that designates the proposed general line 27 distribution and general location and extent of the uses of the land line 28 for housing, business, industry, open space, including agriculture, line 29 natural resources, recreation, and enjoyment of scenic beauty, line 30 education, public buildings and grounds, solid and liquid waste line 31 disposal facilities, greenways, as defined in Section 816.52 of the line 32 Civil Code, and other categories of public and private uses of land. line 33 The location and designation of the extent of the uses of the land line 34 for public and private uses shall consider the identification of land line 35 and natural resources pursuant to paragraph (3) of subdivision (d). line 36 The land use element shall include a statement of the standards of line 37 population density and building intensity recommended for the line 38 various districts and other territory covered by the plan. The land 97 SB 932 — 3 —
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line 1 use element shall identify and annually review those areas covered line 2 by the plan that are subject to flooding identified by flood plain line 3 mapping prepared by the Federal Emergency Management Agency line 4 (FEMA) or the Department of Water Resources. The land use line 5 element shall also do both of the following:
line 6 (1) Designate in a land use category that provides for timber line 7 production those parcels of real property zoned for timberland line 8 production pursuant to the California Timberland Productivity Act line 9 of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 line 10 of Division 1 of Title 5).
line 11 (2) Consider the impact of new growth on military readiness line 12 activities carried out on military bases, installations, and operating line 13 and training areas, when proposing zoning ordinances or line 14 designating land uses covered by the general plan for land, or other line 15 territory adjacent to military facilities, or underlying designated line 16 military aviation routes and airspace.
line 17 (A) In determining the impact of new growth on military line 18 readiness activities, information provided by military facilities line 19 shall be considered. Cities and counties shall address military line 20 impacts based on information from the military and other sources. line 21 (B) The following definitions govern this paragraph:
line 22 (i) “Military readiness activities” mean all of the following:
line 23 (I) Training, support, and operations that prepare the members line 24 of the military for combat.
line 25 (II) Operation, maintenance, and security of any military line 26 installation.
line 27 (III) Testing of military equipment, vehicles, weapons, and line 28 sensors for proper operation or suitability for combat use. line 29 (ii) “Military installation” means a base, camp, post, station, line 30 yard, center, homeport facility for any ship, or other activity under line 31 the jurisdiction of the United States Department of Defense as line 32 defined in paragraph (1) of subsection (e) of Section 2687 of Title line 33 10 of the United States Code.
line 34 (b) (1)  A circulation element consisting of the general location line 35 and extent of existing and proposed major thoroughfares, line 36 transportation routes, terminals, any military airports and ports, line 37 and other local public utilities and facilities, all correlated with the line 38 land use element of the plan.
line 39 (2) (A)  Commencing January 1, 2011, upon any substantive line 40 revision of the circulation element, the legislative body shall 97 — 4 — SB 932
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line 1 modify the circulation element to plan for a balanced, multimodal line 2 transportation network that meets the needs of all users of streets, line 3 roads, and highways for safe and convenient travel in a manner line 4 that is suitable to the rural, suburban, or urban context of the line 5 general plan.
line 6 (B) Upon the next substantive revision of the circulation element line 7 on or after June 30, 2024, the legislative body shall develop or line 8 update the plan for a balanced, multimodal transportation network line 9 required by subparagraph (A), and shall ensure the plan includes line 10 the following for any urbanized area, as defined in Section 21071 line 11 of the Public Resources Code, within the scope of the general plan:
line 12 (i) The development of and implementation of bicycle plans, line 13 pedestrian plans, and traffic calming plans for which line 14 implementation shall commence no later than two years from the line 15 date the circulation element is modified. The modified circulation line 16 element shall address all of the following:
line 17 (I) Use evidence-based strategies intended to eliminate traffic line 18 fatalities, with an emphasis on fatalities of bicyclists, pedestrians, line 19 and users of any other form of human-powered transportation. line 20 (II) Identify safety corridors and any land or facility that line 21 generates high concentrations of bicyclists or pedestrians, as those line 22 terms are defined in Section 22358.7 of the Vehicle Code, and line 23 include safety measures specific to those areas. line 24 (III) Establish traffic calming measures around schools and line 25 parks, and within business activity districts, as defined in Section line 26 22358.9 of the Vehicle Code.
line 27 (ii) (I)  A county or city shall begin implementation of the line 28 modified circulation element plan within two years of the date of line 29 adoption of the plan.
line 30 (II) A county or city shall complete implementation of the plan line 31 for a multimodal transportation network, including all bicycle line 32 plans, pedestrian plans, and traffic calming plans iterated in the line 33 modified circulation element, and the construction of any related line 34 infrastructure, within 20 years of the date of adoption of the line 35 modified circulation element.
line 36 (III) A county or city shall have an additional 10 years to line 37 complete implementation if the circulation element contains line 38 measures that decrease traffic fatalities by at least 20 percent within line 39 the first 5 years of its implementation period, and the county or line 40 city implements those measures within those 5 years. 97 SB 932 — 5 —
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line 1 (IV) A county or city shall not be required to comply with the line 2 requirements of this clause upon making a written finding based line 3 on substantial evidence that its failure to comply with the line 4 requirements of this clause are the result of unforeseen line 5 circumstances outside of the control of the county or city. line 6 (iii) Failure (I)  Beginning January 1, 2024, failure by a county line 7 or city to comply with the requirements of this subparagraph shall line 8 create a cause of action for bicyclists, pedestrians, and users of line 9 any other form of human-powered transportation injured within line 10 the right-of-way in a collision with a motor vehicle in high injury line 11 areas in the Counties of Alameda, Contra Costa, Los Angeles, line 12 Orange, Riverside, Sacramento, San Bernardino, San Diego, San line 13 Francisco, and Santa Clara. For the purposes of this subdivision, line 14 “high injury areas” means:
line 15 (I)
line 16 (ia)   The 10 locations within a county or city that have the line 17 highest rate of incidents of injuries to bicyclists, pedestrians, and line 18 users of any other form of human-powered transportation. line 19 (II)
line 20 (ib)  If less than 10 locations, the locations within a county or line 21 city that, when combined, account for 50.1 percent or more of all line 22 incidents of injuries to bicyclists, pedestrians, and users of any line 23 other form of human-powered transportation.
line 24 (II) This clause shall become inoperative on January 1, 2028. line 25 (C) For purposes of this paragraph, “users of streets, roads, and line 26 highways” mean bicyclists, children, persons with disabilities, line 27 motorists, movers of commercial goods, pedestrians, users of public line 28 transportation, and seniors.
line 29 (c) A housing element as provided in Article 10.6 (commencing line 30 with Section 65580).
line 31 (d) (1)  A conservation element for the conservation, line 32 development, and utilization of natural resources, including water line 33 and its hydraulic force, forests, soils, rivers and other waters, line 34 harbors, fisheries, wildlife, minerals, and other natural resources. line 35 The conservation element shall consider the effect of development line 36 within the jurisdiction, as described in the land use element, on line 37 natural resources located on public lands, including military line 38 installations. That portion of the conservation element including line 39 waters shall be developed in coordination with any countywide line 40 water agency and with all district and city agencies, including 97 — 6 — SB 932
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line 1 flood management, water conservation, or groundwater agencies line 2 that have developed, served, controlled, managed, or conserved line 3 water of any type for any purpose in the county or city for which line 4 the plan is prepared. Coordination shall include the discussion and line 5 evaluation of any water supply and demand information described line 6 in Section 65352.5, if that information has been submitted by the line 7 water agency to the city or county.
line 8 (2) The conservation element may also cover all of the line 9 following:
line 10 (A) The reclamation of land and waters.
line 11 (B) Prevention and control of the pollution of streams and other line 12 waters.
line 13 (C) Regulation of the use of land in stream channels and other line 14 areas required for the accomplishment of the conservation plan. line 15 (D) Prevention, control, and correction of the erosion of soils, line 16 beaches, and shores.
line 17 (E) Protection of watersheds.
line 18 (F) The location, quantity, and quality of the rock, sand, and line 19 gravel resources.
line 20 (3) Upon the next revision of the housing element on or after line 21 January 1, 2009, the conservation element shall identify rivers, line 22 creeks, streams, flood corridors, riparian habitats, and land that line 23 may accommodate floodwater for purposes of groundwater line 24 recharge and stormwater management.
line 25 (e) An open-space element as provided in Article 10.5 line 26 (commencing with Section 65560).
line 27 (f) (1)  A noise element that shall identify and appraise noise line 28 problems in the community. The noise element shall analyze and line 29 quantify, to the extent practicable, as determined by the legislative line 30 body, current and projected noise levels for all of the following line 31 sources:
line 32 (A) Highways and freeways.
line 33 (B) Primary arterials and major local streets.
line 34 (C) Passenger and freight online railroad operations and ground line 35 rapid transit systems.
line 36 (D) Commercial, general aviation, heliport, helistop, and military line 37 airport operations, aircraft overflights, jet engine test stands, and line 38 all other ground facilities and maintenance functions related to line 39 airport operation.
97 SB 932 — 7 —
Item: 15
497
line 1 (E) Local industrial plants, including, but not limited to, railroad line 2 classification yards.
line 3 (F) Other ground stationary noise sources, including, but not line 4 limited to, military installations, identified by local agencies as line 5 contributing to the community noise environment. line 6 (2) Noise contours shall be shown for all of these sources and line 7 stated in terms of community noise equivalent level (CNEL) or line 8 day-night average sound level (L dn). The noise contours shall be line 9 prepared on the basis of noise monitoring or following generally line 10 accepted noise modeling techniques for the various sources line 11 identified in subparagraphs (A) to (F) of paragraph (1), inclusive. line 12 (3) The noise contours shall be used as a guide for establishing line 13 a pattern of land uses in the land use element that minimizes the line 14 exposure of community residents to excessive noise. line 15 (4) The noise element shall include implementation measures line 16 and possible solutions that address existing and foreseeable noise line 17 problems, if any. The adopted noise element shall serve as a line 18 guideline for compliance with the state’s noise insulation standards. line 19 (g) (1)  A safety element for the protection of the community line 20 from any unreasonable risks associated with the effects of line 21 seismically induced surface rupture, ground shaking, ground line 22 failure, tsunami, seiche, and dam failure; slope instability leading line 23 to mudslides and landslides; subsidence; liquefaction; and other line 24 seismic hazards identified pursuant to Chapter 7.8 (commencing line 25 with Section 2690) of Division 2 of the Public Resources Code, line 26 and other geologic hazards known to the legislative body; flooding; line 27 and wildland and urban fires. The safety element shall include line 28 mapping of known seismic and other geologic hazards. It shall line 29 also address evacuation routes, military installations, peakload line 30 water supply requirements, and minimum road widths and line 31 clearances around structures, as those items relate to identified fire line 32 and geologic hazards.
line 33 (2) The safety element, upon the next revision of the housing line 34 element on or after January 1, 2009, shall also do the following:
line 35 (A) Identify information regarding flood hazards, including, line 36 but not limited to, the following:
line 37 (i) Flood hazard zones. As used in this subdivision, “flood line 38 hazard zone” means an area subject to flooding that is delineated line 39 as either a special hazard area or an area of moderate or minimal line 40 hazard on an official flood insurance rate map issued by FEMA. 97 — 8 — SB 932
Item: 15
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line 1 The identification of a flood hazard zone does not imply that areas line 2 outside the flood hazard zones or uses permitted within flood line 3 hazard zones will be free from flooding or flood damage. line 4 (ii) National Flood Insurance Program maps published by line 5 FEMA.
line 6 (iii) Information about flood hazards that is available from the line 7 United States Army Corps of Engineers.
line 8 (iv) Designated floodway maps that are available from the line 9 Central Valley Flood Protection Board.
line 10 (v) Dam failure inundation maps prepared pursuant to Section line 11 6161 of the Water Code that are available from the Department of line 12 Water Resources.
line 13 (vi) Awareness Floodplain Mapping Program maps and 200-year line 14 flood plain maps that are or may be available from, or accepted line 15 by, the Department of Water Resources.
line 16 (vii) Maps of levee protection zones.
line 17 (viii) Areas subject to inundation in the event of the failure of line 18 project or nonproject levees or floodwalls.
line 19 (ix) Historical data on flooding, including locally prepared maps line 20 of areas that are subject to flooding, areas that are vulnerable to line 21 flooding after wildfires, and sites that have been repeatedly line 22 damaged by flooding.
line 23 (x) Existing and planned development in flood hazard zones, line 24 including structures, roads, utilities, and essential public facilities. line 25 (xi) Local, state, and federal agencies with responsibility for line 26 flood protection, including special districts and local offices of line 27 emergency services.
line 28 (B) Establish a set of comprehensive goals, policies, and line 29 objectives based on the information identified pursuant to line 30 subparagraph (A), for the protection of the community from the line 31 unreasonable risks of flooding, including, but not limited to:
line 32 (i) Avoiding or minimizing the risks of flooding to new line 33 development.
line 34 (ii) Evaluating whether new development should be located in line 35 flood hazard zones, and identifying construction methods or other line 36 methods to minimize damage if new development is located in line 37 flood hazard zones.
line 38 (iii) Maintaining the structural and operational integrity of line 39 essential public facilities during flooding.
97 SB 932 — 9 —
Item: 15
499
line 1 (iv) Locating, when feasible, new essential public facilities line 2 outside of flood hazard zones, including hospitals and health care line 3 facilities, emergency shelters, fire stations, emergency command line 4 centers, and emergency communications facilities or identifying line 5 construction methods or other methods to minimize damage if line 6 these facilities are located in flood hazard zones. line 7 (v) Establishing cooperative working relationships among public line 8 agencies with responsibility for flood protection. line 9 (C) Establish a set of feasible implementation measures designed line 10 to carry out the goals, policies, and objectives established pursuant line 11 to subparagraph (B).
line 12 (3) Upon the next revision of the housing element on or after line 13 January 1, 2014, the safety element shall be reviewed and updated line 14 as necessary to address the risk of fire for land classified as state line 15 responsibility areas, as defined in Section 4102 of the Public line 16 Resources Code, and land classified as very high fire hazard line 17 severity zones, as defined in Section 51177. This review shall line 18 consider the advice included in the Office of Planning and line 19 Research’s most recent publication of “Fire Hazard Planning, line 20 General Plan Technical Advice Series” and shall also include all line 21 of the following:
line 22 (A) Information regarding fire hazards, including, but not limited line 23 to, all of the following:
line 24 (i) Fire hazard severity zone maps available from the Office of line 25 the State Fire Marshal.
line 26 (ii) Any historical data on wildfires available from local agencies line 27 or a reference to where the data can be found.
line 28 (iii) Information about wildfire hazard areas that may be line 29 available from the United States Geological Survey. line 30 (iv) General location and distribution of existing and planned line 31 uses of land in very high fire hazard severity zones and in state line 32 responsibility areas, including structures, roads, utilities, and line 33 essential public facilities. The location and distribution of planned line 34 uses of land shall not require defensible space compliance measures line 35 required by state law or local ordinance to occur on publicly owned line 36 lands or open space designations of homeowner associations. line 37 (v) Local, state, and federal agencies with responsibility for fire line 38 protection, including special districts and local offices of line 39 emergency services.
97 — 10 — SB 932
Item: 15
500
line 1 (B) A set of goals, policies, and objectives based on the line 2 information identified pursuant to subparagraph (A) for the line 3 protection of the community from the unreasonable risk of wildfire. line 4 (C) A set of feasible implementation measures designed to carry line 5 out the goals, policies, and objectives based on the information line 6 identified pursuant to subparagraph (B), including, but not limited line 7 to, all of the following:
line 8 (i) Avoiding or minimizing the wildfire hazards associated with line 9 new uses of land.
line 10 (ii) Locating, when feasible, new essential public facilities line 11 outside of high fire risk areas, including, but not limited to, line 12 hospitals and health care facilities, emergency shelters, emergency line 13 command centers, and emergency communications facilities, or line 14 identifying construction methods or other methods to minimize line 15 damage if these facilities are located in a state responsibility area line 16 or very high fire hazard severity zone.
line 17 (iii) Designing adequate infrastructure if a new development is line 18 located in a state responsibility area or in a very high fire hazard line 19 severity zone, including safe access for emergency response line 20 vehicles, visible street signs, and water supplies for structural fire line 21 suppression.
line 22 (iv) Working cooperatively with public agencies with line 23 responsibility for fire protection.
line 24 (D) If a city or county has adopted a fire safety plan or document line 25 separate from the general plan, an attachment of, or reference to, line 26 a city or county’s adopted fire safety plan or document that fulfills line 27 commensurate goals and objectives and contains information line 28 required pursuant to this paragraph.
line 29 (4) Upon the next revision of a local hazard mitigation plan, line 30 adopted in accordance with the federal Disaster Mitigation Act of line 31 2000 (Public Law 106-390), on or after January 1, 2017, or, if a line 32 local jurisdiction has not adopted a local hazard mitigation plan, line 33 beginning on or before January 1, 2022, the safety element shall line 34 be reviewed and updated as necessary to address climate adaptation line 35 and resiliency strategies applicable to the city or county. This line 36 review shall consider advice provided in the Office of Planning line 37 and Research’s General Plan Guidelines and shall include all of line 38 the following:
line 39 (A) (i)  A vulnerability assessment that identifies the risks that line 40 climate change poses to the local jurisdiction and the geographic 97 SB 932 — 11 —
Item: 15
501
line 1 areas at risk from climate change impacts, including, but not limited line 2 to, an assessment of how climate change may affect the risks line 3 addressed pursuant to paragraphs (2) and (3).
line 4 (ii) Information that may be available from federal, state, line 5 regional, and local agencies that will assist in developing the line 6 vulnerability assessment and the adaptation policies and strategies line 7 required pursuant to subparagraph (B), including, but not limited line 8 to, all of the following:
line 9 (I) Information from the internet-based Cal-Adapt tool. line 10 (II) Information from the most recent version of the California line 11 Adaptation Planning Guide.
line 12 (III) Information from local agencies on the types of assets, line 13 resources, and populations that will be sensitive to various climate line 14 change exposures.
line 15 (IV) Information from local agencies on their current ability to line 16 deal with the impacts of climate change.
line 17 (V) Historical data on natural events and hazards, including line 18 locally prepared maps of areas subject to previous risk, areas that line 19 are vulnerable, and sites that have been repeatedly damaged. line 20 (VI) Existing and planned development in identified at-risk line 21 areas, including structures, roads, utilities, and essential public line 22 facilities.
line 23 (VII) Federal, state, regional, and local agencies with line 24 responsibility for the protection of public health and safety and line 25 the environment, including special districts and local offices of line 26 emergency services.
line 27 (B) A set of adaptation and resilience goals, policies, and line 28 objectives based on the information specified in subparagraph (A) line 29 for the protection of the community.
line 30 (C) A set of feasible implementation measures designed to carry line 31 out the goals, policies, and objectives identified pursuant to line 32 subparagraph (B), including, but not limited to, all of the following:
line 33 (i) Feasible methods to avoid or minimize climate change line 34 impacts associated with new uses of land.
line 35 (ii) The location, when feasible, of new essential public facilities line 36 outside of at-risk areas, including, but not limited to, hospitals and line 37 health care facilities, emergency shelters, emergency command line 38 centers, and emergency communications facilities, or identifying line 39 construction methods or other methods to minimize damage if line 40 these facilities are located in at-risk areas.
97 — 12 — SB 932
Item: 15
502
line 1 (iii)  The designation of adequate and feasible infrastructure line 2 located in an at-risk area.
line 3 (iv)  Guidelines for working cooperatively with relevant local, line 4 regional, state, and federal agencies.
line 5 (v)  The identification of natural infrastructure that may be used line 6 in adaptation projects, where feasible. Where feasible, the plan line 7 shall use existing natural features and ecosystem processes, or the line 8 restoration of natural features and ecosystem processes, when line 9 developing alternati ves for consideration. F or purposes of this line 10 clause, “natural infrastructure” means using natural ecological line 11 systems or processes to reduce vulnerability to climate change line 12 related hazards, or other related climate change ef fects, while line 13 increasing the long-term adapti ve capacity of coastal and inland line 14 areas by perpetuating or restoring ecosystem services. This line 15 includes, but is not limited to, the conserv ation, preservation, or line 16 sustainable management of an y form of aquatic or terrestrial line 17 vegetated open space, such as beaches, dunes, tidal marshes, reefs, line 18 seagrass, parks, rain g ardens, and urban tree canopies. It also line 19 includes systems and practices that use or mimic natural processes, line 20 such as permeable pa vements, bioswales, and other engineered line 21 systems, such as le vees that are combined with restored natural line 22 systems, to provide clean w ater, conserve ecosystem values and line 23 functions, and pro vide a wide array of benefits to people and line 24 wildlife.
line 25 (D)  (i)  If a city or county has adopted the local hazard line 26 mitigation plan, or other climate adaptation plan or document that line 27 fulfills commensurate goals and objecti ves and contains the line 28 information required pursuant to this paragraph, separate from the line 29 general plan, an attachment of, or reference to, the local hazard line 30 mitigation plan or other climate adaptation plan or document. line 31 (ii)  Cities or counties that ha ve an adopted hazard mitig ation line 32 plan, or other climate adaptation plan or document that substantially line 33 complies with this section, or ha ve substantially equi valent line 34 provisions to this subdivision in their general plans, may use that line 35 information in the safety element to comply with this subdivision, line 36 and shall summarize and incorporate by reference into the safety line 37 element the other general plan provisions, climate adaptation plan line 38 or document, specifically showing how each requirement of this line 39 subdivision has been met.
97 SB 932 — 13 —

Item: 15
503
line 1 (5) Upon the next revision of the housing element on or after line 2 January 1, 2020, the safety element shall be reviewed and updated line 3 as necessary to identify residential developments in any hazard line 4 area identified in the safety element that do not have at least two line 5 emergency evacuation routes.
line 6 (6) After the initial revision of the safety element pursuant to line 7 paragraphs (2), (3), (4), and (5), the planning agency shall review line 8 and, if necessary, revise the safety element upon each revision of line 9 the housing element or local hazard mitigation plan, but not less line 10 than once every eight years, to identify new information relating line 11 to flood and fire hazards and climate adaptation and resiliency line 12 strategies applicable to the city or county that was not available line 13 during the previous revision of the safety element. line 14 (7) Cities and counties that have flood plain management line 15 ordinances that have been approved by FEMA that substantially line 16 comply with this section, or have substantially equivalent line 17 provisions to this subdivision in their general plans, may use that line 18 information in the safety element to comply with this subdivision, line 19 and shall summarize and incorporate by reference into the safety line 20 element the other general plan provisions or the flood plain line 21 ordinance, specifically showing how each requirement of this line 22 subdivision has been met.
line 23 (8) Before the periodic review of its general plan and before line 24 preparing or revising its safety element, each city and county shall line 25 consult the California Geological Survey of the Department of line 26 Conservation, the Central Valley Flood Protection Board, if the line 27 city or county is located within the boundaries of the Sacramento line 28 and San Joaquin Drainage District, as set forth in Section 8501 of line 29 the Water Code, and the Office of Emergency Services for the line 30 purpose of including information known by and available to the line 31 department, the agency, and the board required by this subdivision. line 32 (9) To the extent that a county’s safety element is sufficiently line 33 detailed and contains appropriate policies and programs for line 34 adoption by a city, a city may adopt that portion of the county’s line 35 safety element that pertains to the city’s planning area in line 36 satisfaction of the requirement imposed by this subdivision. line 37 (h) (1)  An environmental justice element, or related goals, line 38 policies, and objectives integrated in other elements, that identifies line 39 disadvantaged communities within the area covered by the general line 40 plan of the city, county, or city and county, if the city, county, or 97 — 14 — SB 932
Item: 15
504
line 1 city and county has a disadv antaged community . The line 2 environmental justice element, or related en vironmental justice line 3 goals, policies, and objectives integrated in other elements, shall line 4 do all of the following:
line 5 (A)  Identify objecti ves and policies to reduce the unique or line 6 compounded health risks in disadvantaged communities by means line 7 that include, b ut are not limited to, the reduction of pollution line 8 exposure, including the impro vement of air quality , and the line 9 promotion of public facilities, food access, safe and sanitary homes, line 10 and physical activity.
line 11 (B)  Identify objectives and policies to promote civic engagement line 12 in the public decisionmaking process.
line 13 (C)  Identify objectives and policies that prioritize improvements line 14 and programs that address the needs of disadvantaged communities. line 15 (2)  A city, county, or city and county subject to this subdivision line 16 shall adopt or re view the en vironmental justice element, or the line 17 environmental justice goals, policies, and objecti ves in other line 18 elements, upon the adoption or ne xt re vision of tw o or more line 19 elements concurrently on or after January 1, 2018. line 20 (3)  By adding this subdivision, the Legislature does not intend line 21 to require a city , county, or city and county to tak e any action line 22 prohibited by the United States Constitution or the California line 23 Constitution.
line 24 (4)  For purposes of this subdivision, the following terms shall line 25 apply:
line 26 (A)  “Disadvantaged communities” means an area identified by line 27 the California En vironmental Protection Agency pursuant to line 28 Section 39711 of the Health and Safety Code or an area that is a line 29 low-income area that is disproportionately af fected by line 30 environmental pollution and other hazards that can lead to negative line 31 health effects, exposure, or environmental degradation. line 32 (B)  “Public f acilities” includes public impro vements, public line 33 services, and community amenities, as defined in subdivision (d) line 34 of Section 66000.
line 35 (C)  “Low-income area” means an area with household incomes line 36 at or belo w 80 percent of the state wide median income or with line 37 household incomes at or belo w the threshold designated as lo w line 38 income by the Department of Housing and Community line 39 Development’s list of state income limits adopted pursuant to line 40 Section 50093 of the Health and Safety Code.
97 SB 932 — 15 —

Item: 15
505
line 1 SEC. 3. It is the intent of the Legislature to create an annual line 2 grant program, and an appropriation thereof, to be awarded to any line 3 county or city for the purposes of meeting the requirements of line 4 Section 65302 of the Government Code, as amended by this act, line 5 upon a showing of its implementation of timely and effective line 6 short-term efforts to mitigate bicycle, pedestrian, and other line 7 human-powered transportation injuries and fatalities. It is the intent line 8 of the Legislature that the creation of this grant program will line 9 incentivize any county or city with few financial resources to take line 10 small, affordable steps towards fulfilling its traffic and street safety line 11 goals.
line 12 SEC. 4. No reimbursement is required by this act pursuant to line 13 Section 6 of Article XIIIB of the California Constitution because line 14 a local agency or school district has the authority to levy service line 15 charges, fees, or assessments sufficient to pay for the program or line 16 level of service mandated by this act, within the meaning of Section line 17 17556 of the Government Code.

O
97 — 16 — SB 932
Item: 15
506