November 1, 2022
LAKE FOREST CITY COUNCIL AGENDA Page 1
AGENDA
LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, November 1, 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#.
November 1, 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 (Item Nos. 1 – 2)
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. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(D)(1)
NUMBER OF CASES: 1
CASE NAME: CITY OF LAKE FOREST V. SANCTUARY CHURCH
CANNABIS DISPENSARY A.K.A. HOUSE OF HEALING CANNABIS
DISPENSARY
OCSC CASE NO.: 30-2022-01268397-CU-MC-CJC
RECOMMENDED ACTION: Conduct Closed Session.
2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(D)(4)
NUMBER OF POTENTIAL CASES: 3
RECOMMENDED ACTION: Conduct Closed Session.
November 1, 2022
LAKE FOREST CITY COUNCIL AGENDA Page 3
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.
PUBLIC SESSION: 6:30 p.m.
PUBLIC SESSION: At this time, the City Council will convene to consider public matters. Those wishing to address the City Council must submit a completed “Request to Speak” form to the City Clerk prior to City Council action.
INVOCATION: The Invocation will be provided by Pastor Jason Williams, Saddleback Church, Lake Forest.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Council Member Voigts.
CLOSED SESSION REPORT: City Attorney will report on Closed Session.
REPORT FROM STUDENT LIAISON: Report from Sam Quiambao, Student Liaison from El Toro High School.
PRESENTATIONS: (Item Nos. 3 – 4)
3. CERTIFICATE OF CONGRATULATIONS TO RETIRING ORANGE
COUNTY FIRE AUTHORITY DIVISION CHIEF MIKE CONTRERAS
RECOMMENDED ACTION: Approve as submitted.
4. LAKE FOREST CHAMBER OF COMMERCE SEMI-ANNUAL UPDATE
RECOMMENDED ACTION: Receive and file a presentation from the Lake Forest Chamber of Commerce.
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 remotel y 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#.
November 1, 2022
LAKE FOREST CITY COUNCIL AGENDA Page 4
CONSENT CALENDAR (Item Nos. 5 – 11)
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.
5. 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.
6. CERTIFICATION OF WARRANT REGISTER
RECOMMENDED ACTION: Approve the warrant register in the amount of $3,923,469.65 as submitted
7. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON OCTOBER 18, 2022
RECOMMENDED ACTION: Approve as submitted.
8. MONTHLY TREASURER'S REPORT - SEPTEMBER 2022
RECOMMENDED ACTION: Receive and file.
9. FOURTH AMENDMENT TO THE AGREEMENT WITH CARLSON
STRATEGIC LAND SOLUTIONS, INC. FOR ENVIRONMENTAL PERMIT
IMPLEMENTATION SERVICES
RECOMMENDED ACTION: 1. Approve the Fourth Amendment to the Professional Consultant Services Agreement with Carlson Strategic Land Solutions, Inc.
2. Authorize the Mayor to sign, and the City Clerk to attest, the Fourth Amendment substantially in the form attached.
10. AWARD CONSTRUCTION CONTRACT FOR THE PORTOLA PARK
LIGHTING PROJECT (PW 2017-16A)
RECOMMENDED ACTION: 1. Approve contract documents for
construction of Portola Park Lighting project.
November 1, 2022
LAKE FOREST CITY COUNCIL AGENDA Page 5
2. Accept Energy Management Pros request to withdraw its bid due to clerical errors.
3. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2021- 2028 CAPITAL IMPROVEMENT PLAN, AMENDING APPROPRIATIONS
FOR FISCAL YEAR 2022-23
4. Award a Construction Contract in the amount of $354,760.00 to Delta Electric, LLC.
5. Reject all other bids received and authorize return of the bid bonds upon receipt of the executed contract documents from Delta Electric, LLC.
6. Authorize the Mayor to Sign and the City Clerk to attest the Contract with Delta Electric, LLC.
11. AWARD AGREEMENT FOR BIENNIAL RESIDENT AND BUSINESS
SATISFACTION SURVEY SERVICES
RECOMMENDED ACTION: 1. Award the Professional Services Agreement with True North Research Inc. in the amount of $142,650 for survey services for the 2023, 2025, and 2027 Resident and Business Satisfaction Surveys.
2. Authorize the Mayor to sign, and the City Clerk to attest, the award of Agreement, substantially in the form attached.
DISCUSSION/ACTION ITEMS (Item Nos. 12 – 14)
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.
12. RESOLUTION TO ESTABLISH TEMPORARY ON-STREET PARKING
ON PORTOLA PARKWAY BETWEEN PALOMA AND END OF
ROADWAY
RECOMMENDED ACTION: Adopt a Resolution entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST,
CALIFORNIA, ESTABLISHING TEMPORARY ON-STREET PARKING
ON PORTOLA PARKWAY BETWEEN PALOMA AND END OF
ROADWAY
November 1, 2022
LAKE FOREST CITY COUNCIL AGENDA Page 6
13. AFFORDABLE SENIOR HOUSING COVENANT AND PROMISSORY
NOTE SECURED BY DEED OF TRUST WITH MEADOWS SENIORS LP.
RECOMMENDED ACTION: Authorize the City Manager to sign the Affordable Senior Housing Covenant and Promissory Note Secured by Deed of Trust.
14. CONSIDERATION OF ORDINANCE REGULATING E-BIKES AND
MAKING VARIOUS UPDATES TO THE LAKE FOREST MUNICIPAL CODE
RECOMMENDED ACTION: Introduce for first reading an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING VARIOUS SECTIONS OF TITLES 2, 12, AND 13 OF THE LAKE FOREST MUNICIPAL CODE TO MAKE MINOR REFINEMENTS, CORRECTIONS, CLEAN-UP AMENDMENTS; AND
ADDING CHAPTER 13.22 PROHIBITING THE USE OF OPEN FLAMES ON PUBLIC PROPERTY; AND DETERMINING THE ORDINANCE TO BE
EXEMPT FROM CEQA
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:
November 1, 2022
LAKE FOREST CITY COUNCIL AGENDA Page 7
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 October 27, 2022.
Lisa Berglund
City Clerk
CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/1/2022
DEPARTMENT: City Clerk
SUBJECT:
CERTIFICATE OF CONGRATULATIONS TO RETIRING ORANGE COUNTY
FIRE AUTHORITY DIVISION CHIEF MIKE CONTRERAS
RECOMMENDED ACTION(S):
Approve as submitted.
EXECUTIVE SUMMARY:
Division Chief Mike Contreras has provided 33 years of dedicated service to the Orange County region. During his years of service with the Orange County Fire Authority, Chief Contreras held numerous assignments, including training officer, recruit academy instructor, academy fitness coordinator, academy coordinator, department safety officer, hazardous material specialist, assistant public information officer, and is a member of the department’s urban search and rescue team. He has managed the day-to-day operations of a large, diverse geographic division serving more than 247,000 residents. Division Chief Contreras’ responsibilities also included oversight of nine fire stations that respond to more than 20,000 calls each year. It would be appropriate for the City Council to commend Division Chief Mike Contreras for his contributions and offer its best wishes for his retirements.
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
ATTACHMENTS:
Certificate of Congratulations
Initiated By: Lisa Berglund, City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 3
8 CERTIFICATE OF CONGRATULATIONS
THE LAKE FOREST CITY COUNCIL
CONGRATULATES
Division Chief
Mike Contreras
upon his retirement from the Orange County Fire
Authority. We thank you for your devotion and
dedication to the City of Lake Forest.
November 1, 2022
________________________
ROBERT PEQUEÑO
MAYOR
________________________
DOUG CIRBO
MAYOR PRO TEM
________________________
SCOTT VOIGTS
COUNCIL MEMBER
________________________
MARK TETTEMER
COUNCIL MEMBER
________________________
NEEKI MOATAZEDI
COUNCIL MEMBER
Item: 3
9 CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/1/2022
DEPARTMENT: Economic Development
SUBJECT:
LAKE FOREST CHAMBER OF COMMERCE SEMI-ANNUAL UPDATE
RECOMMENDED ACTION(S):
Receive and file a presentation from the Lake Forest Chamber of Commerce.
EXECUTIVE SUMMARY:
Since January 2010, the City of Lake Forest has contracted with the Lake Forest Chamber of Commerce (“Chamber”) for general and specific business services.
The agreement has proven effective in reinforcing the City’s business development and marketing goals while providing a wider range of business events and services to the business community. As part of the agreement, the Chamber plans and implements co-sponsored business events, provides resources and support to Lake Forest businesses, and assists staff with event programming efforts to help advance the goals of the City’s business development and attraction program.
The Contractual Services Agreement with the Lake Forest Chamber of Commerce (“Agreement”) covers Fiscal Year (“FY”) 2022-23. The Agreement outlines nine specific events and programs the Chamber shall coordinate to promote the City’s positive business climate and offer professional development opportunities. The list of events and programs is outlined in Table 1 below:
Table 1: FY 2022-23 Events and Programs
Event/Program Date Location
Legislative Luncheon July 8, 2022 Community Center
Business Mixer (1) October 10, 2022 Community Center
Elf Yourself 5K November 19, 2022 Sports Park
New Business Reception January 18, 2023 Community Center Social Media Workshop February 23, 2023 Community Center State of the City/
Meet the Mayor TBD Community Center
Business Seminar & Expo April 21, 2023 Community Center Business Mixer (2) May 18, 2023 Community Center
Item: 4
10 Event/Program Date Location
Job Fair June 30, 2023 Community Center
The City and the Chamber has co-sponsored two out of the nine events to date.
The State of the City/Meet the Mayor date will be set once the Mayor is appointed for the 2023 Calendar Year.
Chamber Chief Executive Officer, Mary Visconte, will provide a presentation updating the City Council on Chamber activity.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
None.
Initiated By: Hope Hairrell, Management Assistant
Submitted By: Adrian Grijalva, Senior Management Analyst Approved By: Debra Rose, City Manager
Item: 4
11 CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/1/2022
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: 5
12 CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/1/2022
DEPARTMENT: Finance
SUBJECT:
CERTIFICATION OF WARRANT REGISTER
RECOMMENDED ACTION(S):
Approve the warrant register in the amount of $3,923,469.65 as submitted EXECUTIVE SUMMARY:
In accordance with Government Code Section 37202 and Lake Forest Municipal Code Chapter 3.16, the officials below certify that 1) the invoices of the warrant register have been properly reviewed and 2) funds are available for payment of the warrants.
FISCAL IMPACT:
The amount of the warrant register is $3,923,469.65.
ATTACHMENTS:
Warrant Register
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
Item: 6
13 ATTACHMENT
Item: 6
14 This warrant register includes:
Total manual warrants - $
Total current warrants 3,923,469.65$
Grand total warrant register 3,923,469.65$
The following warrants are in excess of $10,000:
AMOUNT
ABTECH TECHNOLOGIES INC. 69733 104,030.20
ABTECH TECHNOLOGIES INC. 69690 30,083.32
ALL CITIES ENGINEERING INC 69735 161,502.49
ALL CITY MANAGEMENT 69691 14,703.45
AMERICAN ASPHALT SOUTH, INC. 69777 112,544.13
ANNEALTA GROUP 69737 11,340.62
ARDURRA GROUP INC 69779 115,391.75
BEST BEST & KRIEGER LLP 69739 59,233.40
BRIGHTVIEW LANDSCAPE SERVICES 69663 137,705.74
BRIGHTVIEW LANDSCAPE SERVICES 69782 134,080.74
BRIGHTVIEW LANDSCAPE SERVICES 69695 20,820.42
CHARLES ABBOTT ASSOCIATES INC 69697 69,156.78
CLEARGOV INC. 69665 24,878.11
COUNTY OF ORANGE 69698 13,500.00
COUNTY OF ORANGE TREASURER-TAX 69667 1,635,487.05
DIAMOND CONSTRUCTION 69788 116,087.77
ECONOMICS INC. 69669 15,880.81
ECONOMICS INC. 69748 11,133.34
EL TORO WATER DISTRICT 69749 42,751.41
EL TORO WATER DISTRICT 69670 39,613.39
ELEGANT CONSTRUCTION INC. 69750 91,675.00
IRVINE RANCH WATER DISTRICT 69672 76,382.78
IRVINE RANCH WATER DISTRICT 69752 73,854.50
ITERIS, INC. 69753 52,875.19
JAMEY CLARK INC. 69673 33,406.12
KIDDER MATHEWS OF CALIFORNIA 69796 44,912.20
NIEVES LANDSCAPE INC. 69716 163,745.36
RICK ENGINEERING COMPANY 69803 39,516.40
RICK ENGINEERING COMPANY 69678 25,938.14
SKYHAWKS SPORTS ACADEMY 69722 16,860.20
SOUTHERN CALIFORNIA EDISON 69766 100,705.18
SOUTHERN CALIFORNIA EDISON 69807 15,382.33
SOUTHERN CALIFORNIA PRECISION 69808 20,605.50
SUPERIOR PROPERTY SERVICES INC 69727 11,500.00
THOMAS J. O'CONNELL 69681 12,045.33
U.S. BANK CORPORATE PAYMENT 69813 29,774.73
WEST COAST ARBORISTS, INC. 69774 38,789.00
U.S. BANK CORPORATE PAYMENT 69612 33,187.26
WEST COAST ARBORISTS, INC. 69655 46,398.00
WEST COAST ARBORISTS, INC. 69586 31,382.00
Department: Designation: Designation:
City Clerk (CC) Finance (F)
City Manager (CM) Management Services (MS)
Community Development (CD) Public Works (PW)
Community Services (CS) Police Services (PS)
City of Lake Forest
Warrant Register
October 2022
Department:
Item: 6
15 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
1Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 93420
0.0010/13/2022 69687OP
10/13/20222613
10/13/2022
10/13/2022NAME TAGS FLORES & MUIR (PS) 120256A SOURCE OF PRIDE
50.109110545
0.00 ARROYO GRANDE
Total: 69687Check No. 50.10
Total for A SOURCE OF PRIDE 50.10
CA 92618
0.0010/20/2022 69732OP
10/20/2022011845
10/20/2022OCT (CM)
10/20/2022LOW VOLTAGE MAINTENANCE 120417A&H COMMUNICATIONS INC 4,858.33980002022
0.00 IRVINE
Total: 69732Check No. 4,858.33
Total for A&H COMMUNICATIONS INC 4,858.33
CA 92691
0.0010/13/2022 69688OP
10/13/202201029
10/13/2022PARK SEP (PW)
10/13/2022REPLACE BACKFLOW DEVICES ALTO 120264A.C. LANDSCAPE INC. 1,664.2920971
0.00 MISSION VIEJO
Total: 69688Check No. 1,664.29
Total for A.C. LANDSCAPE INC. 1,664.29
CA 91731
0.0010/13/2022 69689OP
10/13/2022011791
10/13/20229/24 (CS)
10/13/2022SECURITY SERVICES FOR 9/2 & 120322ABSOLUTE SECURITY INTERNATIONA 256.412020105991
0.00 ABSOLUTE INTERNATIONAL SECURIT
EL MONTE
Total: 69689Check No. 256.41
Total for ABSOLUTE SECURITY INTERNATIONA 256.41
CA 92081
0.0010/13/2022 69690OP
10/13/2022011409
10/13/2022
10/13/2022IT MANAGED SERVICES OCT (CM) 120295ABTECH TECHNOLOGIES INC. 29,223.50W203281-IN
0.00 VISTA
CA 92081
0.0010/13/2022 69690OP
10/13/2022011409
10/13/2022(CM)
10/13/2022REPLACE WQ MOBILE PRINTERS 120296ABTECH TECHNOLOGIES INC. 859.822208049-IN
0.00 VISTA
Total: 69690Check No. 30,083.32
Item: 6
16 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
2Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 92081
0.0010/20/2022 69733OP
10/20/2022011409
10/20/2022OCT (CM)
10/20/2022SAN REPLACEMENT EQUIPMENT 120418ABTECH TECHNOLOGIES INC. 103,508.962209020-IN
0.00 VISTA
CA 92081
0.0010/20/2022 69733OP
10/20/2022011409
10/20/2022(CM)
10/20/2022UPS REPLACEMENT BATTERY 120419ABTECH TECHNOLOGIES INC. 521.242209064-IN
0.00 VISTA
Total: 69733Check No. 104,030.20
Total for ABTECH TECHNOLOGIES INC. 134,113.52
PA 15250-7878
0.0010/06/2022 69656OP
10/06/202201983
10/06/2022SPORTS PARK (CM)
10/06/2022SECURITY QUARTERLY SERVICE 120185ADT SECURITY SERVICES 203.70945568416
0.00 PITTSBURGH
Total: 69656Check No. 203.70
PA 15250-7878
0.0010/20/2022 69734OP
10/20/202201983
10/20/202211/18 SKATE PARK (CM)
10/20/2022SECURITY MONITORING 10/19 - 120420ADT SECURITY SERVICES
59.69947733729
0.00 PITTSBURGH
PA 15250-7878
0.0010/20/2022 69734OP
10/20/202201983
10/20/202201/17/23 HEROES PARK (CM)
10/20/2022SECURITY MONITORING 10/18 - 120421ADT SECURITY SERVICES 155.97947584767
0.00 PITTSBURGH
Total: 69734Check No. 215.66
Total for ADT SECURITY SERVICES 419.36
CA 92630
0.0010/06/2022 69657OP
10/06/20221940
10/06/2022(CS)
10/06/2022SENIOR MOBILITY PROGRAM AUG 120187AGE WELL SENIOR SERVICES 5,016.000822
0.00 LAKE FOREST
Total: 69657Check No. 5,016.00
Total for AGE WELL SENIOR SERVICES 5,016.00
CA 92509
0.0010/20/2022 69735OP
10/20/2022011891
10/20/2022OCT (PW)
10/20/2022SAFE STEP IMPROVEMENT PROJECT 120427ALL CITIES ENGINEERING INC 161,502.492047 1
0.00 JURUPA VALLEY
Total: 69735Check No. 161,502.49
Item: 6
17 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
3Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
Total for ALL CITIES ENGINEERING INC 161,502.49
CA 90084
0.0010/13/2022 69691OP
10/13/20220126
10/13/2022CONTRACT SERVICES
10/13/2022CROSSING GUARD 9/4-9/17 120253ALL CITY MANAGEMENT 14,703.4579779
0.00 SERVICES, INC.
LOS ANGELES
Total: 69691Check No. 14,703.45
Total for ALL CITY MANAGEMENT 14,703.45
CA 92688
0.0010/13/2022 69692OP
10/13/2022011774
10/13/2022PARK SEP (PW)
10/13/2022BEE / WASP TREATMENT PEACHWOOD 120265ALLURE PEST MANAGEMENT INC. 150.0073181
0.00 RANCHO SANTA MARGARITA
Total: 69692Check No. 150.00
CA 92688
0.0010/20/2022 69736OP
10/20/2022011774
10/20/2022EL TORO/TRABUCO RDS (PW)
10/20/2022BEE / WASP TREATMENT OCT 120422ALLURE PEST MANAGEMENT INC. 150.0074255
0.00 RANCHO SANTA MARGARITA
Total: 69736Check No. 150.00
Total for ALLURE PEST MANAGEMENT INC. 300.00
CA 92614
0.0010/27/2022 69776OP
10/27/2022011426
10/27/2022
10/27/2022CDBG SUBRECIPIENT 1ST QTR (CD) 120539ALZHEIMER'S ORANGE COUNTY 1,250.00JUL - SEP 2022
0.00 IRVINE
Total: 69776Check No. 1,250.00
Total for ALZHEIMER'S ORANGE COUNTY 1,250.00
CA 92331
0.0010/27/2022 69777OP
10/27/202201049
10/27/2022SEP PW 2021-05A (PW)
10/27/2022SLURRY SEAL PROJECT ZONE F 120535AMERICAN ASPHALT SOUTH, INC. 112,544.13PROGRESS PAYMENT 3
0.00 FONTANA
Total: 69777Check No. 112,544.13
Total for AMERICAN ASPHALT SOUTH, INC. 112,544.13
CA 60197-4291
0.0010/06/2022 69658OP
07/21/2022010538
07/21/202210/1/22 - 9/30/23 (CD)
07/21/2022APA MEMBERSHIP RENEWAL 119286AMERICAN PLANNING ASSOCIATION 788.00145859-220703
0.00 LOCK BOX 4291
CAROL STREAM
Item: 6
18 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
4Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
Total: 69658Check No. 788.00
Total for AMERICAN PLANNING ASSOCIATION 788.00
IL 60197-4291
0.0010/27/2022 69778OP
10/27/202201001
10/27/2022SANTOS (CD)
10/27/2022MEMBERSHIP DUES FY 22-23 120507AMERICAN PLANNING 507.00106458-22102
0.00 ASSOCIATION SUBSCRIPTIONS
CAROL STREAM
Total: 69778Check No. 507.00
Total for AMERICAN PLANNING 507.00
CA 90240
0.0010/06/2022 69659OP
10/06/2022011482
10/06/2022
10/06/2022REHAB LOAN FEES CLARKE (CD) 120186AMERINAT
260.00FS-5517
0.00 RECEIVABLES DEPARTMENT
DOWNEY
Total: 69659Check No. 260.00
Total for AMERINAT 260.00
CA 92649
0.0010/20/2022 69737OP
10/20/2022011785
10/20/2022MIXED USE TRACT 17821 (PW)
10/20/2022DEVELOPMENT INSPECTION SEP 120423ANNEALTA GROUP 120.002557
0.00 HUNTINGTON BEACH
CA 92649
0.0010/20/2022 69737OP
10/20/2022011785
10/20/2022AREA C-PORTOLA CENTER (PW)
10/20/2022DEVELOPMENT INSPECTION SEP 120424ANNEALTA GROUP 8,670.312556
0.00 HUNTINGTON BEACH
CA 92649
0.0010/20/2022 69737OP
10/20/2022011785
10/20/2022LANDSEA SOUTH PA-5 TRACT 15353
10/20/2022DEVELOPMENT INSPECTION SEP 120425ANNEALTA GROUP 2,550.312555
0.00 HUNTINGTON BEACH
Total: 69737Check No. 11,340.62
Total for ANNEALTA GROUP 11,340.62
CA 90248
0.0010/13/2022 69693OP
10/13/2022010902
10/13/2022VETERAN'S PARK (PW)
10/13/2022LAKE MAINTENANCE SEP 120282AQUABIO ENVIRONMENTAL 3,095.00101625
0.00 TECHNOLOGIES
GARDENA
Total: 69693Check No. 3,095.00
Total for AQUABIO ENVIRONMENTAL 3,095.00
Item: 6
19 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
5Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
FL 33623
0.0010/27/2022 69779OP
10/27/2022011711
10/27/2022APPLICAION REVIEW (PW)
10/27/2022PROFESSIONAL SVCS SEP 120549ARDURRA GROUP INC 787.50129393B
0.00 TAMPA
FL 33623
0.0010/27/2022 69779OP
10/27/2022011711
10/27/2022PERMIT REVIEW (PW)
10/27/2022PROFESSIONAL SVCS SEP 120550ARDURRA GROUP INC 79,749.25129393C
0.00 TAMPA
FL 33623
0.0010/27/2022 69779OP
10/27/2022011711
10/27/2022INSPECTION (PW)
10/27/2022PROFESSIONAL SVCS SEP 120551ARDURRA GROUP INC 28,412.50129393D
0.00 TAMPA
FL 33623
0.0010/27/2022 69779OP
10/27/2022011711
10/27/2022CAPITAL IMPROVEMENTS (PW)
10/27/2022PROFESSIONAL SVCS SEP 120552ARDURRA GROUP INC 5,902.50129393E
0.00 TAMPA
FL 33623
0.0010/27/2022 69779OP
10/27/2022011711
10/27/2022WATER QUALITY MGMT (PW)
10/27/2022PROFESSIONAL SVCS SEP 120553ARDURRA GROUP INC 540.00129393F
0.00 TAMPA
Total: 69779Check No. 115,391.75
Total for ARDURRA GROUP INC 115,391.75
MA 02186
0.0010/27/2022 69780OP
10/27/2022011050
10/27/2022
10/27/2022FLEET GPS UNITS OCT (F) 120492ASSURED TELEMATICS INC. 291.0097786
0.00 MILTON
Total: 69780Check No. 291.00
Total for ASSURED TELEMATICS INC. 291.00
IL 60197-9011
0.0010/06/2022 69661OP
10/06/2022011084
10/06/2022CENTER (CM)
10/06/2022ANALOG PHONE LINES SEP CIVIC 120190AT&T CALNET3 326.35339 000018780267
0.00 CAROL STREAM
Total: 69661Check No. 326.35
IL 60197-9011
0.0010/13/2022 69694OP
10/13/2022011084
10/13/2022
10/13/2022PARK UTILITIES SEP (PW) 120262AT&T CALNET3
49.74157 000018834885
0.00 CAROL STREAM
Total: 69694Check No. 49.74
Item: 6
20 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
6Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
IL 60197-9011
0.0010/20/2022 69738OP
10/20/2022011084
10/20/2022
10/20/2022MPS UTILITIES SEP (PW) 120426AT&T CALNET3
124.35257 000018884055
0.00 CAROL STREAM
Total: 69738Check No. 124.35
IL 60197-9011
0.0010/27/2022 69781OP
10/27/2022011084
10/27/2022CIVIC CENTER (CM)
10/27/2022ANALOG PHONE LINES OCT 120499AT&T CALNET3
318.51339 000018925570
0.00 CAROL STREAM
Total: 69781Check No. 318.51
Total for AT&T CALNET3 818.95
IL 60197-5019
0.0010/06/2022 69660OP
10/06/202219083
10/06/2022CENTER (CM)
10/06/2022INTERNET SERVICE SEP CIVIC 120189AT&T
1,287.103944 7874903709
0.00 CAROL STREAM
Total: 69660Check No. 1,287.10
Total for AT&T 1,287.10
CA 92879
0.0010/06/2022 69662OP
10/06/2022011886
10/06/2022BATTERIES CIVIC CTR AUG (PW)
10/06/2022QUARTERLY MAINTENANCE, 120188AUTOMATED GATE SERVICES INC 144.0076080774
0.00 CORONA
Total: 69662Check No. 144.00
Total for AUTOMATED GATE SERVICES INC 144.00
CA 90074-3074
0.0010/20/2022 69739OP
10/20/20220233
10/20/2022
10/20/2022LEGAL SERVICES JUL (CM) 120473BEST BEST & KRIEGER LLP 59,233.4022-07
0.00 LOS ANGELES
Total: 69739Check No. 59,233.40
Total for BEST BEST & KRIEGER LLP 59,233.40
CA 92780
0.0010/20/2022 69740OP
10/20/2022011859
10/20/2022SPOOKTACULAR 10/22 (CS)
10/20/2022BALLOON & FACE PAINTING ARTIST 120428BRANDON FRANCO 1,000.001137
0.00 BALLOONIGAMI
TUSTIN
Total: 69740Check No. 1,000.00
Item: 6
21 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
7Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
Total for BRANDON FRANCO 1,000.00
CA 91110-2463
0.0010/06/2022 69663OP
10/06/2022011265
10/06/2022CENTER SEP (PW)
10/06/2022MONTHLY MAINTENANCE CIVIC 120191BRIGHTVIEW LANDSCAPE SERVICES 3,625.0022507654
0.00 INC.
PASADENA
CA 91110-2463
0.0010/06/2022 69663OP
10/06/2022011265
10/06/2022PARKS (PW)
10/06/2022MONTHLY MAINTENANCE SEP SPORTS 120192BRIGHTVIEW LANDSCAPE SERVICES 77,355.718072778
0.00 INC.
PASADENA
CA 91110-2463
0.0010/06/2022 69663OP
10/06/2022011265
10/06/2022(PW)
10/06/2022MONTHLY MAINTENANCE LFSP SEP 120193BRIGHTVIEW LANDSCAPE SERVICES 56,725.038072777
0.00 INC.
PASADENA
Total: 69663Check No. 137,705.74
CA 91110-2463
0.0010/13/2022 69695OP
10/13/2022011265
10/13/2022PORTOLA PARK AUG (PW)
10/13/2022PURCHASE/INSTALL FURNITURE 120288BRIGHTVIEW LANDSCAPE SERVICES 20,820.4216854246
0.00 INC.
PASADENA
Total: 69695Check No. 20,820.42
CA 91110-2463
0.0010/27/2022 69782OP
10/27/2022011265
10/27/2022LFSP (PW)
10/27/2022MONTHLY MAINTENANCE OCT 120529BRIGHTVIEW LANDSCAPE SERVICES 56,725.038112843
0.00 INC.
PASADENA
CA 91110-2463
0.0010/27/2022 69782OP
10/27/2022011265
10/27/2022SPORTS PARKS (PW)
10/27/2022MONTHLY MAINTENANCE OCT 120530BRIGHTVIEW LANDSCAPE SERVICES 77,355.718112844
0.00 INC.
PASADENA
Total: 69782Check No. 134,080.74
Total for BRIGHTVIEW LANDSCAPE SERVICES 292,606.90
CA 95811
0.0010/27/2022 69783OP
10/27/20220356
10/27/2022MEETING (SHIRAH) (F)
10/27/2022ORANGE COUNTY CHAPTER 120541CALIFORNIA SOCIETY OF
30.00200014787
0.00 SACRAMENTO
CA 95811
0.0010/27/2022 69783OP
10/27/20220356
10/27/2022MEETING (MEZA) (F)
10/27/2022ORANGE COUNTY CHAPTER 120542CALIFORNIA SOCIETY OF
30.00200014786
0.00 SACRAMENTO
Total: 69783Check No. 60.00
Item: 6
22 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
8Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
Total for CALIFORNIA SOCIETY OF 60.00
CA 92707
0.0010/06/2022 69664OP
10/06/2022011222
10/06/2022
10/06/2022SENIOR TRANSPORTATION AUG (CS) 120194CALIFORNIA YELLOW CAB 1,079.128508022
0.00 SANTA ANA
Total: 69664Check No. 1,079.12
Total for CALIFORNIA YELLOW CAB 1,079.12
CA 92679
0.0010/13/2022 69696OP
10/13/2022031602
10/13/2022(CS)
10/13/2022SPOOKTACULAR HAY BALES 120332CANYON FEED & TACK 199.3460653
0.00 TRABUCO CANYON
Total: 69696Check No. 199.34
Total for CANYON FEED & TACK 199.34
CA 92691
0.0010/13/2022 69697OP
10/13/20220308
10/13/2022
10/13/2022STREET MAINTENANCE SEP (PW) 120289CHARLES ABBOTT ASSOCIATES INC 69,156.7864782
0.00 MISSION VIEJO
Total: 69697Check No. 69,156.78
Total for CHARLES ABBOTT ASSOCIATES INC 69,156.78
CA 92653
0.0010/20/2022 69741OP
10/20/20220309
10/20/2022JUL (PW)
10/20/2022STREET LIGHT REIMBURSEMENT 120475CITY OF LAGUNA HILLS
9.44CLH00614
0.00 LAGUNA HILLS
Total: 69741Check No. 9.44
Total for CITY OF LAGUNA HILLS 9.44
MA 01754
0.0010/06/2022 69665OP
10/06/2022011553
10/06/2022FY22-23 (F)
10/06/2022CLEARGOV BUDGET & TRANSPARENCY 120247CLEARGOV INC. 24,878.112022-12224
0.00 MAYNARD
Total: 69665Check No. 24,878.11
Total for CLEARGOV INC. 24,878.11
Item: 6
23 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
9Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 91110-2443
0.0010/06/2022 69666OP
10/06/2022011712
10/06/2022STATEMENTS (F)
10/06/2022INTERIM BILLING FINANCIAL 120248CLIFTONLARSONALLEN LLP 4,200.003423066
0.00 PASADENA
Total: 69666Check No. 4,200.00
Total for CLIFTONLARSONALLEN LLP 4,200.00
IL 60678
0.0010/20/2022 69742OP
10/20/2022011322
10/20/2022
10/20/2022CAMERA MAINTENANCE SEP (CM) 120431CONVERGINT TECHNOLOGIES LLC 2,917.33338590
0.00 CHICAGO
Total: 69742Check No. 2,917.33
Total for CONVERGINT TECHNOLOGIES LLC 2,917.33
IL 60693
0.0010/20/2022 69743OP
10/20/2022011314
10/20/2022
10/20/2022COMMERCIAL PROPERTIES OCT (CM) 120429COSTAR REALTY INFORMATION INC. 285.82120142779
0.00 CHICAGO
Total: 69743Check No. 285.82
Total for COSTAR REALTY INFORMATION INC. 285.82
CA 92702
0.0010/06/2022 69667OP
10/06/2022031362
10/06/2022
10/06/2022LAW ENFORCEMENT OCT (PS) 120252COUNTY OF ORANGE TREASURER-TAX 1,635,487.05SH 63230
0.00 COLLECTOR
SANTA ANA
Total: 69667Check No. 1,635,487.05
Total for COUNTY OF ORANGE TREASURER-TAX 1,635,487.05
CA 92701
0.0010/13/2022 69698OP
10/13/2022011889
10/13/2022(PW)
10/13/2022RIGHT OF WAY ACQUISITION PYMT 120333COUNTY OF ORANGE 13,500.0010/05/2022
0.00 REAL ESTATE SERVICES
SANTA ANA
Total: 69698Check No. 13,500.00
Total for COUNTY OF ORANGE 13,500.00
AZ 85072-3280
0.0010/20/2022 69744OP
10/20/202203003
10/20/2022SERVICES OCT (CM)
10/20/2022TELEPHONE, INTERNET, CABLE 120430COX COMMUNICATIONS 2,113.803601 10/01/2022
0.00 PHOENIX
Item: 6
24 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
10Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
Total: 69744Check No. 2,113.80
AZ 85072-3280
0.0010/27/2022 69784OP
10/27/202203003
10/27/2022OCT (CM)
10/27/2022CABLE SERVICES 120501COX COMMUNICATIONS
140.731201 10/12/2022
0.00 PHOENIX
Total: 69784Check No. 140.73
Total for COX COMMUNICATIONS 2,254.53
CA 92704
0.0010/06/2022 69668OP
10/06/2022011525
10/06/2022CENTER EVENT 9/25 (CS)
10/06/2022JANITORIAL SERVICES COMMUNITY 120195CROWN FACILITY SOLUTIONS 368.49601
0.00 SANTA ANA
CA 92704
0.0010/06/2022 69668OP
10/06/2022011525
10/06/2022TOURNAMENT LFSP SEP (CS)
10/06/2022JANITORIAL SERVICES FOR SCMAF 120196CROWN FACILITY SOLUTIONS 218.32602
0.00 SANTA ANA
CA 92704
0.0010/06/2022 69668OP
10/06/2022011525
10/06/2022CENTER EVENT 9/27 (CS)
10/06/2022JANITORIAL SERVICES COMMUNITY 120197CROWN FACILITY SOLUTIONS
88.70607
0.00 SANTA ANA
Total: 69668Check No. 675.51
CA 92704
0.0010/13/2022 69699OP
10/13/2022011525
10/13/2022
10/13/2022JANITORIAL SERVICES OCT (PW) 120290CROWN FACILITY SOLUTIONS 5,220.13637
0.00 SANTA ANA
CA 92704
0.0010/13/2022 69699OP
10/13/2022011525
10/13/2022EVENT COMMUNITY CTR 10/1 (CS)
10/13/2022JANITORIAL SERVICES 120291CROWN FACILITY SOLUTIONS 368.49695
0.00 SANTA ANA
CA 92704
0.0010/13/2022 69699OP
10/13/2022011525
10/13/2022TOURNAMENT 10/1-10/2 (CS)
10/13/2022JANITORIAL SERVICES FOR 120320CROWN FACILITY SOLUTIONS 327.48687
0.00 SANTA ANA
Total: 69699Check No. 5,916.10
CA 92704
0.0010/20/2022 69745OP
10/20/2022011525
10/20/2022TOURNAMENT 10/8 - 10/9 (CS)
10/20/2022JANITORIAL SERVICES FOR LFSP 120476CROWN FACILITY SOLUTIONS 218.32715
0.00 SANTA ANA
Total: 69745Check No. 218.32
Item: 6
25 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
11Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 92704
0.0010/27/2022 69785OP
10/27/2022011525
10/27/2022DEEP CLEAN 9/30 (PW)
10/27/2022JANITORIAL SERVICES SNACK BAR 120517CROWN FACILITY SOLUTIONS 300.00698
0.00 SANTA ANA
CA 92704
0.0010/27/2022 69785OP
10/27/2022011525
10/27/2022COMMUNITY CTR 10/12 (CS)
10/27/2022JANITORIAL SERVICES EVENT 120518CROWN FACILITY SOLUTIONS 368.49724
0.00 SANTA ANA
CA 92704
0.0010/27/2022 69785OP
10/27/2022011525
10/27/2022COMMUNITY CTR 10/15 (CS)
10/27/2022JANITORIAL SERVICES EVENT 120519CROWN FACILITY SOLUTIONS 729.59726
0.00 SANTA ANA
CA 92704
0.0010/27/2022 69785OP
10/27/2022011525
10/27/2022COMMUNITY CTR 10/16 (CS)
10/27/2022JANITORIAL SERVICES EVENT 120520CROWN FACILITY SOLUTIONS 368.49727
0.00 SANTA ANA
CA 92704
0.0010/27/2022 69785OP
10/27/2022011525
10/27/2022TOURNAMENT 10/15-10/16 (CS)
10/27/2022JANITORIAL SERVICES FOR 120521CROWN FACILITY SOLUTIONS 166.64728
0.00 SANTA ANA
Total: 69785Check No. 1,933.21
Total for CROWN FACILITY SOLUTIONS 8,743.14
CA 91109-8485
0.0010/27/2022 69786OP
10/27/2022011617
10/27/2022CONSULTANT (KATHRYN S.)
10/27/2022CODE ENFORCEMENT 120506CSG CONSULTANTS INC
8,750.0046784
0.00 PASADENA
Total: 69786Check No. 8,750.00
Total for CSG CONSULTANTS INC 8,750.00
CA 95762
0.0010/20/2022 69746OP
10/20/2022011317
10/20/2022ELEMENT (CD)
10/20/2022PLANNING SERVICES SEP HOUSING 120437DE NOVO PLANNING GROUP 5,887.503623
0.00 EL DORADO HILLS
Total: 69746Check No. 5,887.50
Total for DE NOVO PLANNING GROUP 5,887.50
CA 94244-2550
0.0010/13/2022 69700OP
10/13/20220438
10/13/2022FINGERPRINT AUG (MS, PS)
10/13/2022PRE-EMPLOYMENT & VOLUNTEER 120309DEPARTMENT OF JUSTICE 290.00603047
0.00 SACRAMENTO
Item: 6
26 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
12Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
Total: 69700Check No. 290.00
CA 94244-2550
0.0010/27/2022 69787OP
10/27/20220438
10/27/2022FINGERPRINT (MS)
10/27/2022PRE-EMPLOYMENT & VOLUNTEER 120490DEPARTMENT OF JUSTICE 245.00609609
0.00 SACRAMENTO
Total: 69787Check No. 245.00
Total for DEPARTMENT OF JUSTICE 535.00
CA 92688
0.0010/20/2022 69747OP
10/20/20220490
10/20/2022SPORTS PARK (PW)
10/20/2022MONTHLY SERVICE OCT 120477DEWEY PEST CONTROL 196.0015432782
0.00 RANCHO SANTA MARGARITA
CA 92688
0.0010/20/2022 69747OP
10/20/20220490
10/20/2022SKATE PARK (PW)
10/20/2022MONTHLY SERVICE OCT 120478DEWEY PEST CONTROL
40.0015432779
0.00 RANCHO SANTA MARGARITA
CA 92688
0.0010/20/2022 69747OP
10/20/20220490
10/20/2022HEROES PARK (PW)
10/20/2022MONTHLY SERVICE OCT 120479DEWEY PEST CONTROL
35.0015432781
0.00 RANCHO SANTA MARGARITA
Total: 69747Check No. 271.00
Total for DEWEY PEST CONTROL 271.00
CA 90631
0.0010/27/2022 69788OP
10/27/2022011834
10/27/2022PARKS PW2017-17D (PW)
10/27/2022PARKS RENO SUNDOWNER/VINTAGE 120536DIAMOND CONSTRUCTION 86,990.79PROGRESS PAYMENT #2
0.00 & DESIGN
LA HABRA
CA 90631
0.0010/27/2022 69788OP
10/27/2022011834
10/27/2022VINTAGE PARKS PW2017-17D (PW)
10/27/2022PARKS RENO SUNDOWNER/ 120537DIAMOND CONSTRUCTION 29,096.98PROGRESS PAYMENT #3
0.00 & DESIGN
LA HABRA
Total: 69788Check No. 116,087.77
Total for DIAMOND CONSTRUCTION 116,087.77
CA 95811
0.0010/27/2022 69789OP
10/27/2022011453
10/27/2022
10/27/20222022 CASP FEE 3RD QTR (CD) 120538DIVISION OF THE STATE 218.8010/17/2022
0.00 ARCHITECT
SACRAMENTO
Total: 69789Check No. 218.80
Item: 6
27 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
13Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
Total for DIVISION OF THE STATE 218.80
CA 91710
0.0010/13/2022 69701OP
10/13/2022011885
10/13/2022COOLING FAN-LFSP SEP (PW)
10/13/2022MOTOR CAPACITORS-BORREGO PARK, 120325EAGLE PUMP SERVICES INC 1,075.8820220935
0.00 CHINO
Total: 69701Check No. 1,075.88
Total for EAGLE PUMP SERVICES INC 1,075.88
CA 92014
0.0010/06/2022 69669OP
10/06/202205036
10/06/2022WASTE & SB1383 AUG 2022 (PW)
10/06/2022PROFESSIONAL SERVICES SOLID 120201ECONOMICS INC. 7,193.312021-22.14
0.00 DEL MAR
CA 92014
0.0010/06/2022 69669OP
10/06/202205036
10/06/2022JOINT RFP SOLID WASTE SEP (PW)
10/06/2022PROFESSIONAL SERVICES FOR 120202ECONOMICS INC. 8,687.502022.7
0.00 DEL MAR
Total: 69669Check No. 15,880.81
CA 92014
0.0010/20/2022 69748OP
10/20/202205036
10/20/2022JOINT RFP SOLID WASTE SEP (PW)
10/20/2022PROFESSIONAL SERVICES FOR 120438ECONOMICS INC. 3,660.832022.8
0.00 DEL MAR
CA 92014
0.0010/20/2022 69748OP
10/20/202205036
10/20/2022WASTE & SB1383 SEP (PW)
10/20/2022PROFESSIONAL SERVICES SOLID 120439ECONOMICS INC. 7,472.512021-22.15
0.00 DEL MAR
Total: 69748Check No. 11,133.34
Total for ECONOMICS INC. 27,014.15
CA 92630
0.0010/06/2022 69670OP
10/06/202205021
10/06/2022AUG (PW)
10/06/2022WATER SERVICES LFSP/MPS/PARKS 120200EL TORO WATER DISTRICT 39,613.3922-08
0.00 LAKE FOREST
Total: 69670Check No. 39,613.39
CA 92630
0.0010/20/2022 69749OP
10/20/202205021
10/20/2022LFSP/MPS/PARKS SEP (PW)
10/20/2022WATER SERVICES 120441EL TORO WATER DISTRICT
42,751.4122-09
0.00 LAKE FOREST
Total: 69749Check No. 42,751.41
Item: 6
28 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
14Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
Total for EL TORO WATER DISTRICT 82,364.80
CA 92618
0.0010/20/2022 69750OP
10/20/2022011580
10/20/2022PW2017-17E (PW)
10/20/2022REGENCY PARK RETENTION SEP 120440ELEGANT CONSTRUCTION INC. 91,675.00PROG PAYMENT 2
0.00 IRVINE
Total: 69750Check No. 91,675.00
Total for ELEGANT CONSTRUCTION INC. 91,675.00
CA 92676
0.0010/06/2022 69671OP
10/06/2022011571
10/06/2022AND EVENT AUG 2, 16, 18 (MS)
10/06/2022AV SERVICES CITY COUNCIL MTGS 120198ERIC WINTER 752.106036
0.00 SILVERADO
CA 92676
0.0010/06/2022 69671OP
10/06/2022011571
10/06/2022MEETINGS 9/6 & 9/20 (MS)
10/06/2022AV SERVICES CITY COUNCIL 120199ERIC WINTER
752.106037
0.00 SILVERADO
Total: 69671Check No. 1,504.20
Total for ERIC WINTER 1,504.20
CA 92602
0.0010/13/2022 69702OP
10/13/2022011085
10/13/2022INSTRUCTOR PAYMENT (CS)
10/13/2022SUMMER DANCE CLASSES 120330EVER AFTER EVENT PRODUCTIONS 2,741.2010949
0.00 LLC
IRVINE
CA 92602
0.0010/13/2022 69702OP
10/13/2022011085
10/13/2022PYMT (CS)
10/13/2022SUMMER DANCE CLASS INSTRUCTOR 120383EVER AFTER EVENT PRODUCTIONS 760.2010955
0.00 LLC
IRVINE
CA 92602
0.0010/13/2022 69702OP
10/13/2022011085
10/13/2022PYMT (CS)
10/13/2022SUMMER DANCE CLASS INSTRUCTOR 120384EVER AFTER EVENT PRODUCTIONS 1,166.2010952
0.00 LLC
IRVINE
CA 92602
0.0010/13/2022 69702OP
10/13/2022011085
10/13/2022PYMT (CS)
10/13/2022SUMMER DANCE CLASS INSTRUCTOR 120385EVER AFTER EVENT PRODUCTIONS 1,166.2010953
0.00 LLC
IRVINE
Total: 69702Check No. 5,833.80
Total for EVER AFTER EVENT PRODUCTIONS 5,833.80
Item: 6
29 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
15Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 92630
0.0010/13/2022 69703OP
10/13/2022010996
10/13/2022
10/13/2022SPOOKTACULAR BANNER (CS) 120321FASTSIGNS OF LAKE FOREST 179.472016-14439
0.00 LAKE FOREST
Total: 69703Check No. 179.47
Total for FASTSIGNS OF LAKE FOREST 179.47
NC 28203
0.0010/27/2022 69790OP
10/27/2022011896
10/27/2022SUBSCRIPTION (F)
10/27/2022DEBTBOOK ANNUAL 120505FIFTH ASSET INC
6,500.00DB2000193
0.00 CHARLOTTE
Total: 69790Check No. 6,500.00
Total for FIFTH ASSET INC 6,500.00
CA 92352
0.0010/20/2022 69751OP
10/20/2022011890
10/20/2022(CC)
10/20/2022RECORDS RETENTION SCHEDULE 120407GLADWELL GOVERNMENTAL 5,200.004933
0.00 SERVICES INC
LAKE ARROWHEAD
Total: 69751Check No. 5,200.00
Total for GLADWELL GOVERNMENTAL 5,200.00
CA 90051-4598
0.0010/13/2022 69704OP
10/13/2022011361
10/13/2022AUG CIVIC CENTER (PW)
10/13/2022SLOPE LANDSCAPE / MITIGATION 120263HABITAT RESTORATION SCIENCES 1,500.0012567
0.00 INC.
LOS ANGELES
Total: 69704Check No. 1,500.00
CA 90051-4598
0.0010/27/2022 69791OP
10/27/2022011361
10/27/2022SEP CIVIC CENTER (PW)
10/27/2022SLOPE LANDSCAPE / MITIGATION 120540HABITAT RESTORATION SCIENCES 1,500.0012576
0.00 INC.
LOS ANGELES
Total: 69791Check No. 1,500.00
Total for HABITAT RESTORATION SCIENCES 3,000.00
CA 92780
0.0010/13/2022 69705OP
10/13/2022010282
10/13/2022DEVELOPMEN T/CIP (PW)
10/13/2022TRAFFIC ENGINEERING JUL 120324HARTZOG & CRABILL INC. 5,722.2822-0523
0.00 TUSTIN
Total: 69705Check No. 5,722.28
Item: 6
30 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
16Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
Total for HARTZOG & CRABILL INC. 5,722.28
CA 92821
0.0010/27/2022 69792OP
10/27/20220804
10/27/2022MANAGEMENT SEP (CD)
10/27/2022TESTING LABS CANNABIS 120503HINDERLITER DE LLAMAS & ASSOC 375.00SIN022065
0.00 BREA
Total: 69792Check No. 375.00
Total for HINDERLITER DE LLAMAS & ASSOC 375.00
CO 80537
0.0010/27/2022 69793OP
10/27/202209431
10/27/2022SEP (CD)
10/27/2022BUILDING & SAFETY SERVICES 120543INTERWEST CONSULTING 1,050.0082229
0.00 GROUP, INC.
LOVELAND
Total: 69793Check No. 1,050.00
Total for INTERWEST CONSULTING 1,050.00
CA 92867-4607
0.0010/13/2022 69706OP
10/13/20220923
10/13/2022WB10J6305L6D14739 (PS)
10/13/2022VEHICLE REPAIR 8/13 120301IRV SEAVER MOTORCYCLES 1,466.1220221823
0.00 ORANGE
Total: 69706Check No. 1,466.12
Total for IRV SEAVER MOTORCYCLES 1,466.12
CA 92619-7000
0.0010/06/2022 69672OP
10/06/20220927
10/06/2022PARKS (PW)
10/06/2022WATER SERVICES AUG CC, LFSP MP 120203IRVINE RANCH WATER DISTRICT 76,382.7822-08
0.00 IRVINE
Total: 69672Check No. 76,382.78
CA 92619-7000
0.0010/20/2022 69752OP
10/20/20220927
10/20/2022MPS, PARKS (PW)
10/20/2022WATER SERVICES SEP CC, LFSP, 120442IRVINE RANCH WATER DISTRICT 73,854.5022-09
0.00 IRVINE
Total: 69752Check No. 73,854.50
Total for IRVINE RANCH WATER DISTRICT 150,237.28
CA 90084-2123
0.0010/20/2022 69753OP
10/20/2022011803
10/20/2022SERVICES MAR (PW)
10/20/2022TRAFFIC SIGNAL MANAGEMENT 120470ITERIS, INC. 26,057.39143893
0.00 LOS ANGELES
Item: 6
31 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
17Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 90084-2123
0.0010/20/2022 69753OP
10/20/2022011803
10/20/2022SERVICES APR (PW)
10/20/2022TRAFFIC SIGNAL MANAGEMENT 120471ITERIS, INC. 9,978.10145522
0.00 LOS ANGELES
CA 90084-2123
0.0010/20/2022 69753OP
10/20/2022011803
10/20/2022SERVICES JUNE (PW)
10/20/2022TRAFFIC SIGNAL MANAGEMENT 120472ITERIS, INC. 12,013.13146666
0.00 LOS ANGELES
CA 90084-2123
0.0010/20/2022 69753OP
10/20/2022011803
10/20/2022SERVICES MAY (PW)
10/20/2022TRAFFIC SIGNAL MANAGEMENT 120474ITERIS, INC. 4,826.57145815
0.00 LOS ANGELES
Total: 69753Check No. 52,875.19
Total for ITERIS, INC. 52,875.19
CA 92630
0.0010/13/2022 69707OP
10/13/20221306
10/13/2022
10/13/2022ACCIDENT FORMS (PS) 120258JAMES L. BLACKBURN 617.1729449
0.00 MINUTEMAN PRESS
LAKE FOREST
CA 92630
0.0010/13/2022 69707OP
10/13/20221306
10/13/2022
10/13/2022BUSINESS CARDS SEP (PS) 120259JAMES L. BLACKBURN 100.1229408
0.00 MINUTEMAN PRESS
LAKE FOREST
Total: 69707Check No. 717.29
Total for JAMES L. BLACKBURN 717.29
CA 92653
0.0010/06/2022 69673OP
10/06/202210016
10/06/2022SERRANO CREEK PARK (PW)
10/06/2022SOAP DISPENSERS SEP 120205JAMEY CLARK INC.
765.3673374
0.00 LAGUNA HILLS
CA 92653
0.0010/06/2022 69673OP
10/06/202210016
10/06/2022SKATE PARK (PW)
10/06/2022WATER MISTER REPAIRS SEP 120206JAMEY CLARK INC. 506.8473373
0.00 LAGUNA HILLS
CA 92653
0.0010/06/2022 69673OP
10/06/202210016
10/06/2022SEP BAKER RANCH PARK (PW)
10/06/2022REPLACED WM RESTROOM DOOR 120207JAMEY CLARK INC. 2,098.0173372
0.00 LAGUNA HILLS
CA 92653
0.0010/06/2022 69673OP
10/06/202210016
10/06/2022RIMGATE PARK (PW)
10/06/2022AIR WALKER REPLACEMENT SEP 120208JAMEY CLARK INC. 8,450.0073371
0.00 LAGUNA HILLS
Item: 6
32 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
18Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 92653
0.0010/06/2022 69673OP
10/06/202210016
10/06/2022EL TORO PARK (PW)
10/06/2022REPLACE ABS DIP STATION SEP 120209JAMEY CLARK INC. 10,850.0073370
0.00 LAGUNA HILLS
CA 92653
0.0010/06/2022 69673OP
10/06/202210016
10/06/2022MOUNTAIN VIEW PARK (PW)
10/06/2022AIR WALKER REPLACEMENT SEP 120210JAMEY CLARK INC. 8,400.0073369
0.00 LAGUNA HILLS
CA 92653
0.0010/06/2022 69673OP
10/06/202210016
10/06/2022PITTSFORD PARK (PW)
10/06/2022REPLACE WARNING LABELS SEP 120211JAMEY CLARK INC. 212.5073357
0.00 LAGUNA HILLS
CA 92653
0.0010/06/2022 69673OP
10/06/202210016
10/06/2022FEATURE SEP ALTON PARK (PW)
10/06/2022REPLACE LABELS, REPAIR WATER 120212JAMEY CLARK INC. 255.0073356
0.00 LAGUNA HILLS
CA 92653
0.0010/06/2022 69673OP
10/06/202210016
10/06/2022LFSP (PW)
10/06/2022REPLACE 3 WATER FOUNTAINS SEP 120213JAMEY CLARK INC. 1,868.4173358
0.00 LAGUNA HILLS
Total: 69673Check No. 33,406.12
CA 92653
0.0010/13/2022 69708OP
10/13/202210016
10/13/2022HEROES PARK SEP (PW)
10/13/2022INSTALL TOILET PAPER DISPENSER 120284JAMEY CLARK INC. 1,020.0073375
0.00 LAGUNA HILLS
CA 92653
0.0010/13/2022 69708OP
10/13/202210016
10/13/2022BOARD EL TORO PARK SEP (PW)
10/13/2022REPLACE PLEXIGLASS ON POSTING 120285JAMEY CLARK INC. 425.0073376
0.00 LAGUNA HILLS
CA 92653
0.0010/13/2022 69708OP
10/13/202210016
10/13/2022PARK SEP (PW)
10/13/2022REPAIR MESSAGE BOARD CONCOURSE 120286JAMEY CLARK INC. 336.7573377
0.00 LAGUNA HILLS
CA 92653
0.0010/13/2022 69708OP
10/13/202210016
10/13/2022(PW)
10/13/2022UNCLOG FOUNTAIN/SINK LFSP SEP 120287JAMEY CLARK INC. 595.1373378
0.00 LAGUNA HILLS
Total: 69708Check No. 2,376.88
CA 92653
0.0010/27/2022 69794OP
10/27/202210016
10/27/2022BORREGO PARK (PW)
10/27/2022RESTROOM REPAIR SEP 120522JAMEY CLARK INC.
255.0073368
0.00 LAGUNA HILLS
Item: 6
33 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
19Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 92653
0.0010/27/2022 69794OP
10/27/202210016
10/27/2022OCT FOOTHILL RANCH (PW)
10/27/2022TENNIS COURT STRAP INSTALL 120523JAMEY CLARK INC. 127.5073385
0.00 LAGUNA HILLS
CA 92653
0.0010/27/2022 69794OP
10/27/202210016
10/27/2022SERRANO PARK (PW)
10/27/2022RESTROON DRAIN REPAIR OCT 120524JAMEY CLARK INC. 510.0073397
0.00 LAGUNA HILLS
Total: 69794Check No. 892.50
Total for JAMEY CLARK INC. 36,675.50
CA 92653
0.0010/06/2022 69674OP
10/06/2022010871
10/06/2022
10/06/2022CAR SHOW SHIRTS (CS) 120204JC TEES
209.308294
0.00 LAGUNA HILLS
Total: 69674Check No. 209.30
CA 92653
0.0010/27/2022 69795OP
10/27/2022010871
10/27/2022
10/27/2022STAFF UNIFORMS (CS) 120494JC TEES
647.198240
0.00 LAGUNA HILLS
Total: 69795Check No. 647.19
Total for JC TEES 856.49
CA 92782
0.0010/20/2022 69754OP
10/20/2022011894
10/20/2022EVENT 10/22 (CS)
10/20/2022ESCAPE ROOM FOR SPOOKTACULAR 120466JONATHAN L DAUTRICH JR 1,150.00000177
0.00 EDISON PUZZLE LABS LLC
TUSTIN
Total: 69754Check No. 1,150.00
Total for JONATHAN L DAUTRICH JR 1,150.00
CA 92863
0.0010/20/2022 69755OP
10/20/2022011892
10/20/202210/22 (CS)
10/20/2022CANOPY FOR SPOOKTACULAR EVENT 120468JUMP N BOUNCE LLC 384.0033252
0.00 ORANGE
CA 92863
0.0010/20/2022 69755OP
10/20/2022011892
10/20/2022EVENT 10/22 (CS)
10/20/2022BOUNCE HOUSES FOR SPOOKTACULAR 120469JUMP N BOUNCE LLC 2,125.7031019
0.00 ORANGE
Total: 69755Check No. 2,509.70
Item: 6
34 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
20Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
Total for JUMP N BOUNCE LLC 2,509.70
CA 92121
0.0010/13/2022 69709OP
10/13/2022011242
10/13/20229/26/22-9/25/23 (CM)
10/13/2022BLUEBEAM LICENSE RENEWAL 120294KELAR PACIFIC LLC 1,639.00SI-4023873
0.00 SAN DIEGO
Total: 69709Check No. 1,639.00
Total for KELAR PACIFIC LLC 1,639.00
WA 98402
0.0010/27/2022 69796OP
10/27/2022011552
10/27/2022(PW)
10/27/2022CIVIC CENTER MAINTANANCE SEP 120510KIDDER MATHEWS OF CALIFORNIA 44,912.20KMCA6026
0.00 INC.
TACOMA
Total: 69796Check No. 44,912.20
Total for KIDDER MATHEWS OF CALIFORNIA 44,912.20
CA 91185
0.0010/20/2022 69756OP
10/20/2022011575
10/20/2022SEP SENIOR (CM)
10/20/2022COPIER MONTHLY MAINTENANCE 120408KONICA MINOLTA BUSINESS 195.71282901823A
0.00 SOLUTIONS USA INC
PASADENA
CA 91185
0.0010/20/2022 69756OP
10/20/2022011575
10/20/2022SEP BUILDING (CM)
10/20/2022COPIER MONTHLY MAINTENANCE 120409KONICA MINOLTA BUSINESS 355.03282901151A
0.00 SOLUTIONS USA INC
PASADENA
CA 91185
0.0010/20/2022 69756OP
10/20/2022011575
10/20/2022SEP COPIER 1A (CM)
10/20/2022COPIER MONTHLY MAINTENANCE 120410KONICA MINOLTA BUSINESS 190.02282901157A
0.00 SOLUTIONS USA INC
PASADENA
CA 91185
0.0010/20/2022 69756OP
10/20/2022011575
10/20/2022SEP COPIER 2B (CM)
10/20/2022COPIER MONTHLY MAINTENANCE 120411KONICA MINOLTA BUSINESS 142.30282901346A
0.00 SOLUTIONS USA INC
PASADENA
CA 91185
0.0010/20/2022 69756OP
10/20/2022011575
10/20/2022SEP COPIER 2A (CM)
10/20/2022COPIER MONTHLY MAINTENANCE 120412KONICA MINOLTA BUSINESS 162.26282901349A
0.00 SOLUTIONS USA INC
PASADENA
CA 91185
0.0010/20/2022 69756OP
10/20/2022011575
10/20/2022SEP POLICE (CM)
10/20/2022COPIER MONTHLY MAINTENANCE 120413KONICA MINOLTA BUSINESS
45.88282901440A
0.00 SOLUTIONS USA INC
PASADENA
Item: 6
35 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
21Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 91185
0.0010/20/2022 69756OP
10/20/2022011575
10/20/2022SEP SPORTS PARK (CM)
10/20/2022COPIER MONTHLY MAINTENANCE 120414KONICA MINOLTA BUSINESS
55.00282901444A
0.00 SOLUTIONS USA INC
PASADENA
CA 91185
0.0010/20/2022 69756OP
10/20/2022011575
10/20/2022SEP CLERK (CM)
10/20/2022COPIER MONTHLY MAINTENANCE 120415KONICA MINOLTA BUSINESS
93.95282902109A
0.00 SOLUTIONS USA INC
PASADENA
CA 91185
0.0010/20/2022 69756OP
10/20/2022011575
10/20/2022(CM)
10/20/2022MANAGED PRINT SERVICES SEP 120416KONICA MINOLTA BUSINESS 437.339008853710A
0.00 SOLUTIONS USA INC
PASADENA
Total: 69756Check No. 1,677.48
Total for KONICA MINOLTA BUSINESS 1,677.48
PA 19101-1602
0.0010/13/2022 69711OP
10/13/2022011585
10/13/2022
10/13/2022COPIER LEASE OCT (CM) 120319KONICA MINOLTA PREMIER FINANCE 1,011.4377680695
0.00 PHILADELPHIA
Total: 69711Check No. 1,011.43
Total for KONICA MINOLTA PREMIER FINANCE 1,011.43
CA 92630
0.0010/13/2022 69712OP
10/13/2022010898
10/13/20222017 SUBARU OUTBACK (CM)
10/13/2022VEHICLE MAINTENANCE SEP 120302L & M AUTOMOTIVE
86.2649663
0.00 LAKE FOREST
CA 92630
0.0010/13/2022 69712OP
10/13/2022010898
10/13/20222017 SUBARU OUTBACK (CM)
10/13/2022VEHICLE MAINTENANCE SEP 120303L & M AUTOMOTIVE 212.4949685
0.00 LAKE FOREST
CA 92630
0.0010/13/2022 69712OP
10/13/2022010898
10/13/20222019 DOGDE DURANGO (PS)
10/13/2022VEHICLE MAINTENANCE 120304L & M AUTOMOTIVE
96.1549672
0.00 LAKE FOREST
Total: 69712Check No. 394.90
CA 92630
0.0010/20/2022 69757OP
10/20/2022010898
10/20/20222019 DODGE DURANGO (PS)
10/20/2022VEHICLE MAINTENANCE OCT 120443L & M AUTOMOTIVE 633.4249706
0.00 LAKE FOREST
Total: 69757Check No. 633.42
Item: 6
36 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
22Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 92630
0.0010/27/2022 69797OP
10/27/2022010898
10/27/20222019 TOYOTA HIGHLANDER (PS)
10/27/2022VEHICLE MAINTENANCE OCT 120527L & M AUTOMOTIVE
72.6449776
0.00 LAKE FOREST
CA 92630
0.0010/27/2022 69797OP
10/27/2022010898
10/27/20222012 TOYOTA HIGHLANDER (PS)
10/27/2022VEHICLE MAINTENANCE OCT 120528L & M AUTOMOTIVE
72.6449775
0.00 LAKE FOREST
Total: 69797Check No. 145.28
Total for L & M AUTOMOTIVE 1,173.60
CA 90071
0.0010/06/2022 69675OP
10/06/2022011887
10/06/2022TRANSLATION SERVICES (CC)
10/06/2022NOTICE OF ELECTION 2022 120250LA OPINION LP
420.0026770
0.00 LOS ANGELES
Total: 69675Check No. 420.00
Total for LA OPINION LP 420.00
CA 90025
0.0010/20/2022 69758OP
10/20/2022011893
10/20/2022SPOOKTACULAR EVENT 10/22 (CS)
10/20/2022VIRTUAL REALITY GAMING FOR 120467LA VIRTUAL PLAY LLC 3,500.00270
0.00 LOS ANGELES
Total: 69758Check No. 3,500.00
Total for LA VIRTUAL PLAY LLC 3,500.00
CA 92672
0.0010/27/2022 69798OP
10/27/202212171
10/27/2022MEADOWS (PW)
10/27/2022GEOTECHNICAL SERVICES SEP THE 120498LGC GEOTECHNICAL, INC. 2,946.8001-18234
0.00 SAN CLEMENTE
Total: 69798Check No. 2,946.80
Total for LGC GEOTECHNICAL, INC. 2,946.80
IL 60674-5099
0.0010/20/2022 69759OP
10/20/2022011315
10/20/2022FRONT-END OCT (CM)
10/20/2022COMMERCIAL PROPERTIES NOW 120444LOOPNET
356.00116613427-1
0.00 CHICAGO
Total: 69759Check No. 356.00
Total for LOOPNET 356.00
Item: 6
37 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
23Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 92630
0.0010/24/2022 69775OP
10/24/2022130231
10/24/2022LOCC CONFERENCE 9/6 - 9/9
10/24/2022TRAVEL REIMBURSEMENT FOR 120482MARK TETTEMER 743.3010/14/2022
0.00 LAKE FOREST
Total: 69775Check No. 743.30
Total for MARK TETTEMER 743.30
CA 92623
0.0010/13/2022 69713OP
10/13/2022011796
10/13/2022
10/13/2022CITY VEHICLE CAR WASH SEP (PW) 120283MASTER WASH, INC. 320.0072788
0.00 IRVINE
Total: 69713Check No. 320.00
Total for MASTER WASH, INC. 320.00
CA 92630
0.0010/13/2022 69714OP
10/13/202202026
10/13/2022
10/13/2022HAT VILLEGAS OCT (PW) 120261MONOGRAM MAGIC
24.1164210
0.00 LAKE FOREST
CA 92630
0.0010/13/2022 69714OP
10/13/202202026
10/13/2022(PS)
10/13/2022UNIFORMS PADILLA & FLORES 120292MONOGRAM MAGIC
96.9564208
0.00 LAKE FOREST
Total: 69714Check No. 121.06
Total for MONOGRAM MAGIC 121.06
CA 95630
0.0010/13/2022 69715OP
10/13/20221323
10/13/2022LUNCHEON
10/13/2022REGION 7 OCCMA NETWORKING 120357MUNICIPAL MANAGEMENT ASSOC.
38.005719
0.00 OF SOUTHERN CALIFORNIA
FOLSOM
Total: 69715Check No. 38.00
Total for MUNICIPAL MANAGEMENT ASSOC. 38.00
CA 92886
0.0010/20/2022 69760OP
10/20/2022011884
10/20/2022INSTRUCTOR PAYMENT SEPT (MS)
10/20/2022EMPLOYEE WELLNESS YOGA CLASS 120449NATASHA UMRIGAR MOLLA 100.00SEPTEMBER 2022
0.00 YORBA LINDA
Total: 69760Check No. 100.00
Total for NATASHA UMRIGAR MOLLA 100.00
Item: 6
38 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
24Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 93601
0.0010/20/2022 69761OP
10/20/2022010552
10/20/2022JAN (CC)
10/20/2022FPPC ELECTRONIC FILING OCT - 120448NETFILE
2,500.008275
0.00 AHWAHNEE
Total: 69761Check No. 2,500.00
Total for NETFILE 2,500.00
CA 92705
0.0010/13/2022 69716OP
10/13/20221469
10/13/2022
10/13/2022OLD TRABUCO CLEAN UP SEP (PW) 120266NIEVES LANDSCAPE INC. 5,577.0073038
0.00 SANTA ANA
CA 92705
0.0010/13/2022 69716OP
10/13/20221469
10/13/2022PARKWAY & LAKE FOREST SEP (PW)
10/13/2022INSTALL PLANT MATERIAL RANCHO 120267NIEVES LANDSCAPE INC. 1,709.0073037
0.00 SANTA ANA
CA 92705
0.0010/13/2022 69716OP
10/13/20221469
10/13/2022LAKE FOREST TO BAKE SEP (PW)
10/13/2022INSTALL MULCH RANCHO PKWY 120268NIEVES LANDSCAPE INC. 1,324.0073035
0.00 SANTA ANA
CA 92705
0.0010/13/2022 69716OP
10/13/20221469
10/13/2022SERRANO/TOLEDO (PW)
10/13/2022MULCH FOR 4TH OF JULY EVENT 120269NIEVES LANDSCAPE INC. 3,850.0072990
0.00 SANTA ANA
CA 92705
0.0010/13/2022 69716OP
10/13/20221469
10/13/2022MUIRLANDS TO ROCKFIELD JUL(PW)
10/13/2022INSTALL MULCH ON RIDGE ROUTE 120270NIEVES LANDSCAPE INC. 2,695.0072987
0.00 SANTA ANA
CA 92705
0.0010/13/2022 69716OP
10/13/20221469
10/13/2022MAINTENANCE SEP (PW)
10/13/2022SLOPES/MP MONTHLY 120271NIEVES LANDSCAPE INC. 68,637.4972865
0.00 SANTA ANA
CA 92705
0.0010/13/2022 69716OP
10/13/20221469
10/13/2022VETERAN'S PARK (PW)
10/13/2022IRRIGATION REPAIRS SEP 120272NIEVES LANDSCAPE INC. 1,641.5373003
0.00 SANTA ANA
CA 92705
0.0010/13/2022 69716OP
10/13/20221469
10/13/2022CHERRY PARKS (PW)
10/13/2022IRRIGATION REPAIRS VINTAGE/ 120273NIEVES LANDSCAPE INC. 1,360.4273002
0.00 SANTA ANA
CA 92705
0.0010/13/2022 69716OP
10/13/20221469
10/13/2022SEP (PW)
10/13/2022INSTALL MULCH DARRIN PARK 120274NIEVES LANDSCAPE INC. 1,154.0073001
0.00 SANTA ANA
Item: 6
39 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
25Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 92705
0.0010/13/2022 69716OP
10/13/20221469
10/13/2022PITTSFORD PARK AUG (PW)
10/13/2022REMOVED AMENITIES EL TORO/ 120275NIEVES LANDSCAPE INC. 1,407.0072952
0.00 SANTA ANA
CA 92705
0.0010/13/2022 69716OP
10/13/20221469
10/13/2022MONTBURY/LAKE FOREST AUG (PW)
10/13/2022IRRIGATION REPAIRS CHERRY/ 120276NIEVES LANDSCAPE INC. 1,581.5972951
0.00 SANTA ANA
CA 92705
0.0010/13/2022 69716OP
10/13/20221469
10/13/2022VIEW/CAVANAUGH/VINTAGE AUG(PW)
10/13/2022IRRIGATION REPAIRS MOUNTAIN 120277NIEVES LANDSCAPE INC. 1,391.6472950
0.00 SANTA ANA
CA 92705
0.0010/13/2022 69716OP
10/13/20221469
10/13/2022PEACHWOOD AUG (PW)
10/13/2022IRRIGATION REPAIRS VETERANS/ 120278NIEVES LANDSCAPE INC. 1,840.8572949
0.00 SANTA ANA
CA 92705
0.0010/13/2022 69716OP
10/13/20221469
10/13/2022PASSIVE PARKS (PW)
10/13/2022MONTHLY MAINTENANCE SEP 120279NIEVES LANDSCAPE INC. 69,575.8472864
0.00 SANTA ANA
Total: 69716Check No. 163,745.36
CA 92705
0.0010/27/2022 69799OP
10/27/20221469
10/27/2022SEP (PW)
10/27/2022WHISPERING HILLS CLEAN UP 120509NIEVES LANDSCAPE INC. 4,400.0073039
0.00 SANTA ANA
Total: 69799Check No. 4,400.00
Total for NIEVES LANDSCAPE INC. 168,145.36
CA 92675
0.0010/27/2022 69800OP
10/27/2022011137
10/27/202210/15 DJ SERVICES (CS)
10/27/2022SPECIAL NEEDS DANCE 120504NOAH HOLLAND TORGESON 300.0020221015
0.00 SAN JUAN CAPISTRANO
Total: 69800Check No. 300.00
Total for NOAH HOLLAND TORGESON 300.00
CA 91729-3700
0.0010/06/2022 69676OP
10/06/2022011457
10/06/2022TESTING AUG (MS)
10/06/2022PRE-EMPLOYMENT PHYSICALS AND 120214OCCUPATIONAL HEALTH CENTERS 215.0076498013
0.00 OF CALIFORNIA, A MEDICAL CORP
RANCHO CUCAMONGA
Item: 6
40 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
26Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 91729-3700
0.0010/06/2022 69676OP
10/06/2022011457
10/06/2022TESTING SEP (MS)
10/06/2022PRE-EMPLOYMENT PHYSICALS AND 120215OCCUPATIONAL HEALTH CENTERS 255.0076560679
0.00 OF CALIFORNIA, A MEDICAL CORP
RANCHO CUCAMONGA
CA 91729-3700
0.0010/06/2022 69676OP
10/06/2022011457
10/06/2022TESTING SEP (MS)
10/06/2022PRE-EMPLOYMENT PHYSICALS AND 120216OCCUPATIONAL HEALTH CENTERS 319.0076636236
0.00 OF CALIFORNIA, A MEDICAL CORP
RANCHO CUCAMONGA
Total: 69676Check No. 789.00
CA 91729-3700
0.0010/20/2022 69762OP
10/20/2022011457
10/20/2022TESTING SEP (MS)
10/20/2022PRE-EMPLOYMENT PHYSICALS AND 120450OCCUPATIONAL HEALTH CENTERS 138.0076715687
0.00 OF CALIFORNIA, A MEDICAL CORP
RANCHO CUCAMONGA
Total: 69762Check No. 138.00
CA 91729-3700
0.0010/27/2022 69801OP
10/27/2022011457
10/27/2022TESTING SEP (MS)
10/27/2022PRE-EMPLOYMENT PHYSICALS AND 120489OCCUPATIONAL HEALTH CENTERS 138.0076880710
0.00 OF CALIFORNIA, A MEDICAL CORP
RANCHO CUCAMONGA
Total: 69801Check No. 138.00
Total for OCCUPATIONAL HEALTH CENTERS 1,065.00
AZ 85038-9248
0.0010/20/2022 69763OP
10/20/202215201
10/20/2022
10/20/2022OPERATING SUPPLIES SEP (F) 120445ODP BUSINESS SOLUTIONS, LLC 2,747.3123705884
0.00 PHOENIX
Total: 69763Check No. 2,747.31
Total for ODP BUSINESS SOLUTIONS, LLC 2,747.31
CA 91604
0.0010/27/2022 69802OP
10/27/2022011301
10/27/20222021-2022 (F)
10/27/2022ONLINE BIDDING SOFTWARE 120493PLANETBIDS INC. 7,372.08052241
0.00 STUDIO CITY
Total: 69802Check No. 7,372.08
Total for PLANETBIDS INC. 7,372.08
CA 92619
0.0010/20/2022 69764OP
10/20/20221618
10/20/2022BUS INVITES & POSTCARDS (ED)
10/20/2022BULK MAILING PERMIT #104 120446POSTMASTER
1,260.0010/10/2022
0.00 IRVINE
Item: 6
41 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
27Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
Total: 69764Check No. 1,260.00
Total for POSTMASTER 1,260.00
CA 90084
0.0010/13/2022 69717OP
10/13/2022011744
10/13/2022(PS)
10/13/2022UTILITY FOR OCSD LEASE AUG 120254PS BUSINESS PARKS LP
95.0110/10/2022 UTIL
0.00 LOS ANGELES
Total: 69717Check No. 95.01
Total for PS BUSINESS PARKS LP 95.01
CA 92799-5091
0.0010/13/2022 69718OP
10/13/202218240
10/13/2022NOV PTM-108-702MD-1 (CD)
10/13/202222702 MADRID HOA PAYMENT 120327RANCHO VIEJO II HOA 380.0022702 10/04/2022
0.00 SANTA ANA
Total: 69718Check No. 380.00
CA 92799-5091
0.0010/13/2022 69719OP
10/13/202218240
10/13/2022PTM-108-706MD-1 (CD)
10/13/202222706 MADRID HOA PAYMENT NOV 120328RANCHO VIEJO II HOA 380.0022706 10/04/2022
0.00 SANTA ANA
Total: 69719Check No. 380.00
Total for RANCHO VIEJO II HOA 760.00
KY 40285-6158
0.0010/06/2022 69677OP
10/06/20220169
10/06/2022CITY HALL (F)
10/06/2022OPERATING SUPPLIES SEP 120249READY REFRESH BY NESTLE 1,365.4112I0031546419
0.00 LOUISVILLE
Total: 69677Check No. 1,365.41
Total for READY REFRESH BY NESTLE 1,365.41
CA 92110
0.0010/06/2022 69678OP
10/06/202223481
10/06/2022AUG (PW)
10/06/2022LOS ALISOS / ROCKFIELD DESIGN 120217RICK ENGINEERING COMPANY 9,700.700090134
0.00 SAN DIEGO
CA 92110
0.0010/06/2022 69678OP
10/06/202223481
10/06/2022
10/06/2022BAKE/TOLEDO DESIGN AUG (PW) 120218RICK ENGINEERING COMPANY 9,568.250090133
0.00 SAN DIEGO
Item: 6
42 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
28Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 92110
0.0010/06/2022 69678OP
10/06/202223481
10/06/2022AUG (PW)
10/06/2022JERONIMO / LAKE FOREST DESIGN 120219RICK ENGINEERING COMPANY 3,539.000090132
0.00 SAN DIEGO
CA 92110
0.0010/06/2022 69678OP
10/06/202223481
10/06/2022AUG (PW)
10/06/2022RANCHO/LAKE FOREST DESIGN 120220RICK ENGINEERING COMPANY 1,655.000090131
0.00 SAN DIEGO
CA 92110
0.0010/06/2022 69678OP
10/06/202223481
10/06/2022AUG PW 2018-01 (PW)
10/06/2022EL TORO / PORTOLA PKWY DESIGN 120221RICK ENGINEERING COMPANY 722.6918291C(35)
0.00 SAN DIEGO
CA 92110
0.0010/06/2022 69678OP
10/06/202223481
10/06/2022
10/06/2022BAKE/TRABUCO DESIGN AUG (PW) 120251RICK ENGINEERING COMPANY 752.500090142
0.00 SAN DIEGO
Total: 69678Check No. 25,938.14
CA 92110
0.0010/27/2022 69803OP
10/27/202223481
10/27/2022SEP (PW)
10/27/2022BAKE/TRABUCO DESIGN 120511RICK ENGINEERING COMPANY 772.500090637
0.00 SAN DIEGO
CA 92110
0.0010/27/2022 69803OP
10/27/202223481
10/27/2022SEP PW 2018-01 (PW)
10/27/2022EL TORO/PORTOLA PKWY DESIGN 120512RICK ENGINEERING COMPANY 705.0018291C(36)
0.00 SAN DIEGO
CA 92110
0.0010/27/2022 69803OP
10/27/202223481
10/27/2022DESIGN SEP (PW)
10/27/2022RANCHO/LAKE FOREST 120513RICK ENGINEERING COMPANY 1,909.050090692
0.00 SAN DIEGO
CA 92110
0.0010/27/2022 69803OP
10/27/202223481
10/27/2022SEP (PW)
10/27/2022JERONIMO/LAKE FOREST DESIGN 120514RICK ENGINEERING COMPANY 4,572.650090693
0.00 SAN DIEGO
CA 92110
0.0010/27/2022 69803OP
10/27/202223481
10/27/2022
10/27/2022BAKE/TOLEDO DESIGN SEP (PW) 120515RICK ENGINEERING COMPANY 15,050.750090694
0.00 SAN DIEGO
CA 92110
0.0010/27/2022 69803OP
10/27/202223481
10/27/2022SEP (PW)
10/27/2022LOS ALISOS/ROCKFIELD DESIGN 120516RICK ENGINEERING COMPANY 16,506.450090695
0.00 SAN DIEGO
Total: 69803Check No. 39,516.40
Total for RICK ENGINEERING COMPANY 65,454.54
Item: 6
43 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
29Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 92675
0.0010/20/2022 69765OP
10/20/20221833
10/20/2022PLAN CONST SUPPORT AUG (PW)
10/20/2022NEIGHBORHOOD PARK IMPROVEMENT 120451RJM DESIGN GROUP INC. 330.0035218
0.00 SAN JUAN CAPISTRANO
Total: 69765Check No. 330.00
Total for RJM DESIGN GROUP INC. 330.00
CA 92675
0.0010/13/2022 69720OP
10/13/2022011230
10/13/2022ASSISTANT (CD)
10/13/2022PLANNING CONSULTANT SERVICES- 120323SAGECREST PLANNING AND 8,897.003716
0.00 ENVIRONMENTAL LLC
SAN JUAN CAPISTRANO
Total: 69720Check No. 8,897.00
Total for SAGECREST PLANNING AND 8,897.00
0.0010/27/2022 69804OP
10/27/2022191703
10/27/2022CONFERENECE 9/6 - 9/9 (CC)
10/27/2022TRAVEL REIMBURSEMENT LOCC 120481SCOTT VOIGTS 651.1410/17/2022
0.00 Total: 69804Check No. 651.14
Total for SCOTT VOIGTS 651.14
OH 45263-1186
0.0010/13/2022 69721OP
10/13/2022011713
10/13/2022AUG (PW)
10/13/2022BUS SHELTER MAINTENANCE 120281SHELTERCLEAN SERVICES INC 2,938.36716318
0.00 CINCINNATI
Total: 69721Check No. 2,938.36
OH 45263-1186
0.0010/27/2022 69805OP
10/27/2022011713
10/27/2022
10/27/2022BUS SHELTER REPAIRS SEP (PW) 120525SHELTERCLEAN SERVICES INC 217.15719026
0.00 CINCINNATI
OH 45263-1186
0.0010/27/2022 69805OP
10/27/2022011713
10/27/2022SEP (PW)
10/27/2022BUS SHELTER MAINTENANCE 120526SHELTERCLEAN SERVICES INC 4,095.13719025
0.00 CINCINNATI
Total: 69805Check No. 4,312.28
Total for SHELTERCLEAN SERVICES INC 7,250.64
Item: 6
44 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
30Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
WA 99202
0.0010/13/2022 69722OP
10/13/2022011227
10/13/2022PYMT
10/13/2022SUMMER CLASS INSTRUCTOR 120331SKYHAWKS SPORTS ACADEMY 1,018.5011030
0.00 INC.
SPOKANE
WA 99202
0.0010/13/2022 69722OP
10/13/2022011227
10/13/2022PYMT
10/13/2022SUMMER CLASS INSTRUCTOR 120368SKYHAWKS SPORTS ACADEMY 913.5011031
0.00 INC.
SPOKANE
WA 99202
0.0010/13/2022 69722OP
10/13/2022011227
10/13/2022PYMT
10/13/2022SUMMER CLASS INSTRUCTOR 120369SKYHAWKS SPORTS ACADEMY 1,113.0011025
0.00 INC.
SPOKANE
WA 99202
0.0010/13/2022 69722OP
10/13/2022011227
10/13/2022PYMT
10/13/2022SUMMER CLASS INSTRUCTOR 120370SKYHAWKS SPORTS ACADEMY 1,113.0011026
0.00 INC.
SPOKANE
WA 99202
0.0010/13/2022 69722OP
10/13/2022011227
10/13/2022PYMT
10/13/2022SUMMER CLASS INSTRUCTOR 120371SKYHAWKS SPORTS ACADEMY 556.5011027
0.00 INC.
SPOKANE
WA 99202
0.0010/13/2022 69722OP
10/13/2022011227
10/13/2022PYMT
10/13/2022SUMMER CLASS INSTRUCTOR 120372SKYHAWKS SPORTS ACADEMY 938.7011035
0.00 INC.
SPOKANE
WA 99202
0.0010/13/2022 69722OP
10/13/2022011227
10/13/2022PYMT
10/13/2022SUMMER CLASS INSTRUCTOR 120373SKYHAWKS SPORTS ACADEMY 1,075.9011043
0.00 INC.
SPOKANE
WA 99202
0.0010/13/2022 69722OP
10/13/2022011227
10/13/2022PYMT
10/13/2022SUMMER CLASS INSTRUCTOR 120374SKYHAWKS SPORTS ACADEMY 2,263.1011044
0.00 INC.
SPOKANE
WA 99202
0.0010/13/2022 69722OP
10/13/2022011227
10/13/2022PYMT
10/13/2022SUMMER CLASS INSTRUCTOR 120375SKYHAWKS SPORTS ACADEMY 710.5011032
0.00 INC.
SPOKANE
WA 99202
0.0010/13/2022 69722OP
10/13/2022011227
10/13/2022PYMT
10/13/2022SUMMER CLASS INSTRUCTOR 120376SKYHAWKS SPORTS ACADEMY 1,018.5011033
0.00 INC.
SPOKANE
WA 99202
0.0010/13/2022 69722OP
10/13/2022011227
10/13/2022PYMT
10/13/2022SUMMER CLASS INSTRUCTOR 120377SKYHAWKS SPORTS ACADEMY 413.0011034
0.00 INC.
SPOKANE
Item: 6
45 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
31Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
WA 99202
0.0010/13/2022 69722OP
10/13/2022011227
10/13/2022PYMT
10/13/2022SUMMER CLASS INSTRUCTOR 120378SKYHAWKS SPORTS ACADEMY 1,859.2011042
0.00 INC.
SPOKANE
WA 99202
0.0010/13/2022 69722OP
10/13/2022011227
10/13/2022PYMT
10/13/2022SUMMER CLASS INSTRUCTOR 120379SKYHAWKS SPORTS ACADEMY 2,130.8011038
0.00 INC.
SPOKANE
WA 99202
0.0010/13/2022 69722OP
10/13/2022011227
10/13/2022PYMT
10/13/2022SUMMER CLASS INSTRUCTOR 120380SKYHAWKS SPORTS ACADEMY 1,736.0011039
0.00 INC.
SPOKANE
Total: 69722Check No. 16,860.20
Total for SKYHAWKS SPORTS ACADEMY 16,860.20
CA 91746
0.0010/27/2022 69806OP
10/27/2022010509
10/27/2022(CS)
10/27/2022PORTALET RENTALS 10/04-10/31 120495SO CAL INDUSTRIES 114.28592357
0.00 CITY OF INDUSTRY
Total: 69806Check No. 114.28
Total for SO CAL INDUSTRIES 114.28
CA 91772-0002
0.0010/20/2022 69766OP
10/20/20220508
10/20/2022(PW)
10/20/2022PORTOLA PARK UTILITIES SEP 120454SOUTHERN CALIFORNIA EDISON
71.191549 10/05/2022
0.00 ROSEMEAD
CA 91772-0002
0.0010/20/2022 69766OP
10/20/20220508
10/20/2022(PW)
10/20/2022CIVIC CENTER UTILITIES SEP 120455SOUTHERN CALIFORNIA EDISON 21,883.448477 10/08/2022
0.00 ROSEMEAD
CA 91772-0002
0.0010/20/2022 69766OP
10/20/20220508
10/20/2022PARKING GARAGE (PW)
10/20/2022CIVIC CENTER UTILITIES SEP 120456SOUTHERN CALIFORNIA EDISON 7,049.158114 10/08/2022
0.00 ROSEMEAD
CA 91772-0002
0.0010/20/2022 69766OP
10/20/20220508
10/20/2022(PW)
10/20/2022STREET LIGHT UTILITIES SEP 120457SOUTHERN CALIFORNIA EDISON
59.045146 10/05/2022
0.00 ROSEMEAD
CA 91772-0002
0.0010/20/2022 69766OP
10/20/20220508
10/20/2022(PW)
10/20/2022STREET LIGHT UTILITIES SEP 120458SOUTHERN CALIFORNIA EDISON 71,642.363106 10/03/2022
0.00 ROSEMEAD
Total: 69766Check No. 100,705.18
Item: 6
46 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
32Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 91772-0002
0.0010/27/2022 69807OP
10/27/20220508
10/27/2022LFSP, BUS SHELTERS (PW)
10/27/2022PARK UTILITIES SEP PARKS, MPS, 120488SOUTHERN CALIFORNIA EDISON 15,382.333611 10/13/2022
0.00 ROSEMEAD
Total: 69807Check No. 15,382.33
Total for SOUTHERN CALIFORNIA EDISON 116,087.51
OH 44096-8012
0.0010/06/2022 69679OP
10/06/2022011603
10/06/2022
10/06/2022PUBLIC NOTICES AUG (CC) 120222SOUTHERN CALIFORNIA NEWS GROUP 5,887.760000549367
0.00 WILLOUGHBY
Total: 69679Check No. 5,887.76
Total for SOUTHERN CALIFORNIA NEWS GROUP 5,887.76
CA 92029
0.0010/27/2022 69808OP
10/27/2022011895
10/27/2022OCT (PW)
10/27/2022TRIP-HAZARD CONCRETE PATCHING 120465SOUTHERN CALIFORNIA PRECISION 20,605.5022-0223
0.00 CONCRETE INC
ESCONDIDO
Total: 69808Check No. 20,605.50
Total for SOUTHERN CALIFORNIA PRECISION 20,605.50
CA 92630
0.0010/13/2022 69723OP
10/13/2022011427
10/13/2022THEFT (PS)
10/13/2022SHREDDING SERVICES AUG I.D. 120255SOUTHERN CALIFORNIA SHREDDING 825.00207003
0.00 INC.
LAKE FOREST
Total: 69723Check No. 825.00
Total for SOUTHERN CALIFORNIA SHREDDING 825.00
CA 92630
0.0010/13/2022 69724OP
10/13/202219391
10/13/2022
10/13/2022CERT GIVEAWAYS (PS) 120257SPECTRUM SPECIALTIES 703.4436444
0.00 & AWARDS
LAKE FOREST
Total: 69724Check No. 703.44
CA 92630
0.0010/20/2022 69767OP
10/20/202219391
10/20/2022
10/20/2022REC LEADER STAFF UNIFORM (CS) 120452SPECTRUM SPECIALTIES
54.9136494
0.00 & AWARDS
LAKE FOREST
Total: 69767Check No. 54.91
Item: 6
47 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
33Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
Total for SPECTRUM SPECIALTIES 758.35
CA 92503
0.0010/20/2022 69768OP
10/20/2022011486
10/20/2022LFSP OCT (CS)
10/20/202210 HOME PLATES, 2 FIELD RAKES 120453SPORTS FACILITIES GROUP INC. 1,215.09A15346
0.00 RIVERSIDE
Total: 69768Check No. 1,215.09
Total for SPORTS FACILITIES GROUP INC. 1,215.09
CA 92630
0.0010/13/2022 69725OP
10/13/2022191671
10/13/2022
10/13/2022BUSINESS CARDS OCT (CD) 120326STUDIO TWO * BLACK DIAMOND 140.0899254
0.00 PRINTING & GRAPHICS
LAKE FOREST
Total: 69725Check No. 140.08
Total for STUDIO TWO * BLACK DIAMOND 140.08
NY 11210
0.0010/13/2022 69726OP
10/13/2022010899
10/13/2022PYMT
10/13/2022SUMMER CLASS INSTRUCTOR 120329SUPER SOCCER STARS
7.0011073
0.00 BROOKLYN
NY 11210
0.0010/13/2022 69726OP
10/13/2022010899
10/13/2022PYMT
10/13/2022SUMMER CLASS INSTRUCTOR 120381SUPER SOCCER STARS
0.3011045 A
0.00 BROOKLYN
NY 11210
0.0010/13/2022 69726OP
10/13/2022010899
10/13/2022PYMT
10/13/2022SUMMER CLASS INSTRUCTOR 120382SUPER SOCCER STARS 483.0011064
0.00 BROOKLYN
Total: 69726Check No. 490.30
Total for SUPER SOCCER STARS 490.30
CA 90660-4512
0.0010/13/2022 69727OP
10/13/2022010654
10/13/2022VARIOUS PARKS (PW)
10/13/2022GRAFFITI REMOVAL & STEAM SEP 120280SUPERIOR PROPERTY SERVICES INC 10,825.0017620
0.00 PICO RIVERA
CA 90660-4512
0.0010/13/2022 69727OP
10/13/2022010654
10/13/2022CENTER SEP(CS)
10/13/2022PRESSURE WASH COMMUNITY 120293SUPERIOR PROPERTY SERVICES INC 675.0017621
0.00 PICO RIVERA
Total: 69727Check No. 11,500.00
Item: 6
48 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
34Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
Total for SUPERIOR PROPERTY SERVICES INC 11,500.00
CA 94966
0.0010/27/2022 69809OP
10/27/2022011764
10/27/2022UPDATES APRIL (CD)
10/27/2022MIXED USE ZONING CODE 120508SWA GROUP INC
1,856.65190321
0.00 SAUSALITO
Total: 69809Check No. 1,856.65
Total for SWA GROUP INC 1,856.65
CA 91756
0.0010/20/2022 69769OP
10/20/20221937
10/20/2022(PW)
10/20/2022CIVIC CENTER UTILITIES SEP 120461THE GAS COMPANY 900.149109 10/10/2022
0.00 MONTEREY PARK
Total: 69769Check No. 900.14
CA 91756
0.0010/27/2022 69810OP
10/27/20221937
10/27/2022
10/27/2022SPORTS PARK UTILITIES SEP (PW) 120497THE GAS COMPANY 111.712943 10/11/2022
0.00 MONTEREY PARK
Total: 69810Check No. 111.71
Total for THE GAS COMPANY 1,011.85
CA 90010
0.0010/27/2022 69811OP
10/27/2022011073
10/27/2022SEP (CC)
10/27/2022NOTICE OF ELECTION TRANSLATION 120496THE KOREA TIMES LOS ANGELES 450.00IV220900060
0.00 INC.
LOS ANGELES
Total: 69811Check No. 450.00
Total for THE KOREA TIMES LOS ANGELES 450.00
CA 92614
0.0010/27/2022 69812OP
10/27/20222084
10/27/2022PRINTING (CM)
10/27/2022BUSINESS RESOURCES BROCHURE 120502THE PM GROUP INC. 1,992.82134814
0.00 IRVINE
Total: 69812Check No. 1,992.82
Total for THE PM GROUP INC. 1,992.82
CA 92630
0.0010/20/2022 69770OP
10/20/2022011398
10/20/2022
10/20/2022PRE-EMPLOYMENT SEP (MS) 120460THE UPS STORE 0026 225.00TCLF0920220026A
0.00 LAKE FOREST
Item: 6
49 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
35Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
Total: 69770Check No. 225.00
Total for THE UPS STORE 0026 225.00
CA 92691
0.0010/06/2022 69680OP
10/06/20220814
10/06/2022
10/06/2022CONSULTING SERVICES SEP (CD) 120226THERESA DOBBS 2,295.0009/29/2022
0.00 MISSION VIEJO
Total: 69680Check No. 2,295.00
Total for THERESA DOBBS 2,295.00
CA 92679
0.0010/06/2022 69681OP
10/06/2022010570
10/06/2022SEP HEROES PARK (PW)
10/06/2022REPLACE 9 CIRCUIT BREAKERS 120227THOMAS J. O'CONNELL 2,707.52INV-2022-163
0.00 DBA: LAKE FOREST ELECTRIC
TRABUCO CANYON
CA 92679
0.0010/06/2022 69681OP
10/06/2022010570
10/06/2022TO FLOODING SEP HEROES PK (PW)
10/06/2022SHUT OFF ELECTRICAL POWER DUE 120228THOMAS J. O'CONNELL 634.06INV-2022-164
0.00 DBA: LAKE FOREST ELECTRIC
TRABUCO CANYON
CA 92679
0.0010/06/2022 69681OP
10/06/2022010570
10/06/2022SEP HEROES PARK (PW)
10/06/2022WIRING TO REROUTE LIGHTS 120229THOMAS J. O'CONNELL 2,181.96INV-2022-165
0.00 DBA: LAKE FOREST ELECTRIC
TRABUCO CANYON
CA 92679
0.0010/06/2022 69681OP
10/06/2022010570
10/06/2022SEP HEROES PARK (PW)
10/06/2022REPLACE CONDUIT, BOX, WIRING 120230THOMAS J. O'CONNELL 2,866.48INV-2022-166
0.00 DBA: LAKE FOREST ELECTRIC
TRABUCO CANYON
CA 92679
0.0010/06/2022 69681OP
10/06/2022010570
10/06/2022(PW)
10/06/2022LIGHT CHECK SEP HEROES PARK 120231THOMAS J. O'CONNELL 181.16INV-2022-167
0.00 DBA: LAKE FOREST ELECTRIC
TRABUCO CANYON
CA 92679
0.0010/06/2022 69681OP
10/06/2022010570
10/06/2022FIXTURE REPAIRS JUL RIMGATE-PW
10/06/2022CLOCKS, RESTROOM & BUILDING 120232THOMAS J. O'CONNELL 785.65INV-2022-168
0.00 DBA: LAKE FOREST ELECTRIC
TRABUCO CANYON
CA 92679
0.0010/06/2022 69681OP
10/06/2022010570
10/06/2022SERRANO PARK (PW)
10/06/2022REPAIR TIME CLOCK JUL 120233THOMAS J. O'CONNELL 181.16INV-2022-169
0.00 DBA: LAKE FOREST ELECTRIC
TRABUCO CANYON
CA 92679
0.0010/06/2022 69681OP
10/06/2022010570
10/06/2022JUL LFSP (PW)
10/06/2022REPAIR BASKETBALL COURT OUTLET 120234THOMAS J. O'CONNELL 271.74INV-2022-170
0.00 DBA: LAKE FOREST ELECTRIC
TRABUCO CANYON
Item: 6
50 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
36Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
CA 92679
0.0010/06/2022 69681OP
10/06/2022010570
10/06/2022SKATE PARK (PW)
10/06/2022REPLACE OUTLET COVER JUL 120235THOMAS J. O'CONNELL 185.24INV-2022-171
0.00 DBA: LAKE FOREST ELECTRIC
TRABUCO CANYON
CA 92679
0.0010/06/2022 69681OP
10/06/2022010570
10/06/2022HEROES PARK (PW)
10/06/2022REPAIR LIGHT POLE JUL 120236THOMAS J. O'CONNELL 724.64INV-2022-172
0.00 DBA: LAKE FOREST ELECTRIC
TRABUCO CANYON
CA 92679
0.0010/06/2022 69681OP
10/06/2022010570
10/06/2022BULBS JUL FOOTHILL RCH PK (PW)
10/06/2022REPLACE WM RESTROOM LIGHT 120237THOMAS J. O'CONNELL 193.47INV-2022-173
0.00 DBA: LAKE FOREST ELECTRIC
TRABUCO CANYON
CA 92679
0.0010/06/2022 69681OP
10/06/2022010570
10/06/2022FOOTHILL RANCH PARK (PW)
10/06/2022LIGHTING REPAIRS SEP 120238THOMAS J. O'CONNELL 452.90INV-2022-175
0.00 DBA: LAKE FOREST ELECTRIC
TRABUCO CANYON
CA 92679
0.0010/06/2022 69681OP
10/06/2022010570
10/06/2022VETERANS PARK (PW)
10/06/2022REPAIRED LIGHT POLE SEP 120239THOMAS J. O'CONNELL 181.16INV-2022-176
0.00 DBA: LAKE FOREST ELECTRIC
TRABUCO CANYON
CA 92679
0.0010/06/2022 69681OP
10/06/2022010570
10/06/2022PEBBLE CREEK PARK (PW)
10/06/2022REPAIR LIGHT POLE SEP 120240THOMAS J. O'CONNELL 317.03INV-2022-177
0.00 DBA: LAKE FOREST ELECTRIC
TRABUCO CANYON
CA 92679
0.0010/06/2022 69681OP
10/06/2022010570
10/06/2022SUNDOWNER PARK (PW)
10/06/2022REPAIR LIGHTING TIMER SEP 120241THOMAS J. O'CONNELL 181.16INV-2022-178
0.00 DBA: LAKE FOREST ELECTRIC
TRABUCO CANYON
Total: 69681Check No. 12,045.33
Total for THOMAS J. O'CONNELL 12,045.33
CA 91362
0.0010/20/2022 69771OP
10/20/202261081
10/20/2022
10/20/2022GASB 75 VALUATION SERVICES (F) 120459TOTAL COMPENSATION 3,500.0010962
0.00 SYSTEMS, INC.
WESTLAKE VILLAGE
Total: 69771Check No. 3,500.00
Total for TOTAL COMPENSATION 3,500.00
CA 92619
0.0010/06/2022 69682OP
10/06/2022011454
10/06/2022(CS)
10/06/2022AV FOR PAC EVENT 8/13, 8/27 120223TRIPEPI SMITH AND ASSOCIATES 142.508619-A
0.00 INC
IRVINE
Total: 69682Check No. 142.50
Item: 6
51 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
37Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
Total for TRIPEPI SMITH AND ASSOCIATES 142.50
TX 75320-3556
0.0010/06/2022 69683OP
10/06/20220626
10/06/2022BALANCE (MS)
10/06/2022CITY MOBILE APP FY22-23 120224TYLER TECHNOLOGIES INC. 6,945.75025-379664
0.00 DALLAS
TX 75320-3556
0.0010/06/2022 69683OP
10/06/20220626
10/06/2022BALANCE (MS)
10/06/2022CITY MOBILE APP FY22-23 120225TYLER TECHNOLOGIES INC. -3,473.00025-392093
0.00 DALLAS
Total: 69683Check No. 3,472.75
Total for TYLER TECHNOLOGIES INC. 3,472.75
MO 63179-0428
0.0010/27/2022 69813OP
10/27/20222128
10/27/2022
10/27/2022CAL-CARD PURCHASES SEP 120547U.S. BANK CORPORATE PAYMENT 28,787.224348 2022-09-25
0.00 SYSTEMS
ST. LOUIS
MO 63179-0428
0.0010/27/2022 69813OP
10/27/20222128
10/27/2022
10/27/2022CAL-CARD PURCHASES SEP 120548U.S. BANK CORPORATE PAYMENT 987.516249 2022-09-25
0.00 SYSTEMS
ST. LOUIS
Total: 69813Check No. 29,774.73
Total for U.S. BANK CORPORATE PAYMENT 29,774.73
IL 60680-1741
0.0010/06/2022 69684OP
10/06/20222145
10/06/2022CENTER (CS)
10/06/2022ICE PACKS FOR RECREATION 120242ULINE, INC.
217.23153817384
0.00 CHICAGO
Total: 69684Check No. 217.23
Total for ULINE, INC. 217.23
CA 92877-0102
0.0010/13/2022 69728OP
10/13/2022011138
10/13/2022NOTIFICATIONS SEP (PW)
10/13/2022UNDERGROUND SERVICES ALERT 120260UNDERGROUND SERVICE ALERT OF 164.00920220386
0.00 SOUTHERN CALIFORNIA
CORONA
Total: 69728Check No. 164.00
Total for UNDERGROUND SERVICE ALERT OF 164.00
Item: 6
52 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
38Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
TX 75266-0108
0.0010/06/2022 69685OP
10/06/2022010673
10/06/2022SERVICE SEP (CM)
10/06/2022CELLULAR PHONES AND DATA 120243VERIZON WIRELESS 1,260.179915697546
0.00 DALLAS
Total: 69685Check No. 1,260.17
TX 75266-0108
0.0010/27/2022 69814OP
10/27/2022010673
10/27/2022SERVICE OCT (CM)
10/27/2022CELLULAR PHONES AND DATA 120500VERIZON WIRELESS 265.349917658682
0.00 DALLAS
Total: 69814Check No. 265.34
Total for VERIZON WIRELESS 1,525.51
AZ 85016
0.0010/06/2022 69686OP
10/06/2022011871
10/06/20229/25 (A KOTSCHEDOFF) (CD)
10/06/2022TEMP SERVICES WEEK ENDING 120244VINCENTBENJAMIN GROUP LLC 1,360.0095702175049
0.00 PHOENIX
AZ 85016
0.0010/06/2022 69686OP
10/06/2022011871
10/06/20229/25 (C SHULDA) (CD)
10/06/2022TEMP SERVICES WEEK ENDING 120245VINCENTBENJAMIN GROUP LLC 1,360.0095702175050
0.00 PHOENIX
AZ 85016
0.0010/06/2022 69686OP
10/06/2022011871
10/06/20229/25 (A TRAN) (CC)
10/06/2022TEMP SERVICES WEEK ENDING 120246VINCENTBENJAMIN GROUP LLC 1,360.0095702175048
0.00 PHOENIX
Total: 69686Check No. 4,080.00
AZ 85016
0.0010/13/2022 69729OP
10/13/2022011871
10/13/202210/2 (A KOTSCHEDOFF) (CD)
10/13/2022TEMP SERVICES WEEK ENDING 120305VINCENTBENJAMIN GROUP LLC 1,326.0095702175386
0.00 PHOENIX
AZ 85016
0.0010/13/2022 69729OP
10/13/2022011871
10/13/202210/2 (C SHULDA) (CD)
10/13/2022TEMP SERVICES WEEK ENDING 120306VINCENTBENJAMIN GROUP LLC 1,360.0095702175382
0.00 PHOENIX
AZ 85016
0.0010/13/2022 69729OP
10/13/2022011871
10/13/2022(E COLES) (F)
10/13/2022TEMP SERVICES WEEK ENDING 9/11 120307VINCENTBENJAMIN GROUP LLC 864.6095702174497
0.00 PHOENIX
AZ 85016
0.0010/13/2022 69729OP
10/13/2022011871
10/13/20229/18 (E COLES) (F)
10/13/2022TEMP SERVICES WEEK ENDING 120308VINCENTBENJAMIN GROUP LLC 1,257.6095702174776
0.00 PHOENIX
Item: 6
53 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
39Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
Total: 69729Check No. 4,808.20
AZ 85016
0.0010/20/2022 69772OP
10/20/2022011871
10/20/2022(A TRAN) (CC)
10/20/2022TEMP SERVICES WEEK ENDING 10/2 120463VINCENTBENJAMIN GROUP LLC 1,258.0095702175396
0.00 PHOENIX
Total: 69772Check No. 1,258.00
AZ 85016
0.0010/27/2022 69815OP
10/27/2022011871
10/27/202210/9 (A KOTSCHEDOFF) (CD)
10/27/2022TEMP SERVICES WEEK ENDING 120531VINCENTBENJAMIN GROUP LLC 986.0095702175696
0.00 PHOENIX
AZ 85016
0.0010/27/2022 69815OP
10/27/2022011871
10/27/2022(C SHULDA) (CD)
10/27/2022TEMP SERVICES WEEK ENDING 10/9 120532VINCENTBENJAMIN GROUP LLC 1,054.0095702175691
0.00 PHOENIX
AZ 85016
0.0010/27/2022 69815OP
10/27/2022011871
10/27/202210/16 (C SHULDA) (CD)
10/27/2022TEMP SERVICES WEEK ENDING 120533VINCENTBENJAMIN GROUP LLC 1,360.0095702175900
0.00 PHOENIX
AZ 85016
0.0010/27/2022 69815OP
10/27/2022011871
10/27/202210/16 (A KOTSCHEDOFF) (CD)
10/27/2022TEMP SERVICES WEEK ENDING 120534VINCENTBENJAMIN GROUP LLC 1,275.0095702175914
0.00 PHOENIX
Total: 69815Check No. 4,675.00
Total for VINCENTBENJAMIN GROUP LLC 14,821.20
TX 75312-3151
0.0010/13/2022 69730OP
10/13/2022011588
10/13/2022CENTER (CM)
10/13/2022VOIP SYSTEM OCT CIVIC 120297VONAGE BUSINESS
8,960.982202118
0.00 DALLAS
TX 75312-3151
0.0010/13/2022 69730OP
10/13/2022011588
10/13/2022(CM)
10/13/2022VOIP SYSTEM OCT SPORTS PARK 120298VONAGE BUSINESS 575.302202116
0.00 DALLAS
TX 75312-3151
0.0010/13/2022 69730OP
10/13/2022011588
10/13/2022(CM)
10/13/2022VOIP SYSTEM OCT SKATE PARK 120299VONAGE BUSINESS 172.412202117
0.00 DALLAS
Total: 69730Check No. 9,708.69
Total for VONAGE BUSINESS 9,708.69
Item: 6
54 11:43 am
10/27/2022
INVOICE APPROVAL LIST REPORT - DETAIL
CITY OF LAKE FOREST
Time:
Date:
40Page:
Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.
Taxes Withheld
MO 63195-2818
0.0010/20/2022 69773OP
10/20/20222212
10/20/2022CD, CM, CS)
10/20/2022CITY VEHICLE FUEL AUG (PS, PW, 120462VOYAGER FLEET SYSTEMS INC. 2,914.2886906911272239
0.00 SAINT LOUIS
Total: 69773Check No. 2,914.28
Total for VOYAGER FLEET SYSTEMS INC. 2,914.28
CA 92806
0.0010/20/2022 69774OP
10/20/202223721
10/20/2022
10/20/2022TREE MAINTENANCE SEP (PW) 120480WEST COAST ARBORISTS, INC. 38,789.00190733
0.00 ANAHEIM
Total: 69774Check No. 38,789.00
Total for WEST COAST ARBORISTS, INC. 38,789.00
CA 92630
0.0010/13/2022 69731OP
10/13/2022010938
10/13/2022
10/13/2022HOCKEY RINK POSTCARDS (MS) 120300WESTAMERICA COMMUNICATIONS 982.00349888
0.00 LAKE FOREST
Total: 69731Check No. 982.00
Total for WESTAMERICA COMMUNICATIONS 982.00
-3,473.00
0.00 3,926,942.65
3,923,469.65
3,923,469.65
Net Total:
Less Hand Check Total:
Grand Total:
Total Invoices: 291 Less Credit Memos:
Outstanding Invoice Total:
Item: 6
55 LAKE FOREST CITY COUNCIL MINUTES OCTOBER 18, 2022
Page No. 1
5 1
1 4
0 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, October 18, 2022, at the Lake Forest City Council Chamber, 100 Civic Center Drive, Lake Forest, California, was called to order at 6:30 p.m.
ROLL CALL: Councilmembers:
Mayor Pro Tem
Mayor:
City Manager:
City Attorney:
City Clerk:
Mark Tettemer
Scott Voigts
Neeki Moatazedi (teleconference)
Doug Cirbo
Robert Pequeño
Debra Rose
Matthew Richardson
Lisa Berglund
PUBLIC SESSION:
INVOCATION: The Invocation was provided by Sister Lorraine Ludden of The Church of Jesus Christ of Latter-Day Saints.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Mayor Pro Tem Cirbo.
PRESENTATION:
1. NEW EMPLOYEE INTRODUCTIONS
ACTION: The presentation of new employees was received and filed.
PUBLIC COMMENTS:
Hiva Kamangar supports raising awareness of the protests in Iran surrounding the death of Mahsa Amini.
Randy Johnson supports Council District candidates participating in a candidate’s forum.
CONSENT CALENDAR: (Item Nos. 2-7)
Public comment was received by Randy Johnson opposing the approval of Item No. 4.
MOTION: It was moved by Mayor Pequeño and seconded by Council Member Voigts to approve Consent Calendar Item Nos. 2-7 with Council Member Tettemer opposing Item No. 3. The motion was carried by a vote of 5/0.
2. MOTION TO WAIVE RESOLUTIONS OF RESOLUTIONS AND ORDINANCES ACTION: Said Ordinances and Resolutions which appeared on the public Item: 7
56 LAKE FOREST CITY COUNCIL MINUTES OCTOBER 18, 2022
Page No. 2
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0 agenda were determined to have been read by title and further reading was waived.
3. CONTINUING TO HOLD VIRTUAL MEETING 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.
4. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON OCTOBER 4, 2022
ACTION: Council gave direction to provide a brief description of comments made by the public. The minutes were approved as submitted.
5. COOPERATIVE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION
AUTHORITY FOR GENERAL TRAFFIC SIGNAL SYNCHRONIZATION
PROJECT
ACTION: The Cooperative Agreement No. C22632 between Orange County Transportation Authority and the City of Lake Forest for the Bake Parkway / Rockfield Boulevard Traffic Signal Synchronization Project for funding and implementation of improvements on Bake Parkway and Rockfield Boulevard under the OC-Go Regional Traffic Signal Synchronization Program was approved. The Mayor was authorized to sign, and the City Clerk was authorized to attest, Cooperative Agreement No. C22632, substantially in the form presented.
6. APPROVAL OF FINAL TRACT MAP NO. 19138
ACTION: A Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 19138, CREATING AN 83-NUMBERED AND 7-LETTERED LOT
SUBDIVISION FOR SINGLE FAMILY RESIDENTIAL PURPOSES ON 25.761
ACRES LOCATED ON THE SOUTHEAST CORNER OF GLENN RANCH
ROAD AND SADDLEBACK RANCH ROAD” was approved.
The Subdivision Improvement Agreement with USA Portola East, LLC to construct the subdivision improvements associated with Final Tract Map No. 19138 was approved and the Mayor was authorized to execute and the City Clerk was authorized to attest the agreement.
The Subdivision Improvement Faithful Performance Bond and the Subdivision Improvement Labor and Material Bond, each in the amount of $2,645,961.85, the Subdivision Warranty Bond in the amount of $264,596.18, and the Subdivision Improvement Monument Bond in the amount of $62,250 from USA Item: 7
57 LAKE FOREST CITY COUNCIL MINUTES OCTOBER 18, 2022
Page No. 3
5 1
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0 Portola East, LLC for the construction of subdivision improvements was accepted.
7. AUTHORIZATION TO APPLY FOR ORANGE COUNTY TRANASPORTATION GRANT FUNDINGUNDER THE 2023 CALL FOR PROJECTS
ACTION: A resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST, CALIFORNIA APPROVING THE SUBMITTAL
OF THE IRVINE BOULEVARD / TRABUCO ROAD CORRIDOR
IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE MEASURE M2 REGIONAL
TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM” was adopted. The Director of Public Works was authorized to complete and submit the necessary Comprehensive Transportation Funding Program Application forms to the Orange County Transportation Authority for the Irvine Boulevard / Trabuco Road Corridor Improvement Program.
DISCUSSION: (Item Nos. 8 – 9)
8. STRATEGIC PLAN QUARTERLY UPDATE
ACTION: City Manager Rose introduced this item and invited Assistant to the City Manager Sean McGovern to give a presentation on the city’s strategic plan.
The presentation was received by the Mayor and Council. No questions were received and there were no public comments on this item. The report was received and filed.
9. DISCUSSION OF POSSIBLE OPTIONS TO ADDRESS IMPACTS FROM
WAREHOUSE AND DISTRIBUTION FACILITY USES IN THE CITY
City Manager Rose introduced this item and invited Community Development Director Gayle Ackerman to give a presentation on this item. The presentation was received by the Mayor and Council.
Public comments were received from Chris Sanford and Jeremy Mape in support of the City proceeding with a specific application currently on file with the City.
Council Member Moatazedi made a motion to suspend all current applications for industrial use until there staff conducts a study to gather additional information. No second was heard.
City Council questions were asked and answered, and Council discussion ensued.
Council Member Voigts made a motion to provide more time for applicant to Item: 7
58 LAKE FOREST CITY COUNCIL MINUTES OCTOBER 18, 2022
Page No. 4
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0 work with staff on their application. No second was heard.
A motion was made by Council Member Tettemer for staff to present the City Council with a resolution for a 45-day moratorium during the next City Council meeting. During the 45-day timeframe, staff will continue to meet with applicant and other property owners interested in an industrial use. At end of 45 days staff will report back to the City Council with more information on the proposed project in which the City Council will then determine next steps. The motion was seconded by Council Member Voigts.
Council Member Moatazedi amended her original motion to the following; Staff is to bring back a resolution for a moratorium at the next City Council meeting, have staff meet with applicants so that the City Council can have more information for a future meeting and also look into potentially engaging residents and initiating a study. No second was heard.
A motion was made by Mayor Pro Tem Cirbo requesting more information on the proposed project and receive resident feedback within 60 days before the City Council proceeds with a moratorium. The motion was seconded by Council Member Voigts.
Further discussion among the City Council ensued.
A motion was made by Mayor Pequeño to begin the moratorium process, work with those involved and conduct a public engagement survey with the residents.
Further discussion among the City Council ensued.
City Manager Rose rephrased Mayor Pro Tem Cirbo’s motion on the table:
staff is to return to the City Council in 60 days, begin public engagement on the issues, continue to process applications before the City that are requesting an industrial use, come back to the City Council with a general update on the characteristics of those applications and any modifications that could lead to eminent domain. The motion was seconded by Council Member Voigts.
Council Member Voigts called for the vote.
The motion passed 3/2 with Mayor Pequeño and Council Member Moatazedi dissenting.
CITY MANAGERS REPORT: City Manager Rose had nothing further to report.
CITY COUNCIL COMMENTS:
Council Member Moatazedi: Council Member Moatazedi had nothing further to report.
Item: 7
59 LAKE FOREST CITY COUNCIL MINUTES OCTOBER 18, 2022
Page No. 5
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0 Council Member Tettemer: Council Member Tettemer attended the Fall Boutique, attended the Heritage Hill Fall-O-Ween event, and he
attended OCFA Station 19 Open House.
Council Member Voigts: Council Member Voigts attended the Heritage Hill Fall- O-Ween event. The event was well attended.
Mayor Pro Tem Cirbo: Mayor Pro Tem Cirbo attended the Portola Hills Elementary School Fall Festival. He also shared the
general sentiments from members of the public that he
engages with when he is out meeting with residents is
that Lake Forest provides a high quality of life and that we have a run well city.
Mayor Pequeño: Mayor Pequeño attended the Fall Boutique, the OCFA Station 19 Open House, the Monster Mash, a dance
held for those with special needs. Mayor Pequeño
announced that this weekend is the Spooktacular at
the Sports Park from 4:00 p.m. – 8:00 p.m. Lastly,
Mayor Pequeño thanked staff for all of their hard work.
ADJOURNMENT: The meeting of the City Council was adjourned at 8:45 p.m.
Respectfully submitted: APPROVED:
LISA BERGLUND, MPA ROBERT PEQUEÑO
CITY CLERK MAYOR
Item: 7
60 CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/01/2022
DEPARTMENT: Finance
SUBJECT:
MONTHLY TREASURER'S REPORT - SEPTEMBER 2022
RECOMMENDED ACTION(S):
Receive and file.
EXECUTIVE SUMMARY:
The Treasurer's Report for the month ended September 30, 2022 is attached.
There are no exceptions to the Investment Policy. Total cash and investments equal $170.6 million for the period.
DISCUSSION:
The Treasurer’s Report for the month ended September 30, 2022 is attached.
There are no exceptions to the Investment Policy.
Investment Portfolio
The City’s balances consist of the following:
Type Millions
Local Agency Investment Fund (LAIF) 74.0
California Asset Management Program (CAMP) 43.3
Orange County Investment Pool (OCIP) 41.4
Federated Government Obligations Fund 0.0
Operating Bank Balance – US Bank 11.9
Total Cash and Investments $170.6
Item: 8
61 The investment portfolio balance (excluding the operating bank balance) was increased during the last month to $.2 million consistent with staff’s expectations.
The balance in the investment portfolio was consistent with staff’s expectations based on the operating and capital improvement activities during the month.
There were no investment purchases and no maturities 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 believe it is still prudent to maintain funds for liquidity in LAIF. LAIF earned 1.513% on the fund in September, which is slightly lower than the City’s earnings of 1.746% in September 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
1.26% on the fund as of September 30, 2022.
CAMP is a conservative short-term money market investment pool for a group of local agencies. CAMP earned approximately 2.60% on the fund as of September 30, 2022.
Cash with Fiscal Agent
During the month, cash with the fiscal agent was unchanged.
Item: 8
62 FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
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: 8
63 ATTACHMENT
Item: 8
64 VALUE OF PORTFOLIO
This Month Last Month
Market Value 158,645,173 $ 158,528,470$ Book Value 158,645,173$ 158,528,470$
This Month Last Month
Average Maturity (days) 1 1
Average Maturity to Call (days) 1 1
RETURN
This Month Last Month
Average Annual Return 1.746% 1.477%
Average Annual Return to Call 1.746% 1.477%
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
September 30, 2022
Orange County Investment Pool market values are the withdrawal amount. 1 Item: 8
65 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 -$ - $
California Asset Management Program 92,717 $ -$ Orange County Investment Pool 25,906 $ 1,935 $ Federated Government Obligations Fund Service Shares 14$ -$ No exceptions.
EXCEPTIONS TO INVESTMENT POLICY
September 30, 2022
CITY OF LAKE FOREST
MONTHLY INVESTMENT HIGHLIGHTS/
September 30, 2022
EXCEPTIONS TO INVESTMENT POLICY
CITY OF LAKE FOREST
2 Item: 8
66 CITY OF LAKE FOREST
CASH AND INVESTMENTS
September 30, 2022
CASH & INVESTMENTS:
Type Market Value
Bank Accounts 11,885,552 $
Investments 0
Local Agency Investment Fund 73,994,152
California Asset Management Program 43,253,726
Orange County Investment Pool 41,388,381
Federated Government Obligations Fund Service Shares 8,914 Total 170,530,725 $
3 Item: 8
67 CITY OF LAKE FOREST
PORTFOLIO STRUCTURE
September 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 - $ 0.0% 100% 0 0 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 73,994,152 46.6% $75 MM N/A N/A N/A California Asset Management Program 43,253,726 27.3% 30% N/A N/A N/A Orange County Investment Pool 41,388,381 26.1% 100% N/A N/A N/A Federated Government Obligations Fund Service Shares 8,914 0.0% 10% N/A N/A N/A Totals 158,645,173 $ 100.0%
CALLABLES AS PERCENTAGE OF BOOK VALUE:
Federal Agencies - Callable - $ 0.0% 100% 0 0 1825 4 Item: 8
68 INVESTMENT PORTFOLIO BY ISSUER:
Book % of % or $ Over
Issuer Name Value Portfolio Allowed Limit Quality
Local Agency Investment Fund 73,994,152 46.6% $75 MM N/R California Asset Management Program 43,253,726 27.3% 30% N/R Orange County Investment Pool 41,388,381 26.1% 100% N/R Federated Government Obligations Fund Service Shares 8,914 0.0% 10% AAA Totals 158,645,173 $ 100.0%
DISTRIBUTION BY SELLING INSTITUTION:
% of
Name of Institution Book Value Total
Local Agency Investment Fund 73,994,152 46.6%
California Asset Management Program 43,253,726 27.3%
Orange County Investment Pool 41,388,381 26.1%
Federated Government Obligations Fund Service Shares 8,914 0.0% Totals 158,645,173 $ 100.0%
CITY OF LAKE FOREST
DISTRIBUTION BY SELLING INSTITUTION
September 30, 2022
PORTFOLIO STRUCTURE
5 Item: 8
69 CITY OF LAKE FOREST
PORTFOLIO DETAILS SORTED BY MATURITY DATES 1
September 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
LAIF 5 N/A N/A 73,994,152 73,994,152 73,994,152 N/A N/A N/A N/A CAMP 6 N/A N/A 43,253,726 43,253,726 43,253,726 N/A N/A N/A N/A OCIP 7 N/A N/A 41,388,381 41,388,381 41,388,381 N/A N/A N/A N/A Money Market Fund 8
N/A N/A 8,914 8,914 8,914 N/A N/A N/A N/A
Totals 158,645,173 $ 158,645,173 $ 158,645,173 $
1 All investments are held in safekeeping by US Bank.
2 UST = U.S. Treasury/FHLB = Federal Home Loan Bank/FHLMC = Federal Home Loan Mortgage Co./ 3 RAYMOND = Raymond James & Associates, Inc. / MULTI-BANK = Multi-Bank Securities, Inc. 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: 8
70 CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/1/2022
DEPARTMENT: Public Works
SUBJECT:
FOURTH AMENDMENT TO THE AGREEMENT WITH CARLSON STRATEGIC LAND SOLUTIONS, INC. FOR ENVIRONMENTAL PERMIT IMPLEMENTATION
SERVICES
RECOMMENDED ACTION(S):
1. Approve the Fourth Amendment to the Professional Consultant Services Agreement with Carlson Strategic Land Solutions, Inc.
2. Authorize the Mayor to sign, and the City Clerk to attest, the Fourth Amendment substantially in the form attached.
EXECUTIVE SUMMARY:
Staff recommends that the City Council extend the term of the Professional Consultant Services Agreement with Carlson Strategic Land Solutions, Inc., (“Carlson”) one additional year, with no additional contract compensation.
Carlson provides environmental mitigation services for the Civic Center.
Carlson’s Agreement for Professional Consultant Services (“Agreement”) includes managing contracts for landscape management and biological monitoring.
The Agreement with Carlson was approved by the City Council on July 5, 2016 with a compensation amount of $39,750. The term of the Agreement is set to expire on December 5, 2022. The Fourth Amendment to the Agreement for Consultant Services with Carlson would extend the term of the Agreement to December 5, 2023. The Fourth Amendment is necessary to continue the City’s required mitigation services for construction of the Civic Center. Mitigation monitoring is necessary through at least November 2023 when it is anticipated regulatory agencies will approve the mitigation project as acceptable and complete. The Fourth Amendment does not include any rate increases for the services described in the Agreement. The Fourth Amendment does not require additional contract compensation as it merely extends the term of the Agreement by one year without a change in scope of work. The 2021-2023 Operating Budget includes sufficient funding to cover the costs of the recommended action.
Item: 9
71 2
2 5
1 BACKGROUND:
The Civic Center is located in an aquatic resource integrity area within a Special Area Management Plan (“SAMP”) that is regulated by the US Army Corps of Engineers, meaning that a portion of the site includes a habitat that requires environmental mitigation work and oversight. As such, the Civic Center site contains numerous technical requirements the City must meet to remain in compliance. All pre-construction and construction requirements are met and the City is in the post-construction phase of biological monitoring. Carlson oversees the Civic Center mitigation efforts and assists the City by managing contracts for landscape management and biological monitoring. The oversight services provided by Carlson for permit implementation and final approval remains necessary, as the City is still under monitoring.
On July 5, 2016, the City Manager awarded the Agreement (Attachment 1) to Carlson to provide preconstruction Civic Center mitigation monitoring services with a $39,750 compensation amount of a one-year term. On December 6, 2016, the City Council approved the First Amendment (Attachment 2) to the Agreement, which increased the compensation amount to $91,834 for Biological Permit Resource Agency Implementation Oversight Services and extended the term to December 5, 2021. On November 21, 2017, the City Council approved the Second Amendment (Attachment 3) to the Agreement, which increased compensation to $120,977.50 and expanded the scope for required mitigation services. On October 5, 2021, the City Manager approved the Third Amendment ot the Agreement (Attachment 4), which extended the term to November 15, 2022 without any additional compensation.
DISCUSSION:
The mitigation measures and conditions contained in the Regulatory Agency Permits required the establishment of a Mitigation Area that includes: 0.10 acre of new wetland waters 0.46 acre of associated riparian habitat; 0.10 acre of existing drainage; and 0.81 acre of associated riparian vegetation. Due to the technical complexity of the Regulatory Agency Permits, consultant services are needed to ensure all Regulatory Agency reporting and compliance requirements are met. These include numerous technical requirements and conditions that must be satisfied. To ensure the City successfully meets its environmental requirements, it retained qualified consultants with a proven track record of complying with various federal and state environmental mitigation measures, establishing riparian habitats, and preparing post-construction compliance reports. The proposed Fourth Amendment (Attachment 5) would extend the term Item: 9
72 2
2 5
1 of the Agreement to December 5, 2023. This proposed amendment would not require additional compensation, as it merely extends the term of the Agreement by one year. The scope of work would not change.
Over the term of the Agreement, Carlson addressed all regulatory compliance requirements and worked with staff to address issues as-needed. The project has just entered year four of the monitoring and reporting period. Monitoring and reporting work is expected to be needed for a few months after the official end of year five to coordinate with the resource agencies and receive approvals that document the completion of the mitigation and monitoring period. The City will need mitigation monitoring and reporting support through at least November of 2023.
The proposed Fourth Amendment does not modify the scope or increase compensation. The chart below provides an overall summary of the Carlson’s performance since the Third Amendment commenced on October 5, 2021.
Carlson Strategic Land Solutions, Inc. Performance Assessment October 5, 2021, through October 18, 2022
Category Rating
Performance of Scope
of Services
□ Unsatisfied X Satisfied □Very Satisfied □ N/A
Timeliness □ Unsatisfied X Satisfied □ Very Satisfied □ N/A Budget Performance □ Unsatisfied X Satisfied □ Very Satisfied □ N/A Customer Service □ Unsatisfied X Satisfied □ Very Satisfied □ N/A Consistent with the City’s Purchasing and Contracting Guidelines (“Purchasing Guidelines”), including vendor assessment, staff recommends approval of the Fourth Amendment to ensure the City remains in compliance with the monitoring and reporting requirements associated with the Civic Center Mitigation Site.
FISCAL IMPACT:
The proposed Fourth Amendment would maintain the existing contractual rates and contract compensation. The Agreement includes $120,977.50 in compensation, which is sufficient to cover the costs associated with the term extension included in the Fourth Amendment. The 2021-2023 Operating Budget includes sufficient funding to cover the costs of the recommended action.
ATTACHMENTS:
1. Agreement for Professional Consultant Services - Carlson, Inc.
Item: 9
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3. Second Amendment to Agreement for Professional Consultant Services - Carlson, Inc.
4. Third Amendment to Agreement for Professional Consultant Services - Carlson, Inc.
5. Fourth Amendment to Agreement for Professional Consultant Services - Carlson, 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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CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/1/2022
DEPARTMENT: Public Works
SUBJECT:
AWARD CONSTRUCTION CONTRACT FOR THE PORTOLA PARK LIGHTING PROJECT (PW 2017-16A)
RECOMMENDED ACTION(S):
1. Approve contract documents for construction of Portola Park Lighting project.
2. Accept Energy Management Pros request to withdraw its bid due to clerical errors.
3. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2021-2028
CAPITAL IMPROVEMENT PLAN, AMENDING APPROPRIATIONS FOR
FISCAL YEAR 2022-23
4. Award a Construction Contract in the amount of $354,760.00 to Delta Electric LLC.
5. Reject all other bids received and authorize return of the bid bonds upon receipt of the executed contract documents from Delta Electric LLC.
6. Authorize the Mayor to Sign and the City Clerk to attest the Contract with Delta Electric LLC.
EXECUTIVE SUMMARY:
Portola Park is the City’s newest public park and includes a dog park, three pickleball courts, a sand volleyball court, a tot lot, exercise circuit, restrooms, large grassy area with a soccer field, lighted parking lot, and upper tier walkway lighting. After the opening of the park, the City Council directed staff to review the concept of adding lights at Portola Park and directed staff to initiate public engagement activities to assess community support for lighting certain areas of the park. At the meeting of December 21, 2021, the City Council directed staff to add lighting to the pickleball, dog park, and volleyball areas only, and not the soccer fields or tot lot.
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On September 15, 2022, the City received bids from eight (8) firms, ranging from $234,950 to $477,000, to install lighting at the park. The apparent low bidder, Energy Management Pros, requested to withdraw its bid due to clerical errors in the bid (Attachment 1). The second lowest bidder is Delta Electric LLC at $354,760. The total cost to construct, inspect, provide construction support, and provide contingency for the project is estimated to be $433,713. Upon review, Delta Electric LLC’s references evidenced the positive work performance of the firm for similar projects at other agencies (Attachment 2). Staff recommends the City Council approve the plans and specifications for the project (Attachment 3) and the proposed Construction Contract with Delta Electric LLC (Attachment 4).
This project is funded by the Park Development Fund. An amendment to increase the current project budget by $183,713 is also included in this report for Council’s approval (Attachment 5).
BACKGROUND:
Portola Park project is the City’s new 6.3-acre public park located at the corner of Glenn Ranch Road and Saddleback Ranch Road. The Park consists of two tiers.
The lower tier has three separate dog park areas. The upper tier consists of three pickleball courts, a sand volleyball court, tot lot, exercise circuit, restrooms, large grassy area, walking paths, parking lot, and general security lighting. The park lighting was designed and bid originally as an alternative to the base bid, per City Council’s direction. At the City Council meeting of August 20, 2019, the City Council awarded a construction contract for the base bid only; lighting for the soccer field, dog park, and volleyball court were not included. The construction was completed and accepted by the City on March 16, 2021.
On May 11, 2021, Councilmember Doug Cirbo received consensus to agendize a discussion regarding the installation of lights at Portola Park. On June 1, 2021, the City Council discussed the concept of adding lights at Portola Park and directed staff to initiate public engagement activities to assess community support. At the November 2, 2021 City Council meeting, staff presented the results of community outreach. At the meeting of December 21, 2021, the City Council directed staff to add lighting to the pickleball, dog park, and volleyball areas only, and not the soccer fields or tot lot. The proposed lighting consists of 14-foot lights at the dog park and 20-foot lights at the pickleball and volleyballs courts. These lights would be similar in height to the existing pedestrian lights (14 feet), but shorter than the lights that are currently in the parking lot (25 feet). The tall “Musco style” field lights and tot lot lights closer to the residential area were not approved with this project.
On April 19, 2022, the Council approved Resolution No. 2022-10 which added $250,000 to the budget for Portola Park Lighting.
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DISCUSSION:
In the memo dated August 11, 2022, the City Manager authorized staff to solicit bids for construction of the lighting project. On September 15, 2022, the City received bids from eight (8) firms, ranging from $234,950 to $477,000. The apparent low bidder, Energy Management Pros, requested to withdraw its bid due to clerical errors (Attachment 1). The second lowest bidder was Delta Electric LLC. However, upon the withdrawal of the Energy Management Pros bid, Delta Electric LLC became the lowest responsive responsible bidder. The total project cost to construct, inspect, provide construction support, and provide contingency for the project is estimated to cost $433,713.
Staff reviewed Delta Electric LLC’s bid package for completeness. In addition, the electronic bidding system the city utilizes eliminates mathematical errors in the bids, therefore the submitted bid results are as follows:
Table 1: Bid Results
Contracting Firm Planet Bids Verified Base Bid
Amount
Energy Management Pros $234,950.00 (Withdrew Bid)
Delta Electric LLC $354,760.00
M. Brey Electric, Inc $358,500.00
Mel Smith Electric, Inc. $394,800.00
Optima Energy Inc. $451,280.50
Towo Enterprise Inc $457,300.00
PMK Professional Inc. $466,000.00
Elegant Construction Inc. $477,000.00
After analysis of the bids received, staff determined that Delta Electric LLC was the lowest responsive and responsible bidder for this project. Recently, Delta Electric LLC completed projects in the City of Fontana, for Golden State Water Company, and for Newman Midland Corp. Staff conducted a reference check that indicated Delta Electric LLC is a responsible contractor (Attachment 2).
The Finance Department prepared the Construction Contract with Delta Electric LLC (“Construction Contract”), which Delta Electric LLC subsequently executed (Attachment 4). The City Attorney reviewed and approved the Construction Contract as to form. The contract bid amount, as determined by the estimated quantities, is $354,760. Per Lake Forest Municipal Code Section 3.13.085, the City Manager may approve additional work not-to-exceed 10% of the final contract amount (i.e., $35,476). Due to size, the contract plans, and specifications are not attached to the agenda; however, they are available on the Item: 10
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City’s website. Staff has attached the approved signed title sheet for the project (Attachment 3).
The original funds for Portola Park came from the Park Development Fund. The same funding source would be utilized for the Portola Park Lighting project. This fund was amended and increased by $250,000 to fund Portola Park Lighting as a mid-year project in FY 2021-2022 via Resolution No. 2022-10, which was approved by the City Council on April 19, 2021. The total project cost to construct, inspect, provide construction support, and provide contingency for the project is estimated to cost $433,713. Therefore, a budget amendment in the amount of $183,713 is necessary to fully fund the project (Attachment 5).
FISCAL IMPACT:
Approving the recommended action would award the Construction Contract to Delta Electric LLC totaling $354,760. If the attached Resolution No. 2022-XX is approved, there would be sufficient funds available in the 2021-2028 Capital Improvement Projects budget to cover the costs of the recommended action.
ATTACHMENTS:
1. Energy Management Pros Withdrawal Letter
2. Contractor's Reference Check
3. Signed Title Sheet
4. Contract With Delta Electric LLC
5. Resolution No 2022-XX
Initiated By: Nazila Mokarram, Principal Civil Engineer 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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September 29, 2022
To: Mokarram, Nazila
/g81/g81/g83 /g79 /g69 /g86/g86/g69/g81 /g36 /g80/g69/g79/g73/g74/g83/g86/g73/g87/g88/g71/g69/g18/g75/g83/g90
Project: Portola Center Park Lighting (PW 2017-16A)
Ref: Notice to withdraw the original bid
Dear Miss Mokarram:
Per our conversation on September 26th, 2022, Energy Management Pros, Inc. would like to withdraw the original bid we submitted on September 15th, 2022 due to a clerical error. The mistake was made in filling out the bid by failing to carry over numbers from one bid sheet to the next, which made the bid materially different than we intended it to be.
If you have any questions, please do not hesitate to contact me.
Energy Management Pros, Inc
Nonna McGrew
CEO
[email protected]
714-702-4114
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Attachment 2
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Apparent Low Bidder: Contact #1: Contact #2: Contact #3:
Delta Electric LLC. City of Fontana Golden State Water Co Newman Midland Corp Name Adrian Daniel, PM John Markvis Adam Nasry
Phone No. or Email 909-350-6683 562-907-9200 ext. 415 714-220-5940
QUESTION RESPONSE RESPONSE RESPONSE
1. Title and type of project 300 KW generator with ATS
Newport plant generator project:
installing generator, ATS and concrete
pads
Gauldin Elementary School Upgrades,
MTA center in 405 & 210, Nogales
Elementary school.
2. Contract Amount $226,932 $90 k $300 k, $400 k
3. Approximate duration 2.5 months 100 days 5 months
4. Actual or estimated project completion date 2022 2020 2022
5. Quality of the work Very good Very good Very good
6. Similarity of the Project
Similar Similar Similar
7. Contractor’s relationship with agency representatives Very good Very good Very good
8. Claims or stop notices No No No
9. Change order requests Yes No Yes
10. Agency’s desire to have contractor bid on future projects Yes Yes Yes
11. Additional Comments Very knowledgeable and
professional.
Very responsive. They do extra
underground radar survey.
Great contractor. Will keep working with
them.
Portola Center Park Lighting (PW 2017-16A)
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Attachment 3
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Attachment 4
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55136.00200\31919335.1
1 Section 00500
Contract
SECTION 00500
CONTRACT
THIS CONTRACT is made this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], in the County of Orange, State of California, by and between the City of Lake Forest hereinafter called City, and Delta Electric, LLC ., hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WO RK. The C ontractor shall perform all W ork within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the W ork required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:
Portola Center Park Lighting Project (PW 2017-16A)
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within twenty (20) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of THREE HUNDRED FIFTY- FOUR THOUSAND SEVEN HUNDRED SIXTY DOLLARS ($354,760). Payment shall be made as set forth in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES . In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of two thousand five hundred dollars ($2,500) for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, th e Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Noncollusion Declaration form
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Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be com plementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City Hall or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
[Signatures on following page]
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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
DELTA ELECTRIC, LLC
By [VENDOR SIGNATURE 1]
Name: Rolando Estevez
Title: President
License No. [CONTRACTOR LICENSE NUMBER]
CITY OF LAKE FOREST
By [AUTHORIZED CITY SIGNATURE]
______________________________
Robert Pequeño
Mayor
By [VENDOR SIGNATURE 2]
Name: Alex Estevez
Title: Treasurer
(If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED)]
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
Attest:
[CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
Approved as to Form:
[CITY ATTORNEY SIGNATURE]
__________________________________
Best Best & Krieger, LLP
City Attorney
END OF CONTRACT
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5 Attachment 5
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5 RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, AMENDING
THE 2021-2028 CAPITAL IMPROVEMENT PLAN,
AMENDING APPROPRIATIONS FOR FISCAL YEAR
2022-23
WHEREAS, the 2021-2028 Capital Improvement Plan was adopted by the City Council on June 15, 2021; and
WHEREAS, the appropriations for Fiscal Year 2022-23 was adopted by the City Council on June 21, 2022;
WHEREAS, modifications are now required as a result of changes during Fiscal Year 2022-23.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
Section 1. The City Council’s adoption of this Resolution is not a project within the meaning of the California Environmental Quality Act. Specifically, the City’s adoption of the Resolution is an administrative and fiscal function of the City that does not commit the City to any specific project or course of action. (State CEQA Guidelines, sections 15378(b)(4) & (b)(5).) Thus, no environmental review of the Resolution is required. The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption within five working days of the adoption of this Resolution.
Section 2. Park Development Fund is amended to increase its Capital Improvement Plan Appropriations for Fiscal Year 2022-23 as demonstrated in Exhibit A.
Section 3. The Director of Finance is hereby authorized to move appropriations between line items within departmental budgets in concurrent with Department Directors.
Section 4. The City Manager is hereby authorized to transfer appropriations from one department to another or between funds within the Operating Budget with notification to the City Council Audit Committee.
Section 5. The City Manager is hereby authorized to transfer appropriations from a capital improvement project to another existing project within the adopted Capital Improvement Program with notification to the City Council Audit Item: 10
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5 Committee.
Section 6. The City Clerk shall attest as to the adoption and execution of this Resolution and cause the same to be maintained in the permanent records of the City.
PASSED, APPROVED AND ADOPTED this 1st day of November 2022, by the following vote, to wit:
ATTEST:
ROBERT PEQUEÑO
MAYOR
LISA BERGLUND
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 foregoing Resolution No. 2022- was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 18th day of October, 2022, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
LISA BERGLUND
CITY CLERK
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5 EXHIBIT A
AMENDMENT TO 2021-2028 CAPITAL
IMPROVEMENT PLAN, AMENDENT TO
FISCAL YEAR 2022-23
APPROPRIATIONS
Capital Improvement Plan Appropriations
Funding
Source Project
Current
Budget
Increase
(Decrease)
Amended
Budget
Park
Development
Portola Center
Park 250,000 183,713 $433,713
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/1/2022
DEPARTMENT: Management Services
SUBJECT:
AWARD AGREEMENT FOR BIENNIAL RESIDENT AND BUSINESS
SATISFACTION SURVEY SERVICES
RECOMMENDED ACTION(S):
1. Award the Professional Services Agreement with True North Research Inc. in the amount of $142,650 for survey services for the 2023, 2025, and 2027 Resident and Business Satisfaction Surveys.
2. Authorize the Mayor to sign, and the City Clerk to attest, the award of Agreement, substantially in the form attached.
EXECUTIVE SUMMARY:
Every other year, the City performs a Resident and Business Satisfaction Survey (“Survey”) to measure objectively satisfaction with municipal services. Since 1998, surveying biennially has helped the City determine budgets and dedicate resources which impact the quality of life and the local economy. The most recent Surveys were performed by True North Research, Inc. ("True North") under an agreement that expired on August 21, 2021. The next biennial Survey is scheduled to be completed in early 2023.
In anticipation of the next scheduled biennial Survey, staff initiated a Request for Proposal (“RFP”) procurement process on August 11, 2022. The City received two proposals in response to the RFP and staff recommends the City Council award the Proposed Professional Consultant Services Agreement to True North (Attachment 1). The proposed Professional Consultant Services Agreement with True North (“Agreement”) includes $142,650 in compensation and a five-year term. If approved, True North would perform three Resident and Business Satisfaction Surveys over the term of the Agreement. The 2021-23 Operating Budget includes sufficient funding to cover the costs of the recommended action.
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BACKGROUND:
Lake Forest has used the services of an independent research firm to conduct statistically significant surveys of Lake Forest residents and businesses since 1998. The results of the Survey, along with financial and demographic projections, have been used by the City Council to make strategic decisions concerning future programs, services, and capital projects in the community.
Historically, rough 500-600 residents and 200 businesses participate in the Survey.
Survey objectives include:
•Identifying key issues for residents and businesses.
•Measuring overall satisfaction with the City's efforts to provide municipal services.
•Gauging the importance of specific services to residents and satisfaction with the City's efforts to provide each service.
•Providing insight to residents' and the business community's perceptions of the City.
•Identifying future opportunities and priorities based on evolving demographics.
Survey results are used as a foundation for the City's Strategic Business Plan, Capital Improvement Project Budget, and two-year Operating Budget. The surveys provide a counterbalance to the City's informal feedback tools, such as “Ask Lake Forest" and social media, by providing a more statistically reliable understanding of the community's satisfaction, priorities, and concerns.
Continuing the biennial Survey also provides the City with detailed insights into how the needs and concerns of the City’s residents have evolved over time.
DISCUSSION:
The City Manager reviewed and approved the RFP for Resident and Business Survey Services to be released on August 11, 2022. Two proposals were received in response to the RFP from the firms listed in Table 1.
Table 1: Proposals Received
Firm
Fairbank, Maslin, Maullin, & Metz
True North Research
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Consistent with the City’s Purchasing and Contracting Guidelines (“Purchasing Guidelines”), staff assembled a selection committee approved by the City Manager to review proposals and participate in the interview phase of the selection process. Four evaluators were a part of the technical proposal review process, whose scores were averaged to determine if each firm was eligible for an interview. The same four evaluators were part of the interview evaluation process and final recommendation. The Selection Committee was comprised of the following staff:
Technical Proposal Review and Interview Evaluators:
•Deputy City Manager
•Assistant Director of Community Development
•Communications and Marketing Manager
•Communications and Marketing Specialist
The review process was comprised of three phases: the Technical Review of written proposals, the Qualifications Interview, and the Revised Cost Proposal evaluation. A firm must receive an average of 60 points (60%) or higher in the Technical Review Phase to move on to the Qualifications Interview phase. Both firms scored at least a 60-point average score from the Technical Proposal Review. Pursuant to the City’s Purchasing Guidelines, the City invited the firms that scored a minimum of 60 points for an interview to discuss their respective approaches to the requested service. Interviews were conducted on September 22, 2022. The results of the technical review and interview phases are summarized in Tables 2 and 3 below.
Table 2: Technical Review Scores
Table 3: Comprehensive RFP Interview and Cost Proposal Scoring Following the Qualifications Interviews and subsequent scoring by the Selection Committee, the City’s Purchasing Coordinator reviewed the cost proposals, which are summarized in Table 4. The impact on the total scoring is reflected in Table 3.
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Table 4: Cost Proposals
Including the cost proposal component, True North received the highest ranking in the proposal review process, with a total of 753 points. Fairbank, Maslin, Maullin, & Metz followed in the ranking with a total of 653 points.
True North has provided the City’s survey services since the company began in 2002. The City has been very satisfied with the product provided by True North, and of the working relationship with the firm. Led by Dr. Tim McLarney, True North will complete all tasks associated with designing and conducting the 2023 survey. The proposed research methods and survey practices identified, as determined by Dr. McLarney, are consistent with industry standards. This includes the development of sampling methodologies that will produce data representative of the attitudes and views of residents and Lake Forest businesses.
If the Agreement with True North is approved, the 2023 Survey will be conducted using a minimum sample size of 400 individuals drawn from the population of registered voters in the City. For the business component of the Survey, a minimum of 200 business owners or managers will be selected from the City’s business database. True North indicated these minimum sample sizes are statistically significant and will generate levels of data comparable to previous years. However, the actual number of responses will very likely exceed the minimum required. The voter sample will be stratified and clustered by key demographic traits and location, while the business sample will be stratified and clustered by industry and location. Historically, a 20-minute resident and a 15- minute business survey was conducted by the consultant to gather the information needed for the Survey. The pricing provided for this procurement is based on providing surveys at these lengths for residents and businesses.
The 2023 survey will employ a “mixed-method” approach designed to achieve higher participation levels, as it has in recent years. Telephone recruiting was once a reliable method to obtain information, however, it has become ineffective due to factors such as caller ID, call screening, abandoned land lines, and a lack Item: 11
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of valid phone numbers on voter files. This creates a situation in which a significant percentage of households are practically unreachable by phone alone.
As such, True North proposes to use telephone, text, and email outreach. This method has been proven to produce higher participation rates, minimize response bias, and ultimately deliver reliable results.
True North provides all the services necessary to manage the survey life cycle – from survey development to data collection, data processing, and report preparation. Upon completion of data collection and processing, True North will compile its findings in a detailed report and present the results of the survey to the City Council. Following the completion of the project, True North will continue to be available to answer any survey-related questions.
Staff recommends the City Council award the proposed Agreement to True North with a compensation amount of $142,650 (Attachment 1). Staff contacted references provided by True North and received positive responses (Attachment 2). The Agreement was prepared by the Finance Department and has been reviewed by the City Attorney and approved as to form. The term of the Agreement is for five years, which would cover three Survey cycles. The proposed Agreement does not include any term extensions. The scope of services and experience, in addition to their favorable references, represent that the True North is the best fit for the needs of the City.
FISCAL IMPACT:
The proposed Agreement with True North includes a compensation amount of $142,650 over a five-year term. The 2021-2023 Operating Budget includes sufficient funding to cover the costs of the 2023 Survey.
ATTACHMENTS:
1. Proposed Professional Consultant Services Agreement with True North
2. Contractor Reference Check
Initiated By: Jonathan Volzke, Communications and Marketing Manager Submitted By: Brett Channing, Deputy City Manager
Approved By: Debra Rose, City Manager
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Attachment 1
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(BB&K 2019)
55136.00200\31918793.1 -1-
CITY OF LAKE FOREST
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California, 92630 ("City") and True North Research, Inc, a California S Corporation, with its principal place of business at 1592 N. Coast Highway, 101, Encinitas CA 92024 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional Resident and Business Survey consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represe nts that it is experienced in providing professional Resident and Business Survey consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render su ch professional Resident and Business Survey consulting services for the Resident and Business Survey Services project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Resident and Business Survey consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from November 2, 2022 to November 1, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall als o not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consult ant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant repres ents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely ma nner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fa il or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shal l be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Dr. Timothy McLarney, President.
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3.2.5 City's Representative. The City hereby designates Brett Channing, Deputy City Manager , or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for rev iew and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execut e all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Dr. Timothy McLarney, President, or his designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, pe rmits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notice s required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsib le for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, DocuSign Envelope ID: CA31F0F2-B412-410B-9A74-13533539F642 Item: 11
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employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under w hich the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in Section 3.2.12.2 of this Agreement, Consultant must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Lake Forest Local Implementation Plan (“LIP”) and the applicable Water Quality Management Plan (“WQMP”). The DAMP contains requirements related to design and construction of public projects. Consultant must be familiar the DAMP, and the LIP and comply with the requirements as specified therein.
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A copy of the DAMP is available on the internet at:
https://media.ocgov.com/gov/pw/watersheds/documents/damp/default.asp A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/depts/pw/water/local_implementation_plan_%28lip%29.asp More information on the applicable WQMP is available on the internet at:
http://www.lakeforestca.gov/depts/pw/water/water_quality_management_plan_(wqmp).asp
3.2.12.4 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreeme nt. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.12.2 and 3.2.12.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negl igence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consu ltant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE HUNDRED FORTY -TWO THOUSAND SIX HUNDRED FIFTY DOLLARS ($142,650) without written approval of the City Council or City Manager as applicable. Extra Work DocuSign Envelope ID: CA31F0F2-B412-410B-9A74-13533539F642 Item: 11
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may be authorized, as described below, and if authorized, will be compe nsated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of S ervices provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor b e compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to exe cute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 177 6, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsul tants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration DocuSign Envelope ID: CA31F0F2-B412-410B-9A74-13533539F642 Item: 11
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of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registratio n and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date the reof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation . Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this A greement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: True North Research Inc
1592 N. Coast Highway, 101
Encinitas CA 92024
ATTN: Dr. Timothy McLarney, President
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
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Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.2 Ownership of Materials and Confidentiality.
3.6.2.1 Documents & Da ta; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or cause d to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be di sclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed c onfidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information i s required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
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3.6.3 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.6.5 Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional ” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adju dication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or DocuSign Envelope ID: CA31F0F2-B412-410B-9A74-13533539F642 Item: 11
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transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide em ployee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
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3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.21 Counterparts. This Agreement may be signed in cou nterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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CITY OF LAKE FOREST TRUE NORTH RESEARCH, INC.
By:
[AUTHORIZED CITY SIGNATURE]
By:
[VENDOR SIGNATURE 1]
Robert Pequeño
Mayor
Timothy McLarney
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:
By:
[VENDOR SIGNATURE 2]
Frauntene McLarney
Chief Financial Officer
By:
[CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
APPROVED AS TO FORM:
By:
[CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
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Exhibit “A”-1
EXHIBIT "A"
SCOPE OF SERVICES
Since 1998, Lake Forest has utilized the services of an independent research firm to conduct a statistically significant survey of Lake Forest residents and businesses. As part of the biennial update to the City’s 5-Year Strategic Business Plan, resident and business surveys are conducted every two years to gather input on service levels, priorities of various issues, demographics, behavioral items and potential projects. The survey results are a significant resource and are used by the City Council to make strategic decisions regarding service improvements, service enhancements, and plans for new projects and facilities.
The City anticipates awarding the Resident and Business Survey contract on November 1, 2022. Survey data is expected to be collected in January 2023 with the final report delivered within two months.
Consultant will be required to perform but is not limited by the following general tasks:
1. One in-person meeting and conference calls as needed with the City to discuss research objectives for the study, questionnaire design, and related topics.
2. Utilize information gathered from meetings and discussions to identify the number of survey questions, develop a list of additional/special questions, and review the previous instrument to draft a survey instrument that will accomplish the goals of the study. The survey should include the baseline questions used in the City’s Resident and Business Satisfaction surveys. Previous surveys can be seen at
https://www.lakeforestca.gov/417/Special-Studies. No other information from past surveys will be available.
3. Develop a representative sample of residents within the City of Lake Forest. The City does not require business licenses, but will provide a list of businesses that have voluntarily registered with the City. The sample can be a mixed methodology using telephone and email for recruiting, and online and telephone for conducting the surveys.
The margin of error should be in the +/- 5 percent raise.
4. Refine and finalize the survey instrument following the City’s review and feedback. The questions for the Resident Survey and Business Survey are similar, but specific to each survey.
5. Conduct approximately 400 survey interviews with residents and approximately 200 with businesses. These numbers can be adjusted as deemed appropriate.
6. Produce a thorough final report that will include details on the methodology for the study, an executive summary, as well as a question-by-question analysis of the survey findings with reference to the results of the previous studies (2004-2021, with particular emphasis on trends developed during the three previous surveys and any new/identifiable trends).
The consultant is responsible for the design and publication of the final report.
7. One in-person PowerPoint presentation of the findings to City staff and representatives.
8. One in-person presentation of findings to City Council at a regularly scheduled City Council meeting or special meeting.
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Exhibit “B”-1
EXHIBIT "B"
SCHEDULE OF SERVICES
Consultant shall provide the services described in Exhibit “A” Scope of Services as directed by the City.
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Exhibit “C”-1
EXHIBIT "C"
COMPENSATION
Consultant shall be paid for services rendered in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Ser vices and the not -to-exceed amount of One Hundred Forty-Two Thousand Six Hundred Fifty Dollars ($142, 650), based on the following fixed fee schedule.
Fixed Fee Costs for Survey of at least 400 Residents
(15- and 20-minute survey options)
Task Survey Length
15- Minute Survey 20- Minute Survey
Voter Sample $1,750 $1,750
CATI & Web Program/ Host $1,500 $1,700
Data Collection $10,200 $13,400
Data Processing $2,500 $2,500
Research Fee $7,500 $7,500
Project Management & Meetings $1,000 $1,000
Miscellaneous Expenses $500 $500
TOTAL $24,950 $28,350
Fixed Fee Costs for Survey of 200 Businesses
(up to 15 Minutes)
Task Survey Length
15- Minute Survey
Sample Preparation $500
CATI & Web Program/ Host $1,500
Data Collection $8,200
Data Processing $2,500
Research Fee $6,000
Project Management & Meetings $ -
Miscellaneous Expenses $500
TOTAL $19,200
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Exhibit “D”-1
EXHIBIT “D”
INSURANCE REQUIREMENTS
3.2.11 Insurance.
3.2.11.1 Time for Compliance . Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultan t shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.11.2 Types of Insurance Required . As a condition prece dent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in fu ll force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E)
3.2.11.3 Insurance Endorsements . Requi red insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
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Exhibit “D”-2
(A) Commercial General Liability:
(1) Additional Insured: The City, it s officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability i nsurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(C) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.11.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance polic ies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insuranc e shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
3.2.11.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall n ot be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Waiver of Subrogation: A waiver of subrogation stating that the i nsurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.2.11.6 Primary and Non -Contributing Insurance . All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.11.7 Waiver of Subrogation . All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation DocuSign Envelope ID: CA31F0F2-B412-410B-9A74-13533539F642 Item: 11
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Exhibit “D”-3
against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.8 Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall prot ect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self -insured retention.
3.2.11.9 Evidence of Insurance . Th e Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insuran ce policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.11.10 Failure to Maintain Coverage . In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
3.2.11.11 Acceptability of Insurers . Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.11.12 Enforcement of Agreement Provisions (non estoppel) .
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.2.11.13 Requirements Not Limiting . Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
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Exhibit “D”-4
3.2.11.14 Insurance for Subconsultants . Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relatin g to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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Attachment 2
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Contact 1 Contact 2 Contact 3
City of San Mateo City of Thousand Oaks City of Glendora # Questions Response Response Response
1 Did you have a positive
experience working with
True North Research?
Absolutely. True North
Research and Dr. McLarney
were fantastic to work with, I
highly recommend them. We
have used them for our last two
community (resident)
satisfaction surveys, as well as
two ballot measure surveys
(voters).
We have used True North
for several years for our
Community Attitude Survey
as well as Employee
Satisfaction Survey and
have only positive
experiences to report.
Yes, very much. We’ve
used them for 11 years and
they have been amazing.
2 Did True North meet
deadlines?
Yes, in fact Dr. McLarney was
able to meet extremely tight
deadlines we faced based on
policy needs and pending
elections. He was also very
communicative and responsive
to all inquiries.
Yes. Yes, in most cases
exceeded them.
3 Did you find the company’s
work to be of high quality
and professional? Did the
survey results carry a
sense of accuracy and
were they useful?
Very. Part of the reason we
selected True North was due to
the firm’s specific experience
working with public agencies.
True North goes above and
beyond to provide a robust
analysis in a report. I also
appreciated their work in
helping to develop questions
related to complex policy issues
that would achieve meaningful
responses.
Yes. They do surveys
mainly for government
agencies and are very
familiar with some of the
trending topics or areas of
concerns and can help you
to really craft questions that
will provide useful data.
Yes. We have found their
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notch.
4 Would you be hesitant to
work with True North
Research again?
Not at all. We plan to use them
for our next survey.
We would not be hesitant to
use them again.
No. We are using them for
two additional projects right
now.
Item: 11
164
CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/1/2022
DEPARTMENT: Public Works
SUBJECT:
RESOLUTION TO ESTABLISH TEMPORARY ON-STREET PARKING ON
PORTOLA PARKWAY BETWEEN PALOMA AND END OF ROADWAY
RECOMMENDED ACTION(S):
Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, ESTABLISHING TEMPORARY ON-
STREET PARKING ON PORTOLA PARKWAY BETWEEN PALOMA AND END
OF ROADWAY
EXECUTIVE SUMMARY:
In July 2021, staff received a request to consider allowing on-street parking along Portola Parkway between Paloma and the end of the roadway (Attachment 1).
Staff evaluated the request and determined that temporarily allowing on-street parking on Portola Parkway would address the current public need.
The recommendation for initial implementation would be to replace the existing regulatory signs with parking signs to allow weekday parking (Monday through Friday) between the hours of 2:00 PM to 10:00 AM and allow 24-hour parking on the weekends and holidays, modify the existing striping to use shared-use bicycle pavement markings in the travel lane (known as “sharrows”), and install new regulatory signs to prohibit oversized vehicle parking in this area (conceptually shown as Attachment 2). Staff would periodically monitor the initial implementation and, if appropriate, implement additional measures to assist with any unforeseen concerns.
Staff presented this agenda item to the Traffic and Parking Commission on September 12, 2022. Upon receiving the presentation, the Traffic and Parking Commission voted 5-0 to recommend the City Council consider implementing temporary parking on Portola Parkway (Attachment 3).
Therefore, staff recommends the City Council adopt the proposed Resolution (Attachment 4) to allow temporary parking on Portola Parkway between Paloma Item: 12
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and the end of the roadway. If approved, staff would periodically update the City Council of the implementation. The 2021-2023 Operating Budget includes sufficient funding to cover the costs of the recommended action.
BACKGROUND:
Per the City’s 2040 Adopted General Plan, Portola Parkway is defined as a Primary Arterial Highway, which consists of four through lanes, on-street bike lanes, a raised landscaped median, landscaped parkways, sidewalks, and currently has a posted speed limit of 45 miles-per-hour. Portola Parkway ends approximately 1,000 feet from the intersection of Paloma. This condition has been present since the City of Lake Forest incorporated in 1991.
Per the Orange County Master Plan of Arterial Highways (“MPAH”), it is anticipated in the future buildout of the cities of Irvine, Lake Forest, and the County of Orange that Portola Parkway will be extended to the SR-241 Toll Road (this project is known as the “Portola Parkway Gap Closure”). However, there is no indication from any of the aforementioned agencies that this project will be constructed anytime soon.
Portola Parkway between Paloma and the end of the roadway is surrounded by the Brittany at Foothill Ranch Community Association (condominium community serving 197 units), the Vineyards at Foothill Ranch Homeowner’s Association (condominium community serving 256 units), Foothill Antibes Homeowner’s Association (single-family community serving 115 homes), and the Foothill Ranch Master Homeowner’s Association (which represents the Paloma Summit Condominium Rentals that serve 200 units). To note, the Foothill Ranch Master Homeowner’s Association represents the northerly residential development along Portola Parkway in this area and does not oppose or support the idea.
On September 12, 2022, Traffic and Parking Commission voted 5-0 to recommend the City Council consider implementation of temporary parking on Portola Parkway between Paloma and the end of the roadway.
DISCUSSION:
In July 2021, a resident of Vineyards at Foothill Ranch Homeowner’s Association reached out to the City of Lake Forest requesting the possibility of allowing parking along Portola Parkway between the Paloma and the end of the roadway.
Staff evaluated the possibility of allowing parking on Portola Parkway. As part of the evaluation, staff reached out to the adjacent homeowner’s associations (“HOA”) to determine their opinion of the possibility of temporary on-street Item: 12
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parking along Portola Parkway. Brittany at Foothill Ranch Community Association (condominium community serving 197 units), the Vineyards at Foothill Ranch Homeowner’s Association (condominium community serving 256 units), and Foothill Antibes Homeowner’s Association (single-family community serving 115 homes) responded by providing a letter of support (Attachment 1).
Foothill Ranch Master Homeowner’s Association responded that its Board neither support nor limits the use of the public street for on-street parking. To note, this process did take time to obtain each HOA’s feedback regarding the parking request.
Once staff obtained consensus that the majority of the affected HOA’s were not opposed to the idea of allowing on-street parking along Portola Parkway, staff started to develop conceptual plans (Attachment 2) and discussed those plans with management staff and the Orange County Sheriff’s Department (”OCSD”) to identify potential concerns that may be a result of implementing on-street parking along Portola Parkway.
Parking Demand/Need
Staff evaluated if there is a genuine demand for parking that would necessitate the establishment of temporary on-street parking on Portola Parkway. Staff visited the area multiple times and observed that Antibes and Paloma are heavily impacted by parking throughout the day, but more prevalent during the evening times. In addition, staff reviewed parking citations issued in the area within the last few years by the Orange County Sheriff’s Department (“OCSD”). Many of the parking citations and calls for service were for vehicles parking in front of a fire hydrant and abandoned vehicles. Staff also observed this, and it was observed that this was a potential cause of the limited parking.
Staff also worked with the HOA’s to determine the usage of on-site (or private property) parking. The HOA’s have on-site parking, but due to the COVID-19 pandemic and the growing popularity of telecommuting, staff observed residents utilizing garages for office space. Although the HOA’s do have CC&Rs to prevent the usage of garages for other means, this was not enforced because of the state of their resident’s employment requirements for telecommuting or the option to telecommute. The additional vehicles that were once parked in garages are now using the available on-site parking spaces and the public streets, which increased the demand for on-street parking.
Portola Parkway Gap Closure
The Portola Parkway Gap Closure project is based upon the Orange County MPAH, which shows a future connection of Portola Parkway between Lake Item: 12
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Forest and Irvine at its respective interchange with the SR-241 Toll Road. To remain eligible for OCTA funding, the City’s transportation network is required to be consistent with the Orange County MPAH. However, the public agencies affected by this project have not indicated this project to be designed or constructed anytime soon. This provides an opportunity to temporarily repurpose this section of roadway for better use until the Portola Parkway Gap Closure project is more defined.
Portola Parkway – On-Street Parking Potential Concerns
Parking on Portola Parkway is restricted by regulatory signs, and the roadway has on-street bike lanes that do not currently allow for on-street parking accommodations. With this request, the City proposes to modify the existing bike lane striping to allow for on-street parallel parking, modify the travel lane to share the lane with on-street bicyclists, and update existing regulatory signs pertaining to parking. In addition, other regulations should be considered to prevent oversized vehicles parking in this area, to provide for access for the City’s street sweeping contractor and discourage storing of vehicles in this area.
Portola Parkway – On-Street Parking Recommendation
Staff believes that temporarily allowing on-street parking on Portola Parkway would address the current public need until the Portola Parkway Gap Closure is completed. The recommendation for initial implementation would be to replace the existing regulatory signs with parking signs to allow weekday parking (Monday through Friday) between the hours of 2:00 PM to 10:00 AM and allow 24-hour parking on the weekends and holidays, modify the existing striping to use shared-use bicycle pavement markings in the travel lane (known as “sharrows”), and install new regulatory signs to not allow oversized vehicles to park in this area. Staff would periodically monitor the initial implementation and, if appropriate, implement additional measures to assist with any unforeseen concerns.
Traffic and Parking Commission Recommendation
Staff presented this proposal to the Traffic and Parking Commission (“TPC”) on September 12, 2022. The TPC recommended staff periodically report back on the implementation and provide any feedback from staff’s observations.
Therefore, staff recommends City Council adopt the attached Resolution to allow temporary parking on Portola Parkway between Paloma and the end of the roadway and staff periodically update the City Council of the implementation.
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FISCAL IMPACT:
There is minimal fiscal impact associated with approving the recommended actions. The 2021-2023 Operating Budget includes sufficient funding to cover the costs of the recommended action.
ATTACHMENTS:
1. Homeowner’s Association – Correspondence and Support
2. Conceptual Plan – On-Street Parking on Portola Parkway
3. Traffic and Parking Commission – September 12, 2022, Meeting Minutes Excerpt
4. Resolution 2022-XX
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
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Attachment 1
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Attachment 2
Existing Condition
Implementation Plan: Parallel Parking w/Sharrows
Attachment 3
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LAKE FOREST TRAFFIC AND PARKING COMMISSION DRAFT MINUTE EXCERPT SEPTEMBER 12, 2022
Page No. 1 of 1
DRAFT MINUTE EXCERPT
LAKE FOREST TRAFFIC AND PARKING COMMISSION MEETING
September 12, 2022, ITEM 6
____________________________________________________________
1. PORTOLA PARKWAY FROM PALOMA TO END OF ROADWAY – ON-
STREET PARKING REQUEST
ACTION: Tran Tran, Traffic Engineering Manager, provided a brief overview of the staff report to temporarily allow on-street parking along Portola Parkway from Paloma to end of roadway.
Questions were asked by Commissioner Fouste, Commissioner Richert and Chair Yu, and answered by Tran Tran, Traffic Engineering Manager.
Commissioner Fouste suggested to add “No Parking” signs for oversized vehicles and to provide a follow-up review to the recommended action within six-months of implementation.
MOTION: It was moved by Commissioner Richert, seconded by Chair Yu to approve as recommended with the additional oversize vehicle parking restriction sign and the follow-up review within six-months of the implementation to the Traffic and Parking Commission. Motion passed unanimously 4-0 with Vice-Chair Anderson absent.
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Attachment 4
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55136.00500\40778872.1
ATTACHMENT
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA, ESTABLISHING TEMPORARY ON -
STREET PARKING ON PORTOLA PARKWAY BETWEEN
PALOMA AND END OF ROADWAY
WHEREAS, Section 12.16.010 of the Lake Forest Municipal Code provides that regulations pertaining to the stopping, standing, or parking of vehicles in the City of Lake Forest (the “City”) shall be established by ordinance or resolution of the City Council; and
WHEREAS, per the City’s 2040 Adopted General Plan, Portola Parkway is defined as a Primary Arterial Highway which consists of four through lanes, on - street bike lanes, a raised landscaped median, landscaped parkways, sidewalks, and currently has a posted speed limit of 45 miles-per-hour. Portola Parkway ends approximately 1,000 feet from the intersection of Paloma; and WHEREAS, Portola Parkway between Paloma and the end of the roadway is surrounded by the Brittany at Foothill Ranch Community Associa tion (condominium community serving 197 units), the Vineyards at Foothill Ranch Homeowner’s Association (condominium community serving 256 units), Foothill Antibes Maintenance Corporation (single-family community serving 115 homes), and the Foothill Ranch Master Homeowner’s Association (which represents the Paloma Summit Condominium Rentals that serve 200 units); and WHEREAS, in July 2021, the City received a request to consider allowing on-street parking along that approximate 1,000 -foot portion of Portola Parkway between its intersection with Paloma and the end of the roadway, more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference (the “Temporary Portola Parking Area”); and
WHEREAS, the Temporary Portola Parking Ar ea is presently marked with on-street bike lanes and has existing regulatory parking restriction signs that does not allow for this area to be used for public parking; and WHEREAS, City staff evaluated the request and determined that temporarily allowing o n-street parking in the Temporary Portola Parking Area would help alleviate current public parking needs; and
WHEREAS, City staff has recommended replacing existing regulatory signs in the Temporary Portola Parking Area with parking signs allowing weekday parking, Monday through Friday, between the hours of 2 P.M. to 10 A.M., and allowing 24-hour parking on the weekends (Saturday and Sunday) and holidays; and
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55136.00500\40778872.1
Resolution No. 2022-____
WHEREAS, City staff has recommended modifying existing striping in the Temporary Portola Parking Area to employ shared-use bicycle pavement markings in the travel lane (known as “sharrows”); and
WHEREAS, City staff has recommended installing new regulatory signs prohibiting oversized vehicles from parking in the in the Temporary Portola Parking Area; and
WHEREAS, the Boards of Directors of the Brittany at Foothill Ranch Community Association, Vineyards at Foothill Ranch Homeowners Association, and Foothill Antibes Maintenance Corporation have each expressed their support for the establishment of the Temporary Portola Parking Area; and WHEREAS, on September 12, 2022, the City’s Traffic and Parking Commission voted 5 -0 to recommend to the City Council that the Temporary Portola Parking Area be considered for Council approval; and WHEREAS, the City desires to implement temporary on-street parking along that portion of Portola Parkway on a temporary basis, as described below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
Section 1. Incorporation of Recitals . The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Resolution.
Section 2. Action.
A. The Temporary Portola Parking Area is hereby established by the City Council of the City of Lake Forest, subject to all parking restrictions, limitations, and regulations set forth in the foregoing recitals and incorporated into Section 1 of this Resolution.
B. The Director of Public Works, or h is or her designee, shall cause all signs to be prepared, erected, and/or removed in and near the Temporary Portola Parking Area in order to give the public notice of the updated regulations applicable to the Temporary Portola Parking Area.
C. The City Counci l expressly reserves the right to terminate , by future resolution and without special notice or hearing, the public parking authorized in the Temporary Portola Parking Area.
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Resolution No. 2022-____
Section 3. CEQA. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.
Section 4. Severability. If any provision of this Resolution is held invalid by a court of competent jurisdiction , the remainder of this Resolution shall not be affected by such invalidity, and the provisions of this Resolution are severable.
Section 5. Effective Date . This Resolution shall become effective immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 1st day of November, 2022 by the following vote, to wit:
ROBERT PEQUEÑO
MAYOR
ATTEST:
LISA BERGLUND
CITY CLERK
APPROVED AS TO FORM:
MATTHEW E. RICHARDSON
CITY ATTORNEY
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55136.00500\40778872.1
Resolution No. 2022-____
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2022-___ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 1st day of November, 2022, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
LISA BERGLUND
CITY CLERK
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55136.00500\40778872.1
Resolution No. 2022-____
EXHIBIT A
MAP OF TEMPORARY PORTOLA PARKING AREA
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Implementation Plan: Parallel Parking w/Sharrows
CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/1/2022
DEPARTMENT: City Manager
SUBJECT:
AFFORDABLE SENIOR HOUSING COVENANT AND PROMISSORY NOTE
SECURED BY DEED OF TRUST WITH MEADOWS SENIORS LP.
RECOMMENDED ACTION(S):
Authorize the City Manager to sign the Affordable Senior Housing Covenant and Promissory Note Secured by Deed of Trust.
EXECUTIVE SUMMARY:
The Toll West Inc. (“Toll West”) Development Agreement (“DA”) includes an Affordable Housing Implementation Plan (“AHIP”) which facilitates the development’s compliance with the DA and the City’s General Plan and Housing Element. C & C Development (“C & C”), the developer’s affordable housing development partner, is proposing to construct 64 senior affordable rental units with 7 of the units restricted as permanent supportive housing and 1 market-rate manager unit.
Meadows Seniors LP is the ownership entity for the project. The Affordable Senior Housing Covenant (“Covenant”) obligates Meadows Senior LP to designate a specific number and type of dwelling units for occupancy by extremely low, very low, low, or moderate-income households, for a term of 55 years. The Covenant runs with the land and is binding on all current and future owners of the site.
In July 2022, C & C was awarded a 4% tax credit by the California Tax Credit Allocation Committee (“TCAC”) for the Meadows Senior LP. To successfully compete for an allocation of tax credits from the State, C & C voluntarily deepened the affordability within the project, moving 30 units from the 60% Area Median Income (“AMI”) category to the 50% AMI. To assist in offsetting the loss of permanent financing and maintain the project’s financial feasibility, C & C is requesting the City defer certain city facilities fees to Meadows Seniors’ LP in an amount not to exceed $764,300. A Project Promissory Note Secured by Deed of Trust would secure the proposed loan.
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At this time, staff is recommending the City Council authorize the City Manager to sign the Senior Housing Covenant and Project Promissory Note Secured by Deed of Trust.
BACKGROUND:
On January 21, 2020, the City Council voted to enter into a DA with Toll West.
The Toll West DA includes an AHIP which facilitates the development’s compliance with the DA and the City’s General Plan and Housing Element. To fulfill its affordable housing requirements, Toll West selected C & C as its affordable housing development partner.
On September 20, 2022, the City was required to hold a public hearing under the requirements of the Tax Equity and Fiscal Responsibility Act (“TEFRA”). The project is expected to be financed in an amount not to exceed $24,000,000 of tax-exempt revenue bonds. The City has no financial, legal, liability, or responsibility for the project or the repayment of the Bonds for the financing of the project.
Incorporating affordable housing in new neighborhoods is consistent with the City’s General Plan, which encourages a variety of housing products at varying prices. In addition, the DA is responsive to the State’s mandate that cities address their Regional Housing Needs Assessment (“RHNA”) obligations, which outlines the number of units that must be built by income categories over the Housing Element period of 2021-2029.
DISCUSSION:
The Toll West DA includes an AHIP which facilitates the development’s compliance with the DA and the City’s General Plan and Housing Element.
C & C, the developer’s affordable housing development partner, is proposing to construct 64 senior affordable rental units with 7 of the units restricted as permanent supportive housing and 1 market-rate manager unit. Meadows Seniors LP is the ownership entity for the project.
As with most affordable housing developments, the net operating income generated by the property is insufficient to collateralize a loan for the entire project. In this case, because the units are leased for less than the market rate, the projected rents do not generate sufficient revenue to qualify the project for a conventional loan. For this reason, an affordable housing development requires multiple sources of funding to ensure the project can secure temporary financing to complete the project.
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C & C is financing its project, in part, with tax-exempt bonds that will be issued through the California Statewide Communities Development Authority (“CSCDA”). In July 2022, C & C was awarded a 4% tax credit by TCAC for the Meadows Senior LP. To successfully compete for an allocation of tax credits from the State, C & C voluntarily deepened the affordability within the project, moving 30 units from the 60% Area Median Income (“AMI”) category to the 50% AMI. To assist in offsetting the loss of permanent financing and maintain the project’s financial feasibility, C & C is requesting the City defer certain city facilities fees to Meadows Seniors’ LP in an amount not to exceed $764,300. A Project Promissory Note Secured by Deed of Trust would secure the proposed loan.
The proposed Covenant requires that the project be operated as an affordable senior apartment complex with residential units made available to qualified senior households at an affordable rent. Rent is calculated by the AMI as determined and published annually for each county in California by the State Department of Housing and Community Development. Applicants who are 55 years of age or older are allowed to apply for residency.
Affordable Senior Housing Covenant
The Covenant obligates Meadows Senior LP to designate a specific number and type of dwelling units for occupancy by extremely low, very low, low, or moderate-income households, for a term of 55 years. The Senior Housing Covenant runs with the land and is binding on all current and future owners of the site. The proposed Covenant describes the operations of the project (Attachment 1).
The DA between the City and Toll West contemplated the construction of 64 senior affordable rental units with 7 of the units restricted as permanent supportive housing for seniors. The DA and AHIP required the unit mix listed below in Table 1:
Table 1: Affordability Unit Mix Required by DA/AHIP
Affordability 30% AMI 50% AMI 60% AMI Manager Total
One-Bedroom 7 5 40 52
Two-Bedroom 2 2 8 1 13
Total: 9 7 48 1 65
To successfully compete for an allocation of tax credits from the State, C & C voluntarily deepened the affordability within the project, moving 30 units from the 60% AMI category to the 50% AMI category. The proposed affordability unit mix is listed below in Table 2:
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Table 2: Proposed Affordability Unit Mix
Affordability 30% AMI 50% AMI 60% AMI Manager Total
One-Bedroom 7 35 10 52
Two-Bedroom 2 2 8 1 13
Total: 9 37 18 1 65
Deepening the affordability within the project assured a bond allocation and reservation of low-income tax credits from the State and provide for increased public benefit through the reduction in rents for 30 units over the life of the project. Transitioning these 30 units from 60% of AMI to 50% AMI results in a monthly rent reduction of approximately $250 per unit per month.
To assist in offsetting the loss of permanent financing and maintain the project’s financial feasibility, C & C is asking the City to assist through a Project Promissory Note Secured by Deed of Trust in the amount of $764,300.
Project Promissory Note Secured By Deed of Trust
Meadows Seniors' LP obligation to repay the City Loan is in the Project Promissory Note secured by Deed of Trust (Attachment 2). The Deed of Trust creates a lien on the property and would allow a new owner to collect any rents that the project generates if Meadows Seniors LP does not make its loan payments. The outstanding principal on the loan would accrue simple interest at the rate of 3% per annum. The Note may be prepaid in whole or in part at any time without penalty or premium.
Meadows Seniors LP shall remit the outstanding principal and accrued interest on an annual basis from its residual receipts. All payments made shall be credited first to any accrued but unpaid interest; then to current interest due and owing; and lastly, to the principal. Meadows Seniors LP shall remit loan payments to the City no later than April 1 of each year, with the first payment due April 1 following the issuance of the certificate of occupancy for the project and continuing each year thereafter. The payments shall be accompanied by a report of residual receipts, and any other audited financial statements or documentation reasonably requested by staff to substantiate the determination of residual receipts.
The entire outstanding balance of principal and any interest owing under the Note shall be due and payable in full 30 years from the Date of the Note.
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Deed of Trust, Security Agreement and Fixture Filing
Should the City Council authorize the City Manager to execute the Affordable Senior Housing Covenant and Project Promissory Note Secured by Deed of Trust, the Deed of Trust Security Agreement and Fixture Filing will be executed (Attachment 3).
FISCAL IMPACT:
Approving the recommended actions would result in the deferral of certain city facilities fees to Meadows Seniors’ LP in an amount not to exceed $764,300.
Meadows Seniors’ LP will have 30 years from the Date of the Note to repay the loan amount. The outstanding principal on the loan would accrue simple interest at the rate of 3% per annum.
ATTACHMENTS:
1. Affordable Senior Housing Covenant
2. Project Promissory Note Secured by Deed of Trust
3. Deed of Trust, Security Agreement and Fixture Filing Initiated By: Adrian Grijalva, Senior Management Analyst Submitted By: Keith D. Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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This document is exempt from
payment of a recording fee and
other fees under Government Code
Sections 27383 and 27388.1.
AFFORDABLE SENIOR CITIZEN HOUSING COVENANT
(MEADOWS SENIORS APARTMENTS)
This AFFORDABLE SENIOR CITIZEN HOUSING COVENANT ("Agreement"), dated for identification purposes only as of _________, 2022, is entered into by and between the CITY OF LAKE FOREST, a California municipal corporation ("City"), and MEADOWS SENIORS LP, a California limited partnership ("Developer"). City and Developer are sometimes individually referred to as a "Party" and collectively as "Parties."
RECITALS
A. The City and Toll West Inc. which will do business in California as Toll Brothers West, Inc., a Delaware Limited-Liability Company ("Toll") entered into that certain Development Agreement dated as of and recorded on April 14, 2020 in the official records of Orange County, California as Instrument Number 2020000168385 (the "Development Agreement"). By the terms of that certain Donation and Pre-Development Agreement, dated as of September 3, 2021 by and between Toll, C & C Development Co., LLC, a California limited liability company ("C&C"), and The Waterford Group, Inc., a California corporation ("Waterford"), as may be amended from time to time (the "Donation Agreement"), Toll has donated the real property described in the attached Exhibit A (the "Property") to the nonprofit general partner of the Developer, which in turn has conveyed the Property to the Developer.
C&C and Waterford have assigned their interests and obligation under the Donation Agreement to the Developer pursuant to an assignment and assumption agreement among C&C, Waterford and Developer dated as of __________, 2022.
B. The Property is entitled for the development an apartment complex for senior citizens (the "Affordable Senior Apartment Complex") consisting of one (1) manager's unit and sixty-four (64) Affordable Units (as defined herein).
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Lake Forest,
100 Civic Center Drive
Lake Forest, CA 92630
Attn: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER'S USE
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C. Developer intends to develop the Affordable Senior Apartment Complex on the Property.
D. The construction of the Affordable Senior Apartment Complex on the terms and conditions provided herein satisfies Toll's obligations under the Development Agreement's Affordable Housing Implementation Plan ("AHIP") attached hereto as Exhibit B.
E. The foregoing Recitals are true and correct and constitute a substantive part of this Agreement.
NOW, THEREFORE , in consideration of the foregoing Recitals, which are incorporated herein by this reference, and the mutual promises and covenants contained herein, the City and Developer agree as follows:
1. Definitions. Capitalized terms are defined as follows or as otherwise stated herein.
1.1. Affordability Period; Duration of Covenants. The term "Affordability Period" means the period of effectiveness of the affordability covenants under this Agreement that continues for 55 years from the date of recordation of this Agreement, which will occur upon and as a condition to the issuance by the City's Building Official of the final certificate of occupancy for the Affordable Senior Apartment Complex.
1.2. Affordable Rent.
(a) For purposes of this Agreement, "Affordable Rent" means the total of monthly payments for: (1) use and occupancy of each Affordable Unit and land and facilities associated therewith, (2) any separately charged fees or service charges assessed by Developer that are required of tenants, other than security deposits, and (3) a reasonable allowance for an adequate level of service of utilities not included in (1) or (2) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone service, cable TV service, or internet service. In the event that all utility charges are paid by Developer rather than the tenant, Developer may not deduct a utility allowance from the rent.
(b) Affordable Rent for Low-Income Senior Households may not exceed the product of 30% times 80% of the Area Median Income, adjusted for household size appropriate to the unit.
(c) Affordable Rent for Very Low-Income Senior Households may not exceed the product of 30% times 50% of the Area Median Income, adjusted for household size appropriate to the unit.
(d) The term "adjusted for household size appropriate to the unit" is defined herein as a presumed household size of two persons per bedroom.
1.3. Affordable Units. The term Affordable Units means the 52 one-bedroom apartment units and 12 two-bedroom units located at the Affordable Senior Apartment Complex that must be made available for, rented to, and occupied by Low-Income and Very Item: 13
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Low-Income Senior Households paying an Affordable Rent. The Affordable Units are "floating units" and are not specifically assigned to any qualifying income category.
1.4. Area Median Income. The term Area Median Income means the median income as determined and published annually for each county in California by the State Department of Housing and Community Development ("HCD") and as defined in Health and Safety Code Section 50053; and, for purposes of this Agreement, the Area Median Income is median income in Orange County, California.
1.5. Low-Income. The term Low-Income means households whose income is greater than 50% but does not exceed 80% of the Area Median Income, as adjusted for family size.
1.6. Senior Household. The term Senior Household means a household composed of one or more persons who are 55 years of age or older who intends to reside in the unit as his or her primary residence on a permanent basis and any other person(s) younger than 55 years of age provided such person(s) falls within one of the exceptions set forth in California Civil Code Section 51.3, as such code section may be amended, replaced, or renumbered from time to time.
1.7. Very Low-Income. The term Very Low-Income means households whose annual income does not exceed 50% of the Area Median Income, as adjusted for family size.
2. Availability and Operation of Affordable Units.
2.1. Income Verification. Prior to the rental or lease of an Affordable Unit, Developer will require the tenant to execute a written lease and to complete an income verification form substantially comparable to the Tenant Income Verification Form, attached hereto as Exhibit C and incorporated herein by this reference, or comparable report filed by the Developer with the California Tax Credit Allocation Committee or other governmental agencies, certifying that the tenant household is a Low-Income or Very Low-Income Senior Household that meets the eligibility requirements established herein.
2.2. Low-Income Units. At the time of the initial lease-up of Affordable Senior Apartment Complex, forty (40) of the one-bedroom and eight (8) of the two-bedroom Affordable Units must be: (a) made available for occupancy by, (b) rented to, and (c) occupied by Low Income Senior H ouseholds at an Affordable Rent. Very Low-Income Senior Households may be substituted for Low-Income Senior Households at an Affordable Rent.
2.3. Very Low-Income Units. At the time of the initial lease-up of the Affordable Senior Apartment Complex, twelve (12) of the one-bedroom and four (4) of the two-bedroom Affordable Units must be: (a) made available for occupancy by, (b) rented to, and (c) occupied by Very Low-Income Senior Households at an Affordable Rent. To the extent permitted by law, including applicable federal and state fair housing laws, seven (7) of the one- bedroom Very Low-Income Affordable Units must be permanent supportive housing units.
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2.4. Change in Household Income.
(a) A tenant who qualifies as a Low-Income or Very Low-Income Senior Household at the time that the tenant leases an Affordable Unit will continue to be considered a Low-Income or Very Low-Income Senior Household until such time as a recertification of such tenant household's income in accordance with this Agreement demonstrates that such individual or household no longer qualifies as a Low-Income or Very Low-Income Senior Household.
(b) Increase from Very Low-Income to Low-Income. In the event, upon recertification of a tenant household's income, the Developer determines that a former Very Low-Income Senior Household's adjusted income has increased and exceeds the qualifying income for a Very Low-Income Senior Household (but does not exceed the qualifying limit for a Low-Income Senior Household), then, such tenant's Affordable Unit shall be considered a Low- Income Affordable Unit and, upon expiration of the tenant's lease, such tenant's rent may be increased to the Affordable Rent for a Low-Income Senior Household, upon sixty (60) days written notice to the tenant, provided that the tenant's continued occupancy of the Affordable Unit is consistent with the restricted income tenant mix required under Section 2.5, and the Developer shall rent the next available Affordable Unit with the same number of bedrooms as the subject Affordable Unit to a Very Low-Income Senior Household if necessary to achieve the restricted tenant mix required under Section 2.5.
(c) No
n -Qualifying Household. If, upon recertification of a tenant's income, the Developer determines that a former Very Low-Income Senior Household or Low-Income Senior Household exceeds the threshold to qualify as a Low-Income Senior Household, then Developer shall not be obligated to terminate the tenant's lease based on such increased income, but upon expiration of the tenant's lease:
(i) Such Affordable Unit shall continue to be considered a Very-Low Income or Low-Income Affordable Unit (as applicable);
(ii) Such tenant's rent may be increased, upon sixty (60) days written notice to tenant, to a rent equal to the market rate rent for a similar unity of comparable quality to the Affordable Unit; and
(iii) The Developer shall rent the next available Affordable Unit with the same number of bedrooms as the subject Affordable Unit to a Very Low-Income Senior Household or Low-Income Senior Household not exceeding an Affordable Rent, to comply with the tenant mix required under Section 2.5.
(d) Termination of Occupancy. Upon termination of occupancy of an Affordable Unit by a tenant, such Affordable Unit shall be determined to be continuously occupied by a household of the same income level (i.e., Very Low-Income Senior Household or Low-Income Senior Household) as the initial income level of the vacating Tenant, until such Affordable Unit is reoccupied, at which time the income character of the Affordable Unit (i.e., Very Low-Income or Low-Income) shall be redetermined.
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(e) The rental rate adjustment provisions of this Section 2.4 are subject to Section 42 of the Internal Revenue Code, as amended, and the related implementing regulations.
2.5. Mix of Affordable Units. As provided in Section 2.4 herein, the Parties acknowledge the possibility that the household income of the Affordable Senior Apartment Complex's tenants may increase or decrease. Given the foregoing, Developer will use its best efforts to ensure that forty (40) of the one-bedroom and eight (8) of the two-bedroom Affordable Units are occupied by Low-Income or Very Low-Income Senior Households, that twelve (12) of the one-bedroom and four (4) of the two-bedroom Affordable Units are occupied by Very Low-Income Senior Households and that seven (7) of the one-bedroom Very Low-Income Affordable Units serve as permanent supportive housing units.
3. Manager's Unit. Developer will set aside one "Manager's Unit" to be occupied by a person employed as a 24 hour on-site resident manager for the Affordable Senior Apartment Complex. This Agreement's eligibility and affordability restrictions applicable to Affordable Units do not apply to the Manager's Unit.
4. Construction and Operation.
4.1. Design, Repair, Maintenance and Security. In accordance with Section (D)(7) of the AHIP, the Affordable Units must be designed and constructed so as to be substantially equivalent to the base-level market rate units of a similar product type within the Project (as defined by the Development Agreement) with respect to design, appearance, materials, and finished quality. In the event that Developer fails to comply with its obligations in this Section
4.1, City may provide Developer with notice to that effect. If Developer fails to correct the deficiencies provided in said notice, City may perform such repairs or maintenance as may be necessary and may recover the costs of such work from Developer.
4.2. Compliance with all Laws and Regulations. In addition to Developer's obligations provided in Section 4.1 above, Developer will at all times comply with all local, state, and federal laws, rules, orders, and regulations ("Regulations") applicable to the construction and operation of the Affordable Senior Apartment Complex.
5. Use of the Property. The Property must at all times during the term of this Agreement be operated by Developer as an Affordable Senior Apartment Complex as provided in this Agreement. None of the Affordable Units may be utilized on a transient basis. The Affordable Senior Apartment Complex shall not be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest home.
6. No D iscrimination.
6.1. Developer will not discriminate against or segregate, or permit any such practice or practices of discrimination or segregation, any person or group of persons on account of race, color, creed, religion, gender, sexual orientation, source of income, marital status, physical or mental disability, medical condition, place of birth, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, or enjoyment of Property.
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6.2. In addition to the foregoing, Developer will not discriminate against or segregate, or permit any such practice or practices of discrimination or segregation, any person or group of persons on account of account of race, color, creed, religion, gender, sexual orientation, source of income, marital status, physical or mental handicap, medical condition, place of birth, ancestry, age, or national origin with respect to the selection, retention, and management of any vendors or service providers for the Property.
7. Annual Report; Income Verification and Certification. In accordance with Section (D)(8) of the AHIP, within 60 days of the initial lease- up of the Affordable Senior Apartment Complex and thereafter on or before May 1 of each year during the Affordability Period, Developer will submit to City a summary of the income, household size, and rent payable by each of the tenants of the Affordable Units. The initial report and each annual summary will include information about each Low-Income and Very Low-Income Senior Household, indicate which units are permanent supportive units, and be in a form substantially comparable to the Tenant Income Verification Form attached hereto as Exhibit C. Developer will obtain, or cause to be obtained by its property manager, a certification from each household renting or leasing an Affordable Unit demonstrating that such tenant household meets the applicable income requirements and eligibility requirements established herein for a Low-Income or Very Low- Income Senior Household. In addition to the foregoing, City may, from time to time during the term of this Agreement, request additional or different information and Developer will promptly supply such information in the reports required hereunder.
8. Mo
nitoring and Recordkeeping. Throughout the Affordability Period and an additional five years thereafter, Developer will maintain records for the Affordable Units in a businesslike manner. Developer, at such time and in such forms as City may reasonably require, will furnish to City, as the case may be, statements, records, reports, data and information pertaining to matters covered by this Agreement. Upon request for examination by City, Developer at any time during normal business hours, will make available all of its records with respect to all matters covered by this Agreement. Developer will permit City to audit, examine and make excerpts to transcripts from these records.
9. I
nspection . City may inspect the Affordable Senior Apartment Complex on at least an annual basis to ensure compliance with this Agreement. City may require additional inspections as determined necessary by City based on monitoring results. City will provide Developer with fifteen (15) days written notice prior to any inspection.
10. T
ransfer and Selection of Property Manager.
10.1. No Transfer. Developer may not sell, transfer, convey, encumber, assign or lease the whole or any part of the Property without the prior written approval of City, which may not be unreasonably withheld.
(a) Developer will request approval by written notification at least 90 days prior to any proposed transfer.
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(b) The prohibition does not prevent the granting of easements or permits to facilitate the development of the Property or prohibit or restrict the leasing of Affordable Units to Senior Households on the terms and conditions provided herein. (c) City approval shall not be required for any of the following:
(i) An encumbrance for a loan for the Property if the loan is subordinated to this Agreement.
(ii) A sale upon a foreclosure or deed in lieu of foreclosure by a lender (or its designee) and the first transfer by such lender (or designee) following such foreclosure or deed in lieu of foreclosure so long as the transferee of such first transfer takes subject to this Agreement.
(iii) The transfer and sale of limited partnership interests in Developer while the Developer is in the form of a limited partnership. (iv) The transfer of the Affordable Senior Apartment Complex from Developer, while the Developer is in the form of a limited partnership, to a general partner of the Developer or its affiliate at the end of the low income housing tax credit compliance period for the Affordable Senior Apartment Complex.
(v) Any dilution of a general partner’s interest in the Developer while the Developer is in the form of a limited partnership, in accordance with the Developer’s limited partnership agreement.
(d) Upon a reasonable showing, City will not withhold its approval of a transfer of the Property to a person that is itself or that is controlled by a person (i) with experience owning or operating multi-family affordable rental housing developments; (ii) without any record of material violation of discrimination restrictions or other state, federal, or local governmental laws or regulations applicable to such developments; and (iii) with demonstrated ability to operate affordable residential rental developments similar to the Affordable Senior Apartment Complex in a manner that will provide decent, safe, and sanitary housing in a self-sufficient manner.
10.2. Selection of Property Manager. Developer will provide City with the name and qualifications of any proposed property manager and will not employ or retain a property manager not approved by the City, provided that City's approval will not be unreasonably denied, and further provided that City hereby approves Advanced Property Services Management, Inc., a California corporation, as the property manager.
10.3. Mo rtgage Protection . A violation or breach of this Agreement does not defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust, or other financing or security instrument. Any successor of Developer to the Property is bound by the terms of this Agreement regardless of how the successor's title was acquired.
11. R
emedies . If Developer violates any provision of or obligation under this Agreement, then City will, at its option, have any or all of the following described remedies, all cumulative Item: 13
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(so exercise of one remedy will not preclude the exercise of another remedy), in addition to such other remedies as might be available at law or in equity. The City's remedies include, among other things:
11.1. Causes of Action. City may sue Developer for damages or other relief, from time to time, at City's election, without terminating this Agreement, including by mandamus or other suit, action or proceeding at law or in equity, to require Developer to perform the covenants or agreements or observe the conditions or restrictions of this Agreement, or enjoin any acts or things that may be unlawful or in violation of the right of City under this Agreement; or by other action at law or in equity, as necessary or convenient to enforce the covenants, agreements, conditions or restrictions of this Agreement.
11.2. N o Waiver . A failure by City to insist upon strict performance of any condition, covenant, agreement, or restriction or reservation of this Agreement or to exercise any right or remedy upon a violation of this Agreement does not waive City's rights under the Agreement.
No obligation of Developer under this Agreement may be modified, except by written instrument executed by City. No waiver of any default modifies this Agreement. Each and every covenant, agreement, restriction and reservation of this Agreement will continue in full force and effect with respect to any other then- existing or subsequent default of such condition, covenant, agreement, restriction, or reservation of this Agreement.
11.3. D
amages . Among other damages, City may recover from Developer: (a) all damages, including fees and costs, incurred by City related to Developer's default of this Agreement; and (b) all damages incurred by City related to City's enforcement of this Agreement.
11.4. I njunction of Breaches. Whether or not a violation of this Agreement has occurred, City may obtain a court order enjoining Developer from continuing any default or from committing any threatened default. Developer specifically and expressly acknowledges that damages would not constitute an adequate remedy to City for any default under this Agreement.
11.5. S
pecific Enforcement . Developer agrees that should Developer breach any of the covenants or agreements or conditions or restrictions of this Agreement, potential damages to City as well as to prospective tenants of the Affordable Senior Apartment Complex would be difficult, if not impossible, to evaluate and quantify. Therefore, in addition to any other relief to which City may be entitled as a consequence of Developer's default under this Agreement, Developer agrees to the imposition of the remedy of specific performance against Developer under this Agreement.
12. L
imited Partner Provisions . This Agreement is hereby modified to provide that if and when Developer is in the form of a limited partnership and admits an investor limited partner into the partnership, City agrees to the following provisions for the benefit of Developer's investor limited partner:
12.1. City will give the limited partner a copy of any notice (at the limited partner's address provided in a notice by Developer to City) that City gives to Developer under this Item: 13
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Agreement, provided that Developer has provided the address and contact information for the investor limited partner in writing to City.
12.2. City will give the limited partner thirty (30) days after the limited partner's receipt of such notice to cure a non-payment of any sum due under this Agreement.
12.3. City will give the limited partner sixty (60) days after the limited partner's receipt of such notice to cure any other default under this Agreement.
12.4. If a non-monetary default is incapable of being cured within sixty (60) days, City will give the limited partner an additional ninety (90) days to cure such default provided the limited partner has commenced to cure such default and is diligently proceeding to cure such default through the end of such period.
12.5. If the limited partner makes any such payment or otherwise cures such default, City will accept such action as curing such default as if such payment or cure were made by Developer.
12.6. City will permit the limited partner to transfer the limited partner's interest to any person or entity at any time.
12.7. City will permit the limited partner to remove the general partner of the partnership in accordance with the partnership agreement of Developer, provided that the substitute general partner is reasonably acceptable to City.
13. Attorneys' Fees. In addition to any other remedies provided hereunder or available under the law, if either Party brings an action or proceeding to enforce, protect or establish any right or remedy hereunder or under any of the documents executed in connection herewith, the prevailing Party may recover from the other Party its costs of suit, including without limitation expert witness fees and reasonable attorneys' fees.
14. T
ime of Essence. Time is expressly made of the essence with respect to the performance by City and Developer of each and every obligation and condition of this Agreement.
15. Suc cessor and Assigns . This Agreement runs with the land, and all of the terms, conditions, restrictions, and covenants contained in this Agreement are binding upon Developer, City, their permitted successors and assigns, and all successors in interest to all or any portion of the Affordable Senior Apartment Complex or the Property. Whenever the terms "Developer" or "City" are used in this Agreement, such terms include any other successors and assigns as herein provided.
16. N
otice. Any approval, disapproval, demand, document or other notice which either Party may desire to give to the other Party under this Agreement must be in writing and may be given:
(a) by personal service or (b) by email, so long as if by email a copy of such notice is also followed within 24 hours thereof by one of the following methods of hard copy service: (i) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (ii) mailing in the United States mail, certified mail, Item: 13
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postage prepaid, return receipt requested, addressed to the address of the Party as set forth below, or at any other address as that Party may later designate by notice.
If to City: Debra Rose City Manager
City of Lake Forest 100 Civic Center Drive
Lake Forest, CA 92630
telephone: (949) 461-3410
e-mail: [email protected]
With a Copy to: Matthew Richardson
City Attorney
City of Lake Forest
18101 Von Karman
Suite 1000
Irvine, CA 92612
telephone: (949) 263-6562
e-mail: [email protected]
If to Developer: Meadows Seniors LP
14211 Yorba Street, Suite 200
Tustin, CA 92780
Attn: Todd Cottle
telephone: (714) 288-7600, ext. 250
e-mail: [email protected]
With
Copies to: RCC MGP LLC
14131 Yorba Street
Tustin, CA 92780
Attn: President
telephone: (714) 628-1654, ext. 718
e-mail: [email protected]
The Waterford Group, Inc.
130 Newport Beach Center Drive, Suite 230
Newport Beach, CA 92660
Attn: Sean Rawson
telephone: 949-529-3534
e-mail: [email protected]
Goldfarb & Lipman LLP
1300 Clay Street, 11th Floor
Oakland, CA 94612
Attn: Lynn Hutchins
telephone: (510) 433-6336
e-mail: [email protected]
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17. Exhibits. This Agreement includes the following exhibits, each of which is attached hereto and incorporated herein by this reference:
17.1. Exhibit A: Legal Description of the Property
17.2. Exhibit B: Affordable Housing Implementation Plan
17.3. Exhibit C: Sample Tenant Income Verification Form
18. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California without reference to choice of law or conflict of law provisions. Venue for any litigation concerning this Agreement will be in Orange County, California.
19. S everability . If any term, provision, condition or covenant of this Agreement or its application to any Party or circumstances is held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, will not be affected, and will be valid and enforceable to the fullest extent permitted by law.
20. P
riority Interest & Recording Requirement . Prior to and as a condition to the issuance of the final certificate of occupancy by the City's Building Official for the Affordable Senior Apartment Complex, this Agreement must be recorded in the Official Records of Orange County, California, as a senior, non-subordinate covenant running with the land for the entire length of the Affordability Period. This Agreement may not be made junior or subordinate to any deed of trust or other documents providing financing for the Affordable Senior Apartment Complex or any other lien or encumbrance whatsoever during the Affordability Period.
21. A
mendment or Modification . Any amendment, alteration, change or modification of or to this Agreement, in order to become effective, must be made in writing and in each instance signed by a duly authorized representative on behalf of each Party. Each Party agrees to exercise reasonable discretion in its consideration of a request by the other Party to amend this Agreement. Each amendment, alteration, change, or modification to this Agreement will be recorded against the Property in the Official Records of Orange County, California.
22. C
ounterparts . This Agreement may be signed in multiple counterparts all of which together constitute an original binding agreement.
23. T itles and Captions . Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or of any of its terms.
24. C omplete Agreement . This Agreement constitutes the entire Agreement between the Parties regarding the subject matter of this Agreement, superseding all other Agreements or understandings, whether written or oral.
25. I nterpretation . Whenever required by the context of this Agreement, (a) the singular includes the plural, and vice versa, and the masculine includes the feminine and neuter genders, Item: 13
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and vice versa, and (b) use of the words "including," "such as," or words of similar import, when following any general term, statement or matter do not limit such statement, term or matter to specific items, whether or not language of non-limitation, such as "without limitation," or "but not limited to," are used with reference thereto, but rather refer to all other items or matters that could reasonably fall within the broadest scope of such statement, term or matter. This Agreement should be interpreted as though prepared jointly by both Parties.
26. Conflicts of Interest. Elected or appointed public officials or employees of City may not have any personal interest, direct or indirect, in this Agreement. An elected or appointed public official or employee of City may not participate in any decision relating to the Agreement that affects his or her personal interests, economic interests, or the interests of any corporation, partnership or association in which such individual is directly or indirectly interested.
27. C omputation of Time . The time in which any act is to be done under this Agreement is computed by excluding the first day and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term "holiday" means all holidays as specified in Section 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time will be Pacific Time Zone time.
28. D
evelopment Agreement . The City specifically acknowledges and agrees that the construction of the Affordable Senior Apartment Complex, when complete, will satisfy Toll's obligations under the AHIP.
IN WITNESS WHEREOF, City and Developer have executed this Affordable Senior Citizen Housing Covenant as of the date first set forth above.
(SIGNATURES ON FOLLOWING PAGES)
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CITY:
CITY OF LAKE FOREST,
a California municipal corporation
By: Debra Rose, City Manager
Date:
ATTEST:
By: Lisa Berglund, City Clerk
Date:
APPROVED AS TO FORM:
By: Matthew Richardson, City Attorney
(SIGNATURES CONTINUE ON NEXT PAGE)
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DEVELOPER:
MEADOWS SENIORS LP,
a California limited partnership
By: RCC MGP LLC,
a California limited liability company
its Managing General Partner
By: Riverside Charitable Corporation,
a California nonprofit public benefit corporation
its Member and Manager
By: _____________________________
Kenneth S. Robertson, President
By: Meadows CCR LLC,
a California limited liability company
its Developer General Partner
By: C & C Development Co., LLC,
a California limited liability company,
its Member and Manager
By: _____________________________________
Todd R. Cottle, Trustee of the 2007 Todd R.
Cottle and Jennifer N. Cottle Revocable Trust,
its Member
By: The Waterford Group, Inc,
a California corporation,
its member
By: _____________________________________
Sean Rawson
Chief Executive Officer
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
(SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
(SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
(SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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EXHIBIT A
(LEGAL DESCRIPTION OF THE PROPERTY)
REAL PROPERTY IN THE CITY OF LAKE FOREST, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
LOT 7 OF TRACT NO. 19124, IN THE CITY OF LAKE FOREST, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED OCTOBER 5, 2021 IN BOOK 993, PAGES 42 THROUGH 50 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
APN: 612-221-01 (PORTION)
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EXHIBIT B
(AFFORDABLE HOUSING IMPLEMENTATION PLAN)
(Intentionally left blank, AHIP begins on the following page)
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EXHIBIT C
(SAMPLE TENANT INCOME VERIFICATION FORM)
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ATTACHMENT 2
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PROJECT PROMISSORY NOTE SECURED BY DEED OF TRUST
(The City of Lake Forest – The Meadows Seniors Apartments)
Principal Amount: $764,300.00 Date of Note: _________ ___, 2022 Maker: Meadows Seniors LP, a
California limited partnership
Holder: The City of Lake Forest, a municipal
corporation
Maturity Date: Thirty (30) years from
the Date of this Note
Interest Rate: Three Percent (3.00%)
1. Project Loan.
FOR VALUE RECEIVED, the undersigned MEADOWS SENIORS LP, a California limited partnership (“Maker”), with its principal place of business located at 14211 Yorba Street, Suite 200, Tustin, California 92780 promises to pay to THE CITY OF LAKE FOREST, a municipal corporation (the “City” or “Holder”) at 100 Civic Center Dr., Lake Forest, CA 92630, or such place as the Holder may, from time to time, designate by written notice to the Maker, the principal sum of SEVEN HUNDRED SIXTY FOUR THOUSAND THREE HUNDRED DOLLARS ($764,300.00), (the “Project Loan”), together with any accrued interest, if applicable, as set forth in this Note. Funds for the Project Loan consist of the deferral of certain city facilities fees by the City to assist with the development of affordable housing on the real property located at 101 Lopala, Lake Forest, CA 92630 (the "Project"). The Project Loan is made to finance the Project’s construction costs.
2. Term of Loan and Right of Prepayment.
a. Maturity Date. All accrued interest, if any, and principal shall be due and payable in full without any further demand or notice thirty (30) years from the Date of this Note (“Maturity Date”).
b. P repayment . This Note may be prepaid in whole or in part at any time and from time to time without penalty or premium.
3. S ecurity for Note.
This Note is secured by a Deed of Trust executed by Maker which creates a lien on that certain real property as described therein.
4. Interest Calculation.
The principal outstanding under this Note shall accrue simple interest at the rate of three percent (3.00%) per annum, except in the case of default as set forth in Section 9 of this Note.
Principal and interest shall be payable in lawful money of the United States of America. If applicable, interest shall be computed based on an actual day year and the actual number of days Item: 13
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elapsed. Interest shall commence on amounts disbursed hereunder from the date of disbursement.
5. Annual Payment.
a. Annual Payments from Residual Receipts. Maker shall make payments to Holder of the outstanding principal and accrued interest, if any, due under this Note equal to Ten and Ninety-Three Hundredths Percent (10.93%) of the Residual Receipts (as defined below) from the Project . The payments shall be paid to Holder no later than April 1 each year, with the first payment due on the April 1 following the issuance of a certificate of occupancy for the Project, and continuing each year thereafter until the Maturity Date.
Such annual payments shall be accompanied by the Maker’s report of Residual Receipts. The Maker shall provide the Holder with the audited financial statement provided for in Section 6, and any other documentation reasonably requested by Holder to substantiate the Maker’s determination of Residual Receipts.
All payments made hereunder shall be credited first to any accrued but unpaid interest (if applicable), then to current interest due and owing and lastly to principal. Interest not paid current each year shall be added to and thereafter be considered additional principal due hereunder.
Notwithstanding the foregoing, the entire outstanding balance of principal and any interest owing under this Note shall be due and payable in full thirty (30) years from the D ate of this Note.
b. Definition of Residual Receipts. For the purposes of this Note, “Residual Receipts” shall mean the sum of money computed as follows:
(i) A ll rents, revenues, consideration or income (of any form) received by Maker in connection with or relating to the ownership or operation of the Project, including any net revenue derived from any refinancing of the Project and any revenue from contributions, loans or grants which is not required to meet future Project obligations (but excluding tenants’ security deposits, partner capital contributions and similar advances) (“Gross Revenue”) less all of the following: all customary and reasonable costs (i.e., mandatory (hard) mortgage payments) and expenses reasonably and actually incurred in connection with the operation and maintenance of the Project, including but not limited to premiums for property and liability insurance; utility services not paid directly by tenants; maintenance and repair; security services and payments for social/supportive services; any adjuster payments to the investor limited partner required under Maker’s partnership agreement; payment of principal or interest on any indebtedness of Maker to any affiliate of Maker (individual or entity) or partner of Maker to repay completion and operating deficit loans relating to the Project; asset management fee payable to the limited partner of Maker not to exceed the amount required by Maker's investor limited partner; partnership management fee payable to the general partners of the Maker not to exceed the amount required by Maker's investor limited partner; reasonable property management fees not to exceed 8% of gross revenue; deferred developer fee not to exceed the amount required by Maker's investor limited partner; amounts (approved by Holder) expended to Item: 13
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restore the Project after a casualty loss or condemnation; reasonable and customary costs for accounting and auditing the books and records of the Project; taxes; franchise tax filing fees; and any other reserves reasonably required by the investors or the lenders approved by the City for the Project (collectively “Operating Expenses”).
(ii) Notwithstanding the generality of the foregoing, the following items are not expenses or deductible in computing Residual Receipts:
(A) Depreciation, cost recovery, amortization and similar items which do not involve the expenditure of cash.
6. Audited Financial Statement.
Maker shall annually provide Holder with an audited financial statement documenting the calculation of Residual Receipts for the previous calendar year ending December 31. The audited financial statement shall be provided on or before April 1, together with payment of the Residual Receipts payment due to Holder. Holder shall have the right to inspect and audit Maker’s books and records concerning the calculation of the Residual Receipts Payment and to object within ninety (90) days from receipt of Maker’s statement. Failure to timely object shall be deemed acceptance. If Holder does object, Holder shall specify the reasons for disapproval. Maker shall have thirty (30) days to reconcile any disapproved item. If Maker and Holder cannot agree on the amount of the Residual Receipts payment, an independent auditor mutually selected by Maker and Holder shall resolve any disputed items. The cost of the auditor shall be shared equally by Maker and Holder.
7. Annual Budget.
Maker shall prepare and submit to Holder a proposed annual operating budget for the management and operation of the Project (“Annual Budget”) no later than 60 days preceding the effective year of such budget. The Annual Budget shall include the projected Gross Revenue and Operating Expenses for the year and a line item showing the projected Residual Receipts from the Project for the year. Holder will review the Annual Budget and, if acceptable, approve it, which approval shall not be unreasonably withheld. If the Annual Budget is not acceptable, Holder shall specify the reasons for disapproval. The intent of this section is to provide Holder an opportunity to disapprove any unreasonable expenses which would diminish the Residual Receipts fr om the Project. Once approved, any changes to the Annual Budget which exceed ten percent (10%) of the total Annual Budget shall require Holder’s prior written consent, which consent shall not be unreasonably withheld.
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8. Acceleration Upon Certain Events or Upon Default.
In the event of any de fault under the terms of this Note or the Deed of Trust which is the security for this Note, or under any senior loans, notes or deeds of trust, the following shall occur:
a. Holder shall have the right, in addition to any right that it has under another provision of this Note, to inspect and audit Maker’s books and records concerning the calculation of the Residual Receipts Payment as frequently as once every calendar quarter. b. At the option of the Holder and after notice to the Maker, providing Maker with thirty (30) days in which to cure any default , and such default not having been cured within thirty (30) days (or if a greater amount of time is reasonably necessary to effect a cure, if actions to cure such default are not undertaken within said thirty (30) day period and pursued with reasonable diligence thereafter), all principal and interest due under this Note s hall immediately become due and payable, upon thirty (30) day written notice from the Holder to the Maker. Failure to exercise such option shall not constitute a waiver of the right to exercise it in the event of any subsequent default.
Should the undersigned Maker agree to or sell, convey, transfer, or dispose of t he real property described in the deed of t rust securing this Note or any part thereof or interest therein, without first obtaining the prior written consent of the Holder (except for a Permitted Transfer, as defined in Exhibit A, Rider to this Note), then, at the option of the Holder, all principal and interest due hereunder shall immediately become due and payable upon thirty (30) days written notice from the Holder to the Maker. Consent to one transaction of this type will not constitute a waiver of the right to require consent to future or successive transactions.
Notwithstanding the generality of the foregoing, certain transfers permitted under the E
xhibit A, Rider, to this Note shall not constitute a default hereunder or the Deed of Trust, and any such action shall not accelerate the maturity of this Promissory Note, provided that any transfer is either a Permitted Transfer as defined in the Exhibit A , Rider, to this Note or is reasonably acceptable to the Holder with reasonable promptness, and any transferee under such a transfer agrees to be bound by any and all instruments in favor of the Holder.
9. I nterest on Default.
From and after a default, the entire outstanding principal balance of this Note shall automatically bear an annual interest rate equal to the lesser of: (a) eight percent (8%) compounding annually; or (b) the maximum interest rate allowed by law.
10. Costs Paid by Maker.
Maker agrees to pay the following costs, expenses and attorneys fees paid or incurred by the Holder of this Note, or as adjudged by a court of competent jurisdiction: (a) reasonable costs of collection, costs and expenses and attorneys fees paid or incurred in connection with the collection or enforcement of this Note, whether or not suit is filed; and (b) costs of suit in such sum as the court may adjudge reasonable as attorneys fees in any action to enforce payment of this instrument.
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11. Waiver.
Maker hereby waives diligence, presentment, protest and demand, notice of protest, dishonor and nonpayment of this instrument, and expressly agrees that, without in any way affecting the liability of Maker hereunder, the Holder hereof may extend the Maturity Date or the time for payment of any installment due hereunder, accept additional security, release any party liable hereunder or release any security now or hereafter securing this Note. Maker hereby waives, to the fullest extent permitted by law, the right to plead any and all statutes of limitations as a defense to any demand on this instrument or any deed of trust, security agreement, guarantee or other agreement now or hereafter securing this Note.
12. Indemnification.
Maker shall indemnify, defend, protect and hold the Holder harmless from and against any and all loss, damage, liability, action, cause of action, cost or expense, including, without limitation, reasonable attorneys fees and expenses incurred by the Holder hereof, arising as a result of any (i) fraud or material misrepresentation by the Maker under or in connection with this Note or related agreements; (ii) intentional bad faith waste of the real property encumbered by the deed of trust which secures this Note; and (iii) losses resulting from Maker’s failure to maintain insurance as required under the provisions of the deed of trust securing this Note.
13. Nonrecourse.
This Note shall become a nonrecourse obligation of Maker on the date that Maker files a valid and timely notice of completion for the Project and the Holder must resort only to the Project or the Property, or both, for repayment should the Maker fail to repay the sums evidenced hereby.
At such time as this Note becomes nonrecourse, neither Maker nor any of its general and limited partner shall have any personal liability for repayment of the Project Loan and no deficiency judgment may be obtained against Maker or any of its general and limited partners except for actual or constructive fraud, material misrepresentation, intentional bad faith waste of or on the Project and such other matters as are referred to below. Notwithstanding the genera lity of the foregoing, however, Maker shall indemnify, defend, protect and hold Holder harmless from and against any and all loss, damage, liability, action, cause of action, cost or expense, including, without limitation, reasonable attorneys ’ fees and ex penses incurred by the Holder arising as a result of any (i) fraud or material misrepresentation by the Maker under or in connection with this Note or any other agreements or documents provided in connection therewith; (ii) intentional bad faith waste of the Property encumbered by the deed of trust which secures this Note; and (iii) losses resulting from Maker’s failure to maintain insurance as required under the provisions of the deed of trust securing this Note. Maker’s obligation to indemnify the Holder hereof as aforesaid shall be recourse obligations of the Maker, and in the event of any breach of such obligations, the Holder shall have the right to proceed directly against the Maker to recover any and all losses, damages, liability, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) and may bring any action and institute any proceeding to obtain a deficiency judgment in or following foreclosure for any and all such losses, damages, liabilities, costs and expenses resulting from such breach.
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14. Severability.
If any provision of this Note is determined by a court of competent jurisdiction to be void or unenforceable, such determination shall not affect any other provision of this instrument, and all other provisions hereof shall remain valid and in full force and effect.
15. Non-Waiver.
No delay in demanding or failure to demand performance hereunder shall constitute a waiver by the Holder hereof of its right to subsequently demand such performance or to exer cise any remedies for any default hereunder. Further, in order to be effective, any waiver of any of the Holder’s rights and remedies hereunder shall be expressed in a writing signed by a duly appointed representative of the Holder hereof. Further, waiver by the Holder hereof of any right hereunder shall not constitute a waiver of any other right, including, but not limited to, the right to exercise any and all remedies for a different or subsequent event of default hereunder.
16. Rider.
Maker and Holder agree that the terms of this Note shall be modified as provided in the Rider attached as Exhibit A, which is incorporated herein by this reference.
[Signatures on Following Page]
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MAKER:
MEADOWS SENIORS LP,
a California limited partnership
By: RCC MGP LLC,
a California limited liability company,
its Managing General Partner
By: Riverside Charitable Corporation,
a California nonprofit public benefit corporation,
its Member and Manager
By: _____________________________
Kenneth S. Robertson, President
By: Meadows CCR LLC,
a California limited liability company,
its Developer General Partner
By: C & C Development Co., LLC,
a California limited liability company,
its Member and Manager
By: _____________________________________
Todd R. Cottle, Trustee of the 2007 Todd R.
Cottle and Jennifer N. Cottle Revocable Trust,
its Member
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EXHIBIT A
RIDER
THIS RIDER, dated as of _________ __, 2022, is made by and between The City of Lake Forest, a California municipal corporation (the "Holder") and Meadows Seniors LP, a California limited partnership (the "Maker").
WITNESSETH:
WHEREAS, Maker has entered into that certain Promissory Note, dated as of even date herewith (the "Note") in the amount of Seven Hundred Sixty Four Thousand Three Hundred Dollars ($764,300) (the "Loan") for the benefit of the Holder in connection with the construction financing for that certain affordable apartment development known as The Meadows Seniors Apartments, to be located at 101 Lopala, Lake Forest, California 92630 (the "Project"); WHEREAS, the Note is secured by that certain Deed of Trust with Assignment of Rents, dated as of even date herewith (the " Deed of Trust"). The Note and the Deed of Trust shall be referred to as the "Loan Documents."
WHEREAS, the Maker is operating pursuant to the Maker 's Amended and Restated Agreement of Limited Partnership, dated as of November __, 2022 (as the same may be amended from time to time, the "Partnership Agreement");
WHEREAS, the Holder and the Maker desire to clarify certain terms on which the Loan will be made.
NOW, THEREFORE, in consideration of the premises and for other valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree, notwithstanding any provision to the contrary in the Loan Documents, as set forth herein.
1. Subordination. The Deed of Trust may be subordinated to other loans for the Project (in each case, a " Senior Loan "), but only on condition that all of the proceeds of the proposed Senior Loan, less any transaction costs, must be used to provide financing for the Project.
Upon a determination by the City Manager that the conditions in this Section have been reasonably satisfied, the City Manager or his/her designee on behalf of the Holder will be authorized to execute a subordination agreement without the necessity of any further action or approval.
2. Permitted Transfers. The following changes of ownership in the Maker (“Permitted Transfers”) shall be permitted without the consent of Holder and where, except for a transfer described in subsections (a), (b), (c) , (d), (f), (g) and (i) below, the person or entity to which such transfer is made expressly and unconditionally assumes in a written assignment and assumption agreement between such transferee and the City that is in a form reasonably acceptable to City (as evidenced by execution of such assignment and assumption agreement by the City Manager), all obligations of Maker under this Note and the Deed of Trust:
(a) Any transfer to a holder of a Senior Loan.
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(b) Any transfer directly resulting from the foreclosure of a Senior Loan. (c) Any transfer of equity in the Maker that does not change management or operational control of the Project , with no material change in beneficial ownership (with the exception of any conveyance to member(s) of the immediate family(ies) of the transferor(s) or trusts for their benefit) and which constitutes a tax- free transaction under Federal income tax law and California real estate transfer tax.
(d) The lease of residential units in the Project consistent with the Regulatory Agreement between the Maker and the City.
(e) The transfer and sale of limited partnership interests in Maker and the transfer of any direct or indirect ownership interests in any limited partner in the partnership constituting the Maker while the Maker is in the form of a limited partnership. (f) In the event that any general partner of the Maker, while the Maker is in the form of a limited partnersh ip, is removed by the limited partner of such limited partnership for cause following default under the partnership agreement, the transfer of the general partner interest to a 501(c)(3) tax exempt nonprofit corporation selected by the limited partner and approved by the City, which approval shall not be withheld unreasonably, delayed or conditioned. (g) The transfer of the Project from Maker, while the Maker is in the form of a limited partnership, to one or more of the general partners of the Maker or affiliates the general partners of the Maker at the end of the tax credit compliance period for the Project. (h) Any dilution of the general partner’s interest in the Maker while the Maker is in the form of a limited partnership, in accordance with the Maker ’s limited partnership agreement.
3. General Partner Change. The withdrawal, removal, and/or replacement of a general partner of the partnership that constitutes the Maker pursuant to the terms of the Maker 's Partnership Agreement shall not constitute a default under any of the Loan Documents, and any such actions shall not accelerate the maturity of the Loan.
4. Default. If an event of default occurs under the terms of any of the Loan Documents, the following shall occur:
a. Holder shall have the right, in addition to any right that it has under another provision of this Note, to inspect and audit Maker’s books and records concerning the calculation of the Residual Receipts Payment as frequently as once every calendar quarter. b. If the Maker fails to take corrective action or to cure the default within the time provided in the Note, the Holder shall give the Maker, the general partners of the Maker, and the investor limited partner of the Maker written notice there of, whereupon the investor limited partner may remove and replace one or more general partners of the Borrower with a substitute General Partner who shall effect a cure within a reasonable time thereafter in accordance with the foregoing provisions. In no event shall the Holder be precluded from exercising remedies if its security becomes or is about to become materially jeopardized by any failure to cure a default or Item: 13
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the default is not cured within ninety (90) days after the first notice of default is given, or such longer period of time as may be specified in the Loan Documents.
5. Right to Cure Loan Defaults. Each limited partner of the Maker shall have the right, but not the obligation, to cure any default of the Maker under any Loan Document. Any cure by a limited partner in the Maker shall be deemed to be a cure by the Maker.
6. Casualty, Condemnation, Etc . In the event of any fire or other casualty to the Project or eminent domain proceedings resulting in condemnation of the Project or any part thereof, the Maker shall have the right to rebuild the Project and to use all available insurance or condemnation proceeds therefor, provided that (a) such proceeds are suf ficient to keep the Loan in balance and rebuild the Project in a manner that provides adequate security to the Holder for repayment of the Loan, or if such proceeds are insufficient, then the Maker shall have funded any deficiency, (b) the Holder shall have the right to approve plans and specifications for any major rebuilding and the right to approve disbursements of insurance or condemnation proceeds for rebuilding under a construction escrow or similar arrangement, and (c) no material default then exists under the Loan Documents. If the casualty or condemnation affects only part of the Project and total rebuilding is infeasible, then proceeds may be used for partial rebuilding and partial repayment of the Loan in a manner that provides adequate security to the Holder for repayment of the remaining balance of the Loan.
7. Force Majeure. There shall be no default for delays beyond the reasonable control of the Maker, provided that such delays do not exceed ninety (90) days.
8. Purchase Rights. The execution and delivery of the Purchase Option and Right of First Refusal Agreement between the partners of the Maker (or their affiliates) and the Maker (the "Option Agreement"), and the consummation of the transactions contemplated therein, shall not constitute a default under the Loan Documents or accelerate the maturity of the Loan thereunder.
Any requisite consent of the Holder to (a) the exercise of the rights under the O ption Agreement by any or both general partners of Maker or its/their affiliate(s), and to (b) the assumption without penalty of the Loan obligations by any or both general partners of Maker or its/their affiliate(s) and the release of the Maker from such obligations, shall not be unreasonably withheld. Subject to any such consent requirement, the exercise of rights under such agreement shall not constitute a default or accelerate maturity of the Loan.
9. Loan Assumption. If the right of first refusal and purchase option right in the Option Agreement are not exercised and the Project is sold subject to low income housing use restrictions as contained in an existing regulatory agreement or other recorded covenant, then any requisite consent of the Holder to said sale and to the assumption without penalty of the Loan obligations by the pur chaser and the release of the Maker from such obligations shall not be unreasonably withheld.
10. Approvals, Etc. In any approval, consent, or other determination by the Holder required under any of the Loan Documents, the Holder shall act reasonably and in good faith.
11. Tax Credit Compliance . As of the date hereof, Internal Revenue Code (IRC) Section 42(h)(6)(E)(ii) does not permit the eviction or termination of tenancy (other than for good Item: 13
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cause) of an existing tenant of any low -income unit or any increase in the gross rent with respect to such unit not otherwise permitted under IRC Section 42 for a period of three (3) years after the date the building is acquired by foreclosure or instrument in lieu of foreclosure. In the event that the regulatory agreement required by the California Tax Credit Allocation Committee is recorded against the Project , the Holder agrees to comply with the provisions set forth in IRC Section 42(h)(6)(E)(ii).
12. Notices. Formal notices, demands, and communications between the Maker and Holder shall be sufficiently given if, and shall not be deemed given unless, dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or personal delivery with a delivery receipt, as follows:
Holder:
The City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
Attn: City Manager
Maker:
Meadows Seniors LP
c/o Meadows CCR LLC
14211 Yorba Street, Suite 200
Tustin, California 92780
Attention: Todd Cottle
Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected entity may from time to time designate as provided in this Section 1 2.
Receipt shall be deemed to have occurr ed on the date shown on a written receipt as the date of delivery, refusal of delivery, or the date the notice was returned as undeliverable.
13. Notices to Limited Partner. The Holder will use its best efforts to simultaneously provide the limited partner of the partnership that constitutes the Maker copies of any notice(s) of monetary or non- monetary default of the Maker or other notices sent to the Maker ; provided, however, that failure to provide copies of any such notices shall in no way affect the right of the Holder to pursue its remedies under the Loan Documents. The addresses for such notices to the limited partner are as follows:
NEF Assignment Corporation, as nominee
10 South Riverside Plaza
Suite 1700
Chicago, Illinois 60606
14. Attorneys' Fees Enforcement. If any attorney is engaged by any party hereto to enforce or defend any provision of this Agreement, then the prevailing party or parties shall be entitled to costs and reasonable attorneys' fees.
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15. Governing Law . This Agreement shall be governed by and construed in accordance with the laws of the State of California. If any court of competent jurisdiction determines any provision of this Agreement or the Loan Documents to be invalid, illegal or unenforceable, then that provision shall be deemed severed from the rest, which shall remain in full force and effect as though the invalid, illegal or unenforceable provision had never been a part hereof or of the Loan Documents.
16. Modification. No provision of the Loan Documents, as modified herein, may be changed, discharged, supplemented, terminated, or waived except in a writing signed by the Maker and the Holder.
17. Binding Effect. The Loan Documents, as modified herein, shall be binding upon, and inure to the benefit of, the Maker and the Holder and their respective successors and assigns.
18. Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered to the Holder shall be deemed to be an original, and all of which, taken together, will be deemed to be one and the same instrument.
19. Headings. All paragraph headings in this Rider are for convenience of reference only and are not intended to qualify the meaning of any paragraph. [Signatures on Following Page]
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IN WITNESS WHEREOF, the parties hereto have caused this Rider to be executed by their duly authorized officers all as of the date first above written.
MAKER:
MEADOWS SENIORS LP,
a California limited partnership
By: RCC MGP LLC,
a California limited liability company,
its Managing General Partner
By: Riverside Charitable Corporation,
a California nonprofit public benefit corporation,
its Member and Manager
By: _____________________________
Kenneth S. Robertson, President
By: Meadows CCR LLC,
a California limited liability company,
its Developer General Partner
By: C & C Development Co., LLC,
a California limited liability company,
its Member and Manager
By: _____________________________________
Todd R. Cottle, Trustee of the 2007 Todd R.
Cottle and Jennifer N. Cottle Revocable Trust,
its Member
(SIGNATURES CONTINUE ON NEXT PAGE)
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HOLDER:
CITY OF LAKE FOREST, a California municipal corporation
By: _______________________________________ Debra Rose, City Manager
Date: _______________________________________
ATTEST:
By: ______________________________________ Lisa Berglund, City Clerk
Date: _____________________________
APPROVED AS TO FORM:
By: ___________________________________ Matthew Richardson, City Attorney
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ATTACHMENT 3
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
The City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
Attn: City Manager
APN: 612-221-01 (PORTION) SPACE ABOVE FOR RECORDER’S USE ONLY
EXEMPT FROM RECORDING FEE PER
GOVERNMENT CODE §27383 AND §27388.1
DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING
(WITH ASSIGNMENT OF RENTS)
(The City of Lake Forest - The Meadows Seniors)
This Deed of Trust, Security Agreement and Fixture Filing (with Assignment of Rents) (“Deed of Trust”) is dated as of _______ __, 2022, by MEADOWS SENIORS LP, a California limited partnership, whose address is 14211 Yorba Street, Suite 200, Tustin, CA 92780 (“Trustor”), to FIRST AMERICAN TITLE COMPANY, a California corporation (“Trustee”), for the benefit of THE CITY OF LAKE FOREST, a municipal corporation, whose address is 100 Civic Center Dr., Lake Forest, California 92630 (“Beneficiary”), and is executed to secure that certain Promissory Note of even date herewith, in the principal amount of Seven Hundred Sixty Four Thousand Three Hundred Dollars ($764,300.00), executed by Trustor in favor of Beneficiary (such Promissory Note, as it may from time to time be supplemented, amended extended, renewed or otherwise modified), the provisions of which are incorporated in the Deed of Trust by this reference.
Trustor hereby IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to Trustee, its successors and assigns, in Trust, with POWER OF SALE TOGETHER WITH RIGHT OF ENTRY AND POSSESSION, the following property (“Trust Estate”):
(a) All of that certain real property in The City of Lake Forest, County of Orange, State of California, more particularly described in Exhibit “A” attached hereto and by this reference made a part hereof (“Subject Property”); (b) All buildings, structures and other improvements now or in the future located or to be constructed on the Subject Property (“Improvements”); (c) All tenements, hereditament, appurtenances, privileges, franchises and other rights and interests now or in the future benefitting or otherwise relating to the Subject Property or the Improvements, including easements, rights-of-way and development rights (“Appurtenances”). (Appurtenances, together with the Subject Property and the Improvements, are hereafter collectively referred to as the “Real Property”); Item: 13
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(d) Subject to the assignment to Beneficiary set forth in Paragraph 4 below, all rents, issues, income, revenues, royalties and profits now or in the future payable with respect to or otherwise derived from the Trust Estate or the ownership, use, management operation, leasing or occupancy of the Trust Estate, including those past due and unpaid (“Rents”); (e) All present and future right, title and interest of Trustor in and to all inventory, equipment, fixtures and other goods (as those terms are defined in Division 9 of the California Uniform Commercial Code (“UCC”), whether existing now or in the future) located at, upon or about, or affixed or attached to or installed in, the Real Property, or used or to be used in connection with or otherwise relating to the Real Property or the ownership, use, development, construction, maintenance, management, operation, marketing, leasing or occupancy of the Real Property, including furniture, furnishings, machinery, appliances, building materials and supplies, generators, boilers, furnaces, water tanks, heating, ventilating and air conditioning equipment and all other types of tangible personal property of any kind or nature, and all accessories, additions, attachments, parts, proceeds, products, repairs, replacements and substitutions of or to any of such property (“Goods,” and together with the Real Property, collectively the “Property”); and
(f) All present and future right, title and interest of Trustor in and to all accounts, general intangibles, chattel paper, deposit accounts, money, instruments and documents (as those terms are defined in the UCC) and all other agreements, obligations, rights and written material (in each case whether existing now or in the future) now or in the future relating to or otherwise arising in connection with or derived from the Property or any other part of the Trust Estate or the ownership, use, development, construction, maintenance, management, operation, marketing, leasing, occupancy, sale or financing of the Property or any other part of the Trust Estate, including (to the extent applicable to the Property or any other portion of the Trust Estate) (i) permits, approvals and other governmental authorizations, (ii) improvement plans and specifications and architectural drawings, (iii) agreements with contractors, subcontractors, suppliers, project managers, supervisors, designers, architects, engineers, sales agents, leasing agents, consultants and property managers, (iv) takeout, refinancing and permanent loan commitments, (v) warranties, guaranties, indemnities and insurance policies, together with insurance payments and unearned insurance premiums, (vi) claims, demands, awards, settlements, and other payments arising or resulting from or otherwise relating to any insurance or any loss or destruction of, injury or damage to, trespass on or taking, condemnation (or conveyance in lieu of condemnation) or public use of any of the Property, (vii) license agreements, service and maintenance agreements, purchase and sale agreements and purchase options, together with advance payments, security deposits and other amounts paid to or deposited with Trustor under any such agreements, (viii) reserves, deposits, bonds, deferred payments, refunds, rebates, discounts, cost savings, escrow proceeds, sale proceeds and other rights to the payment of money, trade names, trademarks, goodwill and all other types of intangible personal property of any kind or nature, and (ix) all supplements, modifications, amendments, renewals, extensions, proceeds, replacements and substitutions of or to any of such property (collectively, “Intangibles”).
Trustor further grants to Trustee and Beneficiary, pursuant to the UCC, a security interest in all present and future right, title and interest of Trustor in and to all Goods and Intangibles and all of the Trust Estates described above in which a security interest may be created under the Item: 13
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UCC (collectively, the “Personal Property”). This Deed of Trust constitutes a security agreement under the UCC, conveying a security interest in the Personal Property to Trustee and Beneficiary. Trustee and Beneficiary shall have, in addition to all rights and remedies provided herein, all the rights and remedies of a “secured party” under the UCC and other applicable California law. Trustor covenants and agrees that this Deed of Trust constitutes a fixture filing under Sections 9313 and 9402(6) of the UCC.
FOR THE PURPOSE OF SECURING, in such order of priority as Beneficiary may elect, the following: (a) payment of that certain Project Promissory Note of even date herewith in the principal amount of Seven Hundred Sixty Four Thousand Three Hundred Dollars ($764,300.00) (referred to herein as the “Note”). The Note and all of its terms (“Secured Obligations”) are incorporated herein by reference and this conveyance shall secure any and all extensions, amendments, modifications or renewals thereof, however evidenced.
AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES:
1. That Trustor shall perform its obligations as set forth in the Secured Obligations at the time and in the manner respectively provided therein;
2. That Trustor shall not permit or suffer the use of any of the property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed;
3. That the Secured Obligations are incorporated in and made a part of this Deed of Trust. Upon default of a Secured Obligation, and after the giving of notice and the expiration of any applicable cure period, the Beneficiary, at its option, may declare the whole of the indebtedness secured hereby to be due and payable. This Deed of Trust shall cover, and the property subject hereto shall include, all property now or hereafter affixed or attached to or incorporated upon the Subject Property in, to or under which Trustor now has or hereafter acquires any right, title or interest, which, to the fullest extent permitted by law, shall be deemed fixtures and a part of the Subject Property. To the extent any of the property subject to this Deed of Trust consists of rights in action or personal property covered by the UCC, this Deed of Trust shall also constitute a security agreement, and Trustor hereby grants to Beneficiary, as secured party, a security interest in such property, including all proceeds thereof, for the purpose of securing the Secured Obligations. In addition, for the purpose of securing the Secured Obligations, Trustor hereby grants to Beneficiary, as secured party, a security interest in all of the property described herein in, to, or under which Trustor now has or hereafter acquires any right, title or interest, whether present, future or contingent, including, but not limited to, all equipment, inventory, accounts, general intangibles, instruments, documents and chattel paper, as those terms are defined in the UCC, and all other personal property of any kind (including, without limitation, money and rights to the payment of money), whether now existing or hereafter created, that are now or at any time hereafter (i) in the possession or control of Beneficiary in any capacity; (ii) erected upon, attached to or appurtenant to the Subject Property; (iii) located or used on the Subject Property or identified for use on the Subject Property (whether stored on the Subject Property or elsewhere); or (iv) used in connection with, arising from, related to, or associated with the Subject Property or any of the personal property Item: 13
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described herein, the construction of any improvements on the Subject Property, the ownership, development, maintenance, management or operation of the Subject Property, the use or enjoyment of the Subject Property or the operation of any business conducted thereon, including, without limitation, all such property described as the Trust Estate hereinabove. The security interests granted in this Paragraph 3 are hereinafter severally and collectively called the “Security Interest”. The Security Interest shall be self-operative with respect to the real property described herein but Trustor shall execute and deliver on demand such additional security agreements, financing statements and other instruments as may be requested in order to impose the Security Interest more specifically upon the real and personal property encumbered hereby.
The Security Interest, at all times, shall be prior to any other interest in the personal property encumbered hereby. Trustor shall act and perform as necessary and shall execute and file all security agreements, financing statements, continuation statements and other documents requested by Beneficiary to establish, maintain and continue the perfected Security Interest.
Trustor, on demand, shall promptly pay all costs and expenses of filing and recordation, to ensure the continued priority of the Security Interest. Trustor shall not sell, transfer, assign or otherwise dispose of any personal property encumbered hereby without obtaining the prior written consent of Beneficiary, except that the Trustor may, in the ordinary course of business, replace personal property or dispose of personal property that will not be replaced because of its obsolescence. Unless Beneficiary then agrees otherwise in writing, all proceeds from any permitted sale or disposition in excess of that required for full replacement shall be paid to Beneficiary to be applied on the Note subject to the rights of any senior lenders. Although proceeds of personal property are covered hereby, this shall not be construed to mean that Beneficiary consents to any sale of such personal property. Upon its recordation in the real property records of Orange County, this Deed of Trust shall be effective as a financing statement filed as a fixture filing. In addition, a carbon, photostatic or other reproduced copy of this Deed of Trust and/or any financing statement relating hereto shall be sufficient for filing and/or recording as a financing statement;
4. That all rents, profits and income from the property covered by this Deed of Trust are hereby assigned to the Beneficiary for the purpose of discharging the debt hereby secured.
Permission is hereby given to Trustor so long as no default exists hereunder after the giving of notice and the expiration of any applicable cure period, to collect such rents, profits and income for use in accordance with the provisions of the Secured Obligations;
5. That upon default hereunder or under the aforementioned agreements, and after the giving of notice and the expiration of any applicable cure period, Beneficiary shall be entitled to the appointment of a receiver by any court having jurisdiction, without notice, to take possession and protect the property described herein and operate same and collect the rents, profits and income therefrom;
6. That Trustor will keep the improvements now existing or hereafter erected on the property insured against loss by fire and such other hazards, casualties, and contingencies as may be required by applicable provisions of the Secured Obligations, and all such insurance shall be evidenced by standard fire and extended coverage insurance policy or policies. Such policies shall be endorsed with standard mortgage clause with loss payable to the Beneficiary and certificates thereof together with copies of original policies, if requested, shall be deposited with the Beneficiary;
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7. To pay before delinquency any taxes and assessments affecting said Property; to pay, when due, all encumbrances, charges and liens, with interest, on said Property or any part thereof which appear to be prior or superior hereto; and to pay all costs, fees, and expenses of this trust. Notwithstanding anything to the contrary contained in this Deed of Trust, Trustor shall not be required to pay and discharge any such tax, assessment charge or levy so long as Trustor is contesting the legality thereof in good faith and by appropriate proceedings, and Trustor has adequate funds to pay any liabilities contested pursuant to this Paragraph 7;
8. As it is provided more specifically in the Secured Obligations, to keep said property in good condition and repair, subject to ordinary wear and tear, casualty and condemnation, not to remove or demolish any buildings thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged, or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon (subject to Trustor’s right to contest the validity or applicability of laws or regulations); not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law and/or covenants, conditions and/or restrictions affecting said property; not to permit or suffer any material alteration of or addition to the buildings or improvements hereafter constructed in or upon said property without the consent of the Beneficiary;
9. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of evidence of title and reasonable attorney’s fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear;
10. Should Trustor fail, after the giving of notice and the expiration of any applicable cure period, to make any payment or do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Following default, after the giving of notice and the expiration of any applicable cure period, Beneficiary or Trustee, being authorized to enter upon said property for such purposes, may commence, appear in and/or defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; may pay, purchase, contest or compromise any encumbrance, charge, or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, may pay necessary expenses, employ counsel, and pay his reasonable fees;
11. Beneficiary shall have the right to pay all insurance premiums required by the Secured Obligations when due should Trustor fail to make any required premium payments. All such payments made by the Beneficiary shall be added to the sums secured hereby;
12. To pay immediately and without demand all sums so expended by Beneficiary or Trustee, under permission given under this Deed of Trust, with interest from date of expenditure, at the highest rate of interest permitted by law;
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13. That the funds to be advanced hereunder are to be used in accordance with applicable provisions of the Secured Obligations; upon the failure of Trustor to do so, after the giving of notice and the expiration of any applicable cure period, Trustor shall be in default hereunder;
14. Trustor further covenants that it will not voluntarily create, suffer, or permit to be created against the property subject to this Deed of Trust any lien or liens except as authorized by Beneficiary and/or as provided in the Secured Obligations and further that it will keep and maintain the property free from the claims of all persons supplying labor or materials which will enter into the construction of any and all buildings now being erected or to be erected on said premises. Notwithstanding anything to the contrary contained in this Deed of Trust, Trustor shall not be obligated to pay any claims for labor, materials or services which Trustor in good faith disputes and is diligently contesting, provided that Trustor shall, at Beneficiary’s written request, within thirty (30) days after the filing of any claim or lien (but in any event, and without any requirement that Beneficiary must first provide a written request prior to foreclosure) record in the Office of the Recorder of Orange County, a surety bond in the amount required by law to protect against a claim of lien, or provide such other security reasonably satisfactory to Beneficiary;
15. That any and all improvements made or about to be made upon the premises covered by this Deed of Trust and all plans and specifications, comply with all applicable municipal ordinances and regulations and all other applicable regulations made or promulgated, now or hereafter, by lawful authority, and that the same will upon completion comply with all such municipal ordinances and regulations and with the rules of the applicable fire rating or inspection organization, bureau, association or office.
IT IS MUTUALLY AGREED THAT:
16. Trustor confirms that if Trustor should sell, enter into a contract of sale, convey, or in any way transfer all or any interest of Trustor in the Real Property encumbered by this Deed of Trust or suffer Trustor’s title or any interest therein to be divested, whether voluntarily or involuntarily, unless the same is a Permitted Transfer as defined in the Rider to the Note, without the prior written consent of the Beneficiary being first obtained, then Beneficiary shall have the right, at Beneficiary’s sole option, to declare all sums payable under the Note secured hereby immediately due and payable in full, irrespective of the maturity date otherwise specified in the Note. No waiver of this right shall be effective unless in writing and signed by the Beneficiary.
Consent by the Beneficiary to any one such transaction shall not be deemed a waiver of the right to require such consent to future or successive transactions. Further, upon default under one of the Secured Obligations, and after the giving of notice and the expiration of any applicable cure period provided therein, the Beneficiary, at its option, may declare the whole of the indebtedness secured hereby to be immediately due and payable in full, irrespective of the maturity date otherwise specified in the Note;
17. As provided more specifically in the Secured Obligations, should the Property or any part thereof be taken or damaged by reason of any public improvement or condemnation proceeding, or damaged by fire, or earthquake, or in any other manner, subject to the rights of any senior lenders, Beneficiary shall be entitled to all compensation, awards, and other payments Item: 13
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or relief therefor which are not used to reconstruct, restore or otherwise improve the property or part thereof that was taken or damaged, and shall be entitled at its option to commence, appear in and prosecute in its own name, any action or proceedings, or to make any compromise or settlement, in connection with such taking or damage subject to the rights of any senior lenders.
All such compensation, awards, damages, rights of action and proceeds which are not used to reconstruct, restore or otherwise improve the property or part thereof that was taken or damaged, including the proceeds of any policies of fire and other insurance affecting said property, are hereby assigned to Beneficiary subject to the rights of any senior lenders;
18. Notwithstanding Sections 16 and 17, in the event that a portion of the Property is taken for a public improvement or pursuant to a condemnation proceeding and the Project (as defined in the Note) is still intact, Beneficiary shall not declare all sums due and payable under the Note, nor shall the Beneficiary be entitled to any compensation, awards and other payments therefor, provided that such compensation, awards and other payments are used for (1) paying principal and interest owed on Senior Loan(s) (as defined in the Rider to the Note), (2) making improvements to the Property that are approved by Beneficiary, in its reasonable discretion, or (3) payment of principal owing under the Note. In the event that Trustor receives such compensation, awards or other payments and fails to expend the funds in conformance with subsections (1) and (2) this section within thirty (30) days of receipt of such funds, Trustor shall be in default under this Deed of Trust.
19. Upon default by Trustor in taking any action or in making any payments provided for herein, or in the Secured Obligations, if Trustor shall fail to perform any covenant or agreement in this Deed of Trust within thirty (30) days after written demand therefor by Beneficiary (or, in the event that more than thirty (30) days is reasonably required to cure such default, should Trustor fail to promptly commence such cure, and diligently prosecute same to completion), after the giving of notice and the expiration of any applicable cure period, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale, and of written notice of default and of election to cause the property to be sold, which notice Trustee shall cause to be duly filed for record and Beneficiary may foreclose this Deed of Trust. Beneficiary shall also deposit with Trustee this Deed of Trust and all documents evidencing expenditures secured hereby;
20. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser its Deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary, may purchase at the sale. The Trustee shall apply the proceeds of sale to payment of (1) the expenses of such sale, together with the reasonable expenses of this Item: 13
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trust including therein reasonable Trustee’s fees or attorney’s fees for conducting the sale, and the actual cost of publishing, recording, mailing and posting notice of the sale; (2) the cost of any search and/or other evidence of title procured in connection with such sale and revenue stamps on Trustee’s Deed; (3) all sums expended under the terms hereof, not then repaid, with accrued interest at the maximum rate allowed by law; (4) all other sums then secured hereby; and (5) the remainder, if any, to the person or persons legally entitled thereto;
21. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Deed of Trust. Upon such appointment, and without conveyance to the successor trustee, the latter shall be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument executed by Beneficiary, containing reference to this Deed of Trust and its place of record, which, when duly recorded in the proper office of the county or counties in which the property is situated, shall be conclusive proof of proper appointment of the successor trustee;
22. The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed of Trust is hereby waived to the full extent permissible by law;
23. Upon written request of Beneficiary stating that all sums secured hereby have been paid and all obligations secured hereby have been satisfied, and upon surrender of this Deed of Trust to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters of fact shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as “the person or persons legally entitled thereto”;
24. The trust created hereby is irrevocable by Trustor;
25. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term “Beneficiary” shall include not only the original Beneficiary hereunder but also any future successor in interest to Beneficiary. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. All obligations of Trustor hereunder are joint and several;
26. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided by law. Except as otherwise provided by law, the Trustee is not obligated to notify any party hereto of pending sale under this Deed of Trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee;
27. The undersigned Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to it at the address set forth in the Deed of Trust;
28. Trustor agrees at any time and from time to time, upon receipt of a written request from Beneficiary, to furnish to Beneficiary detailed statements in writing of income, rents, profits, and operating expenses of the premises, and the names of the occupants and tenants in possession, together with the expiration dates of their leases and full information regarding all Item: 13
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rental and occupancy agreements, and the rents provided for by such leases and rental and occupancy agreements, and such other information regarding the premises and their use as may be requested by Beneficiary;
29. Trustor agrees that the obligations secured by this Deed of Trust are made expressly for the purpose of completing the construction work necessary to construct a new 65- unit affordable housing development on the Property;
30. As is provided more specifically in the Secured Obligations, the obligations of Trustor thereunder are nonrecourse obligations of the Trustor. The sole recourse of Beneficiary shall be the exercise of its rights against the Property;
31. Notwithstanding specific provisions of this Deed of Trust, non-monetary performance hereunder shall not be deemed to be in default where delays or defaults are due to:
war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor or supplier; acts of the other party; acts or failure to act of the Authority or any other public or governmental agency or entity (except that any act or failure to act of Beneficiary shall not excuse performance by Beneficiary unless such act or failure to act is allowed or required by law); or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause (a “Force Majeure Delay”) shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause. If, however, notice by the party claiming such extension is sent to the other party more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice. Times of performance under this Deed of Trust may also be extended in writing by the Beneficiary and Trustor;
32. If the rights and liens created by this Deed of Trust shall be held by a court of competent jurisdiction to be invalid or unenforceable as to any part of the obligations described herein, the unsecured portion of such obligations shall be completely performed and paid prior to the performance and payment of the remaining and secured portion of the obligations, and all performance and payments made by Trustor shall be considered to have been performed and paid on and applied first to the complete payment of the unsecured portion of the obligations;
33. (a) Subject to the extensions of time set forth in Paragraph 31, and subject to the further provisions of this Paragraph 33, failure or delay by Trustor to perform any term or provision respectively required to be performed under the Secured Obligations or this Deed of Trust constitutes a default under this Deed of Trust;
(b) Beneficiary shall give written notice of default to Trustor, specifying the default complained of by the Beneficiary. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; (c) Any failures or delays by Beneficiary in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or Item: 13
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remedies. Delays by Beneficiary in asserting any of its rights and remedies shall not deprive Beneficiary of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies; (d) If an event of default occurs under the terms of this Deed of Trust, prior to exercising any remedies hereunder or thereunder, Beneficiary shall give Trustor written notice of such default. Trustor shall have a reasonable period of time after such notice is given within which to cure the default prior to exercise of remedies by Beneficiary under this Deed of Trust.
In no event shall Beneficiary be precluded from exercising remedies if its security becomes or is about to become materially jeopardized by any failure to cure a default or the default is not cured within thirty (30) days after the notice of default is first given; (e) If an event of default occurs under the terms of the Secured Obligations, prior to exercising any remedies hereunder or thereunder, Beneficiary shall give Trustor notice of such default. As is provided more specifically in the Secured Obligations, if the default is reasonably capable of being cured within thirty (30) days, Trustor shall have such period to effect a cure prior to exercise of remedies by the Beneficiary under the Secured Obligations, or this Deed of Trust. If the default is such that it is not reasonably capable of being cured within thirty (30) days, and Trustor (i) initiates corrective action within said period, and (ii) diligently and in good faith works to effect a cure as soon as possible, then Trustor shall have such additional time as is reasonably necessary to cure the default prior to exercise of any remedies by Beneficiary. In no event shall Beneficiary be precluded from exercising remedies if its security becomes or is about to become materially jeopardized by any failure to cure a default.
34. This Deed of Trust shall be subject and subordinate to the terms of that certain extended use agreement executed by the Trustor in connection with the Trustor’s allocation of low-income housing tax credits under Section 42 of the Code (the “Extended Use Agreement”).
If Beneficiary or its successors or assigns (collectively, the “Subsequent Owner”) acquires the Property by foreclosure (or instrument in lieu of foreclosure), then the “extended use period” (as defined in Section 42(h)(6)(D) of the Internal Revenue Code) shall terminate, except for the obligation of the Subsequent Owner to comply with the limitations on evictions, termination of tenancy and increase in rents for the three year period following the Subsequent Owner’s acquisition of the Property, as set forth in Section 42(h)(6)(E)(ii) of the Internal Revenue Code.
As provided in the Rider to the Note, upon request when appropriate, Beneficiary shall execute such documentation as is necessary to subordinate this Deed of Trust to a Senior Loan. [Signatures on Following Page]
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SIGNATURE PAGE TO DEED OF TRUST
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IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first set forth above.
TRUSTOR:
MEADOWS SENIORS LP,
a California limited partnership
By: RCC MGP LLC,
a California limited liability company,
its Managing General Partner
By: Riverside Charitable Corporation,
a California nonprofit public benefit corporation,
its Member and Manager
By: _____________________________
Kenneth S. Robertson, President
By: Meadows CCR LLC,
a California limited liability company,
its Developer General Partner
By: C & C Development Co., LLC,
a California limited liability company,
its Member and Manager
its member
By: _____________________________________
Todd R. Cottle, Trustee of the 2007 Todd R.
Cottle and Jennifer N. Cottle Revocable Trust,
its Member
[SIGNATURES MUST BE NOTARY ACKNOWLEDGED]
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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EXHIBIT A TO
DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING
(WITH ASSIGNMENT OF RENTS)
(The City of Lake Forest – The Meadows Seniors)
Legal Description of Subject Property
Real property in the City of Lake Forest, County of Orange, State of California, described as follows:
LOT 7 OF TRACT NO. 19124, IN THE CITY OF LAKE FOREST, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED OCTOBER 5, 2021 IN BOOK 993, PAGES 42 THROUGH 50 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
APN: 612-221-01 (PORTION)
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/1/2022
DEPARTMENT: City Manager
SUBJECT:
CONSIDERATION OF ORDINANCE REGULATING E-BIKES AND MAKING
VARIOUS UPDATES TO THE LAKE FOREST MUNICIPAL CODE
RECOMMENDED ACTION(S):
Introduce for first reading an Ordinance entitled: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING VARIOUS SECTIONS OF TITLES 2, 12, AND 13 OF THE LAKE FOREST
MUNICIPAL CODE TO MAKE MINOR REFINEMENTS, CORRECTIONS,
CLEAN-UP AMENDMENTS; AND ADDING CHAPTER 13.22 PROHIBITING THE USE OF OPEN FLAMES ON PUBLIC PROPERTY; AND DETERMINING
THE ORDINANCE TO BE EXEMPT FROM CEQA
EXECUTIVE SUMMARY:
The Lake Forest Municipal Code (“LFMC”) is the collection of laws authorized by the City Council that govern the City’s operations. Periodically, the LFMC needs to be updated to accommodate changes in the technology the laws regulate, make it easier to address problems experienced by residents, and comport to laws passed at the State and Federal levels.
The attached ordinance would update the LFMC by:
▪Updating records retention requirements to include “video recordings” ▪Regulating on-street parking for certain oversized recreational vehicles ▪Clarifying the City’s exemption from fees to use City-owned facilities ▪Modifying the City’s user group designations for purposes of determining recreation facility user fees and priority for reservations ▪Ensuring payments for facility use are processed consistent with administrative policy
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▪Clarifying the regulation of alcohol provision for events at certain City- owned facilities
▪Authorizing the Community Services Director 1 to revoke entry passes to the Etnies Skatepark of Lake Forest (“Etnies Skatepark”) to penalize bad behavior and ensure the safety of all visitors
▪Allowing the City-hired vendors to perform maintenance work on City vehicles at the Civic Center
▪Prohibiting open flames (grills, bonfires, etc.) on public property without a reservation to a designated area in a park or a permit issued by the City’s Building Official pursuant to certain California Fire Code regulations ▪Adding definitions of e-bikes, other motorized transportation devices, and BMX bikes
▪Regulating the speed of e-bikes and other motorized transportation devices to 5 miles per hour (“mph”) on sidewalks and 10 mph on local streets, unless the area traveled has a lower posted speed limit ▪Prohibiting the use of e-bikes and other motorized transportation devices from traveling in an unsafe way that could endanger persons or animals ▪Prohibiting the use of e-bikes and other motorized transportation devices at the Etnies Skatepark
▪Codifying State law requiring users of e-bikes and other transportation devices to wear a helmet if they are under 18 years of age To effectuate these changes to the LFMC, staff recommends the City Council introduce for first reading the attached Ordinance (Attachment).
BACKGROUND:
The LFMC is the collection of laws that govern the City’s operations.
Periodically, the municipal code needs to be updated to accommodate changes in the technology the laws regulate, make it easier to address problems experienced by residents, and comport to laws passed at the State and Federal levels. The first half of the LFMC updates proposed by staff deal with day-to-day functions of the City, such as retaining meeting records, regulating parking, 1 Pursuant to the LFMC, if the Community Services Director position is vacant or unfilled, the City Manager assumes the responsibilities of the Community Services Director.
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operating sports and event facilities, and performing maintenance operations.
The second half of the LFMC updates involve new regulations of e-bikes.
Currently, the LFMC has no specific reference to e-bikes.
Until recently, electronic bicycles (“e-bikes”) were a rare form of transportation.
E-bikes look similar to typical pedestrian bicycles but are powered by an electric motor. According to the Transportation Research and Education Center at Portland State University, the average speed traveled with an e-bike is about 14 mph, whereas the average speed traveled by a traditional pedal bicycle is about
8.7 mph. Many e-bikes are capable of speeds (on flat or downhill terrain) of over 20 mph.
E-bike sales in the United States increased steadily since 2010 and exploded in popularity at the onset of the COVID-19 pandemic. In 2021, more e-bikes were purchased in the United States than electric and plug-in hybrid electric cars combined. E-bikes are now commonly encountered on designated bicycle lanes, sidewalks, paved and unpaved trails, parks, and recreation facilities. Despite their prevalence, the LFMC does not specifically regulate the use of e-bikes.
DISCUSSION:
The proposed changes to the LFMC require City Council approval of the attached Ordinance (Attachment). A summary of the impact of the attached Ordinance is provided below.
Meeting Records Requirement – Reference to Video Recordings Section 2.04.041 of Title 2 of the LFMC describes the audio tapes historically used to record public meetings. Historically, after public meetings ended, the audio tapes were reviewed by the City Clerk’s Office to ensure minute records aligned with statements made at the meetings that were recorded. The proposed update to the LFMC would erase references to “Audio Tapes” and instead refer to “Video Recordings,” as video recordings have become the City’s standard method of recording public meetings.
Oversized Vehicle Regulation – Ensuring Recreational Vehicles Used for Commercial Purposes are Regulated in Residential Areas
Section 12.16.070 of Title 12 of the LFMC regulates parking for oversized vehicles on City streets. The proposed change would ensure recreational vehicles used for commercial purposes are subject to the prohibition of on-street parking in residential areas.
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City Exempt from Fees Related to Using City Facilities - Clarification Section 13.02.018 of Title 13 of the LFMC exempts the City from paying fees for using City-owned facilities. The proposed change removes the reference to the City Council approval requirement. If approved, the City will automatically be exempt from paying City fees for events sponsored or co-sponsored at City- owned facilities.
User Groups for Recreation Activities – Changing Saddleback Valley Unified Schools District’s Group Status
Charges to use recreation facilities for activities are based on group classification. Saddleback Valley Unified School District (“SVUSD”) is currently classified as “Group 1,” which completely exempts them from fees for utilizing recreation and sports facilities. During the 2021 update to the Master Fee Schedule with regards to recreation fees, SVUSD was moved from Group 1 to Group 2. The proposed change reflects the change made to the Master Fee Schedule, which categorized SVUSD as Group 2.
Fee Payments for Facility Use – Reference to Administrative Policies Section 13.02.032 of Title 13 of the LFMC regulates how fees are charged and paid for by users of recreation and other City facilities. The proposed change adds a specific reference to the administrative policy the City has approved for how fee payments are handled and removes a reference to an example. Section
13.02.034 of Title 13 of the LFMC also refers to how fees are charged and paid for, and the proposed change also updates this section to include specific reference to the City’s administrative policy.
Alcoholic Beverage Regulation at Events Held at City Facilities – Add Reference to Facility Use Application, State Requirements, and Fees Section 13.03.030 of Title 13 of the LFMC regulates how users of certain City facilities can receive permission to dispense alcohol at events. The proposed change would add a specific reference to the Facility Use Application process, which is the documentation submitted by potential facility users. The Facility Use Application includes a description of the user’s proposed event and all the information needed for the Community Service Director to determine if alcohol provision is permitted. The proposed change also references the need to have certain permitting issued by the State of California to dispense alcohol. Lastly, the proposed change would also alter Section 13.03.040 of Title 13 of the LFMC by adding specific reference to the City’s Master Fee Schedule.
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Regulating Behavior at the Etnies Skatepark – Authorizing Community Services Director to Revoke Entry Passes
Section 13.05.040 of Title 13 of the LFMC provides the Community Services Director with authority to suspend entry passes to the Etnies Skatepark to promote the safety and wellbeing of park visitors. The proposed change would simplify the suspension process and add the ability to revoke an entry pass by the Community Services Director.
Regulating Work Performed on Vehicles at City Hall – Permitting Maintenance of City Vehicles by City-hired Vendors
Section 13.28.040 of Title 13 of the LFMC prohibits City Hall visitors from performing maintenance or repair work on their vehicles in the parking lot or other areas of the Civic Center campus. The proposed update would exempt commercial vehicles from this restriction if the commercial entity is performing maintenance work on a City vehicle.
Regulating Open Flames on Public Property – Adding Regulations The proposed changes include the addition of Chapter 13.22 of Title 13 of the LFMC. This update would prohibit any person from building, operating, or maintaining any type of open flame on public property owned by the City unless issued a permit from the Building Official. Open flames for purposes of preparing and warming food would be permitted in designated areas of City parks pursuant to the park site reservation system.
E-Bike Regulations – Adding Specific Reference to E-Bikes and Other Transportation Devices, Regulating their Use, and Codifying State Law The proposed change includes several alterations and additions to Section
12.24.020 of Title 12 of the LFMC. The purpose of these changes is to regulate the use of e-bikes, skateboards, rollerblades, motorized and non-motorized scooters, and similar transportation devices (“e-bikes and other alternative transportation devices”) on local roads, sidewalks, parks, and City-owned facilities. These changes are summarized below.
Sidewalks – Regulates the speed of bicycles, e-bikes, and other alternative transportation devices to 5 mph on sidewalks or a lower speed if the conditions of the area being travelled necessitate a lower speed (i.e., sidewalk crowding). Speeds around certain areas that generate pedestrian foot traffic (churches, schools, etc.) should be adjusted to provide right-of-way and ensure safety. Provides Director of Public Works with authority to completely prohibit transportation devices in certain areas.
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Requires all transportation devices yield right-of-way as required by bicycles.
Streets - Limits speed of e-bikes on local roads to 10 mph unless a lower speed limit is posted, or conditions warrant lower speeds. Applies all existing regulations for traditional bicycles to e-bikes.
City Parks – Limits the speed of e-bikes and other alternative transportation devices to 5 mph on all sidewalks, paths, and walkways in City parks. Prohibits the reckless operation of e-bikes and other alternative transportation devices and requires users to yield the right of way to pedestrians.
E-Bikes and Other Motor-Powered Transportation Devices Definitions – Adds definitions of e-bikes and other motor-powered transportation devices. Describes the distinction between e-bikes and BMX bikes.
Prohibits e-bikes and other motor-powered transportation devices from the Etnies Skatepark.
Helmet Requirements – Codifies existing State law related to helmets. All persons under the age of 18 are required to wear a helmet while riding a bicycle, e-bike, scooter, roller skates, or similar transportation device.
These changes to the LFMC were reviewed and approved by the City Attorney.
To effectuate these changes, staff recommends the City Council introduce the attached Ordinance for first reading (Attachment).
FISCAL IMPACT:
There is minimal impact association with the recommended action.
ATTACHMENTS:
Ordinance Amending the LFMC
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
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55136.00000\40807763.1
ORDINANCE NO. ___
AN ORDINANCE OF THE CI TY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, AMENDING
VARIOUS SECTIONS OF TI TLES 2, 12, AND 13 OF
THE LAKE FOREST MUNICIPAL CODE TO MAKE
MINOR REFINEMENTS, CO RRECTIONS, CLEAN-UP
AMENDMENTS; AND ADDI NG CHAPTER 13.22
PROHIBITING THE USE OF OPEN FLAMES ON
PUBLIC PROPERTY; AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Lake Forest (“Cit y”) desires to update various sections of Titles 2, 12, and 13 of the Lake Forest Municipal Code, described particularly in this Ordinance No. ____________; and
WHEREAS, such revisions are intended to, among other things, refine and clarify existing Municipal Code provisions , correct clerical errors, or provide consistency within the Code; and
WHEREAS, the City is authorized un der its police power to enact regulations to preserve the public health and safety; and WHEREAS, the City’s Code currently regu lates the operation of bicycles within the City but does not explicitly address electric bicycles, motorized scooters, and electrically motorized boards, among other similar types of motorized devices, which have seen increased usage throughout the City and State; and WHEREAS, the City desires to update its Code to exp licitly refer to the aforementioned motorized modes of transpor tation and to define those terms in the same manner as they are used in the Vehicle Co de so that there is no confusion or inconsistency between local and State law; and WHEREAS, the Vehicle Code provides that local authorities, like the City, may regulate electric bicycles, motorize d scooters, and elec trically motorized boards in a manner that does not conflict with State law; and WHEREAS, the City desires to regulate electric bicycles, motorized scooters, electrically motorized boards, and similar motorized recreational forms of transportation as allowed by State law; and
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WHEREAS, the City desires to further update its Municipal Code to prohibit the use of open flames on public property in order to address the risks to public health and safety associated with accidental fires.
NOW, THEREFORE, THE CITY CO UNCIL OF THE CITY OF LAKE
FOREST DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that the Recitals above are true and correct and incorporated herein.
SECTION 2. The City Council finds that Ordinance No. _____ is not subject to the California Environmental Quality Act (CEQA) because the Ordinance is not a CEQA “project” pursuant to State CEQA Guidelines section 15378(b)(5), which provides that organizational and administra tive activities of go vernments that will not result in physical environmental impacts are not CEQA projects, and here the proposed amendments refine and clarify Municipal Code provisions and correct clerical errors. Further, the City Council finds that State CEQA Guidelines section 15061(b)(3) exempts those activities for wh ich it can be seen with certainty that there is no potential to result in signif icant environmental effects. The Ordinance has no potential to result in physical change to the environment, directly or indirectly, as the Ordinance refines, clarif ies, and corrects clerical errors in the Municipal Code and does not propose nor authorize any action that would have the potential to cause a physical change in the environment, directly or indirectly.
Further, the Ordinance has no potential to result in physic al change to the environment, directly or indirectly, as the Ordinance merely (1) prohibits the kindling and maintenance of open flames and fires on public property and (2) regulates and/or prohibits the use of electric bicycl es and similar recreational devices. The City Council directs staff to file a notice of exemption within five days of the adoption of this Ordinance.
SECTION 3. Based on the entire record be fore the City C ouncil, and all written and oral evidence presented, t he City Council hereby finds that this Ordinance’s amendments and additions to the Municipal Code are consistent with the City’s adopted General Plan. Specifically, Circulation Element Goals M5 and M6 encourage the City to support and promote safe bicycle usage throughout the City. The purpose of the proposed Municipal Code Amendments is to make certain clean-up amendments, refinements, and co rrections of cleric al errors and to ensure that the Municipal Code is consiste nt and clear. Therefore, the Municipal Code Amendment is consistent with the General Plan. It is further the purpose of this Ordinance to add certain new chapte rs and sections to the Municipal Code related to the regulation and/or prohibitio n of electric bicycl es and other similar recreational transportation devices, as well as to prohibit the kindling and maintenance of open flames and fires on public property. Based on the entire Item: 14
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record before the City Coun cil, and all written and oral evidence presented, the City Council hereby finds th at this Ordinance’s amendments and additions to the Municipal Code are consistent with the City’s adopted General Plan. Specifically, Circulation Element Goals M5 and M6 encourage the City to support and promote safe bicycle usage throughout the Ci ty. Therefore, the Municipal Code Amendment is further consistent with the General Plan.
SECTION 4. The use of ellipses (…) in those sections of the Municipal Code proposed to be amended indicate the City’s intent not to amend those portions of those sections so omitted.
SECTION 5. Attached as Exhibit “A” to this Ordinance are the zoning code amendments provided herein displayed by Municipal Code section in underline (for additions) and strikethrough (for deletions) format.
SECTION 6. Section 2.04.041 of Title 2 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 2.04.041 Approved minutes as official record of proceedings.
A. Approval of Minutes. Unless th e reading of the minutes of a City Council meeting is requested by a member of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each member with a copy thereof. Minutes s hall be approved by voice or roll call vote.
B. Designated as Official Re cord. The approved written minutes constitute the official record of City Council proceedings and actions and are superior to any other reco rd, recordation, documen t, transcript, audiotape, videotape or other memorial or writin g of said proceedi ngs and actions. Any other recordings, tapes an d records of Council pr oceedings which may be deemed duplicate records shall be kept only as required by Government Code Section 34090.7 as it pres ently exists and as it ma y from time to time be amended. The City Council authorizes the City Clerk to store and destroy said duplicate records in accordance with said section of the Government Code.
C. Video Recording Retention. Wh enever a video recording of City Council proceedings is made by the City Clerk to assi st in the preparation of the minutes, said recording shall no t be destroyed except as otherwise authorized by law.
D. Subsections A through C of this section shall apply to the minutes of the meetings of any City board, commission, committee, task force, or agency after the board, commission, committee, task force, or agency and the City Item: 14
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Council have approved the same. The City Clerk, and every board, commission, committee, task force, or agency secretar y or clerk shall retain any video recording made of the proceedin gs to assist in the preparation of the minutes and such recording shall no t be destroyed except in accordance with law.
E. The provisions of th is section shall apply to all minutes which have been approved by the body conducting the meeting and by the City Council.”
SECTION 7. Section 12.16.070 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.16.070 Oversized vehicle parking regulations.
…
B. The prohibitions cont ained in this section shall not apply to: (1) vehicles making pickups or deliverie s of goods, wares, services, or merchandise to or from any building or structure immediately adjacent to the property on which such building or stru cture is situated; (2) any ambulance, paramedic, or public safety vehicle involved in an emergency; (3) any vehicle being repaired under emergency conditions, as defined in subsection (C); (4) any vehicle belonging to Federal, State, or local authorities while conducting official business; (5) recreational vehicles, as defined by this Code, excluding recreational vehicles that are being used for commercial purposes as defined in subsection (C)(1), parked in a residential area as defined in subsection (C) for a maximum of seventy-two (72) hours; and (6) vehicles temporarily parked for the purpose of, and while actually engaged in, loading or unloading persons or property.
…
2. “Residential area” shall have th e same meaning as “residence district” streets, as defined in California Vehicle Code Section 515.”
SECTION 8. Section 13.02.018 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.02.018 City-sponsored uses.
Any use of recreational facilities sc heduled for City-sponsored or co- sponsored uses shall be deemed a us e for City purposes, and shall be exempt from fees, deposits, and perm it requirements listed herein. This Item: 14
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exemption shall not apply to vendors present at City-sponsored or co- sponsored events occurring at or on City recreational facilities.” SECTION 9. Section 13.02.020 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.02.020 User groups.
…
Group I: Recreation activities sponsored or conducted by the City of Lake Forest. Examples: City-conducted or cosponsored citywide community events, leagues, or tournaments.
Group II: Recreation activities sponso red or conducted by the Saddleback Valley Unified School District, and non-profit youth sports leagues open to the public with an “everyone plays” philo sophy and a minimum of ninety (90) percent of participants being Lake Forest residents. In the case of overlapping requests from Group II user groups for the use of facilities, priority will be given to the one with the highest percentage of Lake Forest residents participating.
Examples: Lake Forest AYSO soccer, Lake Forest area Little Leagues, Saddleback Pony/Bronco Leagues, Lake Forest NJB basketball, Lake Forest- based girls softball leagues.”
SECTION 10. Section 13.02.032 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.02.032 Fee payments.
The fees applicable to the use of a facility are due and payable prior to the use of that facility. Charges assessed for actual costs are du e and payable upon demand to the user. When fees are due an d payable at the time a permit is issued, refunds are permitted if suffici ent notice is given to City upon cancellation, as outlined in the facility use administrative policies.” SECTION 11. Section 13.02.034 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.02.034 Sales and uses.
Authorized user groups which desire to use facilities for fundraising purposes shall be allowed to do so subject to t he fee requirements adopted by the City Council and the City's administrative policies.”
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SECTION 12. Section 13.03.030 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.03.030 Use of alcoholic beverages in recreational facilities.
Alcoholic beverages may be dispense d and consumed in the Community Center, Senior Center, Performing Ar ts Center, and other recreational facilities and recreational areas within the Community Services Director’s discretion and as approved as part of the facility use application when these facilities are being used for private parties. Alcoholic beverages may also be sold and consumed in these facili ties for commercial uses and organizational fund-raising activities pursuant to an alcoholic beverage permit obtained through the California Department of Alcoholic Beverage Control. The facilities where alco holic beverages may be dispensed pursuant to an alcoholic beverage permit shall be maintained in an administrative policy that implements the provisions of this chapter.” SECTION 13. Section 13.03.040(A) of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.03.040 Alcohol permit and fees.
A. Prior to an event at which alcoholi c beverages will be served, as permitted in this chapter, the applicant shall obtain approval from the City to do so. Questions related to serving or sales of alcohol shall be included in the facility use application as prov ided by the Community Services Department. The applicant shall also pay a fee in addition to any building rental fee to serve or sell alcohol. Such fee shall be determined pursuant to the Master Fee Schedule adopted by re solution of the City Council. The applicant shall also obtain any permit or license required by the California Department of Alcoholic Beverage Control prior to dispensing or consuming alcohol at any recreational facility or recreational area as permitted in this chapter.”
SECTION 14. Section 13.05.040(D) of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.05.040 Entry passes, hours of operation, designated skate area.
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D. The Director shall develop a poli cy to govern suspension or revocation Item: 14
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of entry passes for skaters, skateb oarders, bikers, and other skatepark users who fail to comply with the regulations set forth in Section 13.05.030.” SECTION 15. Section 13.28.040(B)(2) of Ti tle 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.28.040 Civic Center regulations.
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2. Repairing or Cleaning Vehicles. No person shall clean, wash, polish, repair, or in any manner service any vehicle at the Civic Center. For the purposes of this subsection (B)(2), the term “repair” includes replacing old, worn-out parts of the vehicle with new parts, and the term “service” includes the draining of oil, gasoline, transmission fluid, brake fluid, radiator fluid, or other fluid for the purposes of replacing the same with a new supply. This subsection (B)(2) does not apply to City vehicles or City-hired vendors as permi tted by the City Manager or designee, or to the changing of deflated tires or the perfor mance of necessary emergency work on a disabled vehicle for the purposes of immediately moving the disabled vehicle off of Civic Center property, such as to a vehicle repair shop.” SECTION 16. Chapter 13.22 is hereby added to Title 13 of the Lake Forest Municipal Code, to read in its entirety as follows:
“Chapter 13.22 Open Flames on Public Property Prohibited Section 13.22.010 Open flames on public property prohibited.
A. Except as otherwise provided in subsections (B) and (C), no person shall kindle, build, light, or maintain, or authorize to be kindled, built, lit, or maintained, a fire in the public right-o f-way or upon any property owned or operated by the City.
B. Exception; Permit. The City’s Bu ilding Official, upon consultation with the Orange County Fire Au thority, may issue permi ts authorizing fires otherwise prohibited by subsection (A) above. Notwithstanding the foregoing, the Building Official ma y designate the Or ange County Fire Authority as the entity responsible for issuing said permits.
C. Exception; Designated Areas Subject to Site Reservation System.
Open flames for purposes of cooking and warming edible food are permitted at certain designated areas in City parks pursuant to park site reservations and other regulations established by the City Manager or his/her designee.
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D. Any fire authorized by subsection s (B) or (C) shall be subject to, and comply with, all of the following:
1. All conditions of approval imposed on the permit. Said conditions shall include, but are not limited to, a requirement that the permittee comply with all applicable laws, rules, and regulations governing air pollution.
2. The California Fire Code, as adopt ed and amended by City ordinance.
3. The use of flammabl e or combustible liquids (except for approved charcoal lighter fluid) is strictly prohibited.
4. The fire must be att ended by one or more responsible persons 21 years of age or older at all times until extinguished.
5. A portable fire extinguisher or other approved equipment or method of extinguishing the fire shall be available for immediate use.
6. The fire, including all embers an d coals, must be fully extinguished before vacating the area.
D. It is unlawful and a misdemea nor, subject to punishment in accordance with Section 1.01.200 et se q., of this Code, for any person to violate any provision of this chapter. The City Attorney, at the request of the City Council, may institute an action in any court of competent jurisdiction to restrain, enjoin, or abate the condition( s) found to be in violation of the provisions of this chapter, as provided by law. Violations of this chapter may also be enforced through admini strative action. The amount of administrative fines associated with violations of this chapter shall be established by OCTAP and adopted by separate re solution of the City Council.”
SECTION 17. Section 12.04.030 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.04.030 Definitions.
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R. “Electric bicycle” means an electr ic bicycle equipped with both fully operable pedals and an electric motor, as further defined by Vehicle Code section 312.5, as it may be amended from time to time.
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only one person, and has an electric pr opulsion system, as further defined by Vehicle Code section 313.5, as it may be amended from time to time.
T. “Electric personal assistive mob ility device” means a self-balancing, nontandem two-wheeled device that can turn in place, designed to transport only one person, with an electric propul sion system, as further defined by Vehicle Code section 313, as it may be amended from time to time.
U. “Motorized scooter” means an y two-wheeled de vice that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footre sts in place of the floorb oard, and is powered by an electric motor, as further defined by Vehicle Code sect ion 407.5, as it may be amended from time to time.”
SECTION 18. Section 12.24.010 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.24.010 Bicycle operation.
A. Direction of Travel. Persons riding or operating a bicycle or electric bicycle on a bicycle trail or path may proceed in either direction except on those trails or paths designated for one (1) way traffic by appropriate markings or signs defined by the direction of adjacent vehicular traffic.
B. Walking Bicycles. Bicycles and electric bicycles may be walked subject to all provisions of law applicable to pedestrians.
C. Unsafe Operation. In any event, no person shall operate a bicycle or an electric bicycle in any manner that endangers any person or animal or at a speed that is greater than is reas onable and prudent, having due regard for other users and the surface, width, and grade of the road or trail, and in no event in excess of 10 miles per hour, unless a different speed is posted.
The operation of bicycles and electric bicycles on sidewalks is subject to additional requirements and prohibitions set forth in Section 12.24.020 of this Code.
D. Parking. No person shall leave a bicycle or electric bicycle lying on its side on or in a road or trail in such a way as to obstruct pedestrian, equestrian, bicycle, or other vehicular traffic.
E. Helmets. No person under 18 ye ars of age shall ride or operate, whether or not as a passenger, a bicycle or an electric bicycle on any road, bikeway, sidewalk, or trail unless that person is wearing a properly fitted and fastened bicycle helmet. The bicycle helmet must meet the standards set forth in California Vehicle Code Section 21212.”
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SECTION 19. Section 12.24.020 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.24.020 Recreational transportation on sidewalks.
A. Riding on Sidewalks. Bicycl es, electric bicycles , roller skates, roller blades, nonmotorized and motorized scooters, nonmotorized skateboards, electrically motorized boards, and other similar forms of transportation may be ridden on all sidewalks in the City of Lake Forest at a speed not to exceed five (5) miles per hour except upon sidewalks within a business district, upon sidewalks adjacent to any public school building when school is in session, recreation center when in use, chur ch during services, or over any pedestrian overcrossing. At all times, all such modes of transportation shall be operated at a spee d that is reasonable and prudent, having due regard for weather, visibility, pedestrian, eq uestrian, bicycle, and other vehicular traffic, and the surface and width of the sidewalk, and in no event at a speed or in a manner that endangers the safe ty of any person or property. No person shall leave a bicycle, electric bicycle, roller skat e, roller blade, scooter, skateboard, electrically motorized board, electric personal assistive mobility device, or other similar nonmotorized or motorized form of transportation lying on or in a sidewa lk in such a way as to obstruct pedestrian, equestrian, bicycle, or other vehicular traffic.
B. Director to Designate Prohibitions. Notwithstanding subsection (A) of this section, the Director, or his or her designee, may designate and declare certain portions of sidewalks and pub lic property where the riding or operation of bicycles, electric bi cycles, roller skates, roller blades, nonmotorized and motorized scoo ters, nonmotorized skateboards, electrically motorized boards, electric personal assistiv e mobility devices, and other similar nonmotorized and mo torized forms of transportation are prohibited. The Director is authorized to erect and maintain signs adjacent to sidewalks designating limits of bicycle prohibitions.
C. Yielding Right-of-Way. When ever any person is riding a bicycle, electric bicycle, roller skates, rolle r blades, a nonmotorized or motorized scooter, a nonmotorized skateboard, elec trically motorized boards, electric personal assistive mobilit y devices, or other similar nonmotorized or motorized form of transportation, such person shall yield right-of-way to any and all pedestrians. A person riding or operating any such form of transportation shall further yield to all traffic upon entering a roadway or driveway.
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D. No Effect on ADA Power-Driv en Mobility Devices. Notwithstanding anything to the contrary, wheelchai rs and other power-driven mobility devices used as a mobility aid by a person with a disability may be ridden or operated on all sidewalks in the City at the speed of pedestrian traffic and in a manner which is safe for the user and other pedestrians.
SECTION 20. Section 12.24.030 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.24.030 Skateboards, roller skates, etc.
A. No person shall ride a skateboard , scooter, roller skates, or other similar vehicle, other than a bicycle, or cause or pe rmit the same to roll or coast within, the right-of-way of any st reet or highway in the City of Lake Forest.
B. The provisions of subsection (A) shall not apply to cul-de-sacs where the length of the cul-de-sac is five hundred (500) feet or less.
C. Unsafe Operation. In any even t, no person shall ride or operate a skateboard, scooter, roller skates, or other similar vehicle in any manner that endangers any person or animal or at a speed that is greater than is reasonable and prudent, having due regard for other users and the surface, width, and grade of the road or trail, and in no event in excess of 10 miles per hour, unless a different speed is posted. The operation of such modes of transportation on sidewalks is su bject to additional requirements and prohibitions set forth in Section 12.24.020 of this Code.
D. Parking. No person shall leave a skateboard, scooter, roller skates, or other similar vehicle on or in a road or trail in such a way as to obstruct pedestrian, equestrian, equestrian, bicycle, or other vehicular traffic.
E. Helmets. No person under 18 years of age shall operate or ride, whether as a passenger or not, a skateboard, scooter, roller skates, or other similar vehicle on any road, bikeway, sidewalk, or trail unless that person is wearing a properly fitted and fastened bicycle helmet. The bicycle helmet must meet the standards set forth in California Vehicle Code Section 21212.” SECTION 21. Section 13.04.010 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.04.010 Definitions.
The following words shall have the meaning indicated when used in these regulations:
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“Amplified sound” means music, sound wave, vibration, or speech projected or transmitted by electronic equipment, including amplifiers. “Council” means the City Council of the City of Lake Fo rest, or any person authorized by the Council, pursuant to law, to act in its stead. “Director of Community Services” means the Director of Community Services for the City of Lake Forest. In the event that this position is vacant or eliminated by the City, the Director of Community Serv ices shall be the City Manager or his or her designee. In addition to the regulations provided in Chapter 13.04, this section’s definition for “Director of Community Services” shall apply throughout the Lake Forest Municipal Code. “Electric bicycle” means an electric bicycle equipped with both fully operable pedals and an electric motor, as furt her defined by Vehicle Code section 312.5, as it may be amended from time to time.
“Electrically motorized board” me ans any wheeled device that has a floorboard designed to be stood upon when riding, is designed to transport only one person, and has an electric pr opulsion system, as further defined by Vehicle Code section 313.5, as it may be amended from time to time. “Electric personal assist ive mobility device” me ans a self-balancing, nontandem two-wheeled device that can turn in place, designed to transport only one person, with an electric propul sion system, as further defined by Vehicle Code section 313, as it may be amended from time to time. “Knife or dagger” means any knife, dirk or dagger having a blade of three (3) inches or more in length; any ice pi ck or similar sharp stabbing tool; any straight-edge razor or any razor blade fitted to a handle. “Motorized scooter” means any two-wheeled device that has handlebars, has either a floorboard that is design ed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor, as further defined by Vehicle Code section 407.5, as it may be amended from time to time.
“Park” means any community park, neighborhood park, or any other recreational facility maintained by the City.
“Vehicle” means any device by whic h any person or property may be propelled, moved, or drawn.
“Vehicular travel” means travel by a vehicle.
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SECTION 22. Section 13.04.014 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.04.014 Operations of vehicles, bicycles, skateboards and rollerskates/blades.
A. Roads for Public Use. The provis ions of the California Vehicle Code are applicable in the City parks with respect to any way or place of whatever nature which is publicly maintained an d open to the use of the public for purposes of vehicular travel. All viol ations of said Ve hicle Code shall be enforced and prosecuted in accordance with the provisions thereof. No person shall park any vehicle except in designated parking areas, provided that this prohibition shall not apply to vehicles owned by the City while engaged in official business, to vehicles owned by a contractor retained by the City while on performing services on behalf of the City.
B. Nonroadway—Bicycles, Skateboard s and Roller-Skating/Blading. No person shall drive or otherwise op erate a vehicle in a park on any nonroadway (i.e., any surface other than those maintained and open to the public for purposes of vehicular travel) except upon temporary parking areas as may be designated from time to time by the Council, and further excepting vehicles in the service of the City, animal control vehicles, law enforcement vehicles, and motorized wh eelchairs. No person sh all, in any park on a nonroadway, recklessly oper ate a bicycle, electric bicycle, electrically motorized board, nonmotorized or moto rized scooter, electric personal assistive mobility device, skateboard, rollerskates, rollerblades, or other similar vehicle, except that skateb oarding shall be permitted in areas governed by Chapter 13.05, subject to the rules and restrictions set forth therein. For purposes of this subsection, “recklessly” shall mean in willful or wanton disregard for the safety of pe rsons or property. In all cases, pedestrians shall be afforded the right-of-way.
C. Removal of Vehicles. Vehicles parked in areas not designated for parking, including nonroadway areas, may be removed and stored at the owner’s expense by the City Manager or designee.”
D. Sidewalks, Paths, and Walkways in City parks. For all sidewalks, paths, and walkways in City parks, the limits set forth in Section 12.24.020 apply.
SECTION 23. Section 13.05.010 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.05.010 Definitions.
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“Audio equipment” means any radio, compact disc player, tape player, walkman, megaphone, or any other audio de vice utilized to transmit or amplify sound.
“BMX Bicycle” or “BMX bike” means a BMX (bicycle motocross) type bicycle with adequately covered or padded pegs.
“Bike” means to ride, operate, or use a bicycle.
“City” means the City of Lake Forest.
“Director” means the City of Lake Forest Director of Community Services, or another person designated by the City Manager.
“Electric bicycle” means an electric bicycle equipped with both fully operable pedals and an electric motor, as furt her defined by Vehicle Code section 312.5, as it may be amended from time to time. A BMX bicycle or BMX “bike” is not an electric bicycle for purposes of this chapter. “Electrically motorized board” me ans any wheeled device that has a floorboard designed to be stood upon when riding, is designed to transport only one person, and has an electric pr opulsion system, as further defined by Vehicle Code section 313.5, as it may be amended from time to time. “Entry pass” means the permit or license issued by the City to allow skating, skateboarding, and biking at the Park.
“Helmet,” for purposes of this chapter, means a safety helmet that meets the standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet standards), the Snell Memorial Foundation Standard for Protective Headgear for use in bicycling, or the American Society for Testing Materials (ASTM F-1447 standard).
“In-line skates” means in-line skates also known as rollerblades, which are footwear containing four (4) or more axles mounted in a straight line extending generally from or behind the heel of the footwear to or in front of the toe of the footwear with a single wheel attached to each axle. “Park,” for purposes of this chapter, means the Etnies Sk atepark of Lake Forest located on Lake Forest Drive, Lake Forest, California, and it includes the skate area at the Park as well as the buildings, grounds, parking lot(s), spectator area(s) and facility areas encompassed within the entire facility. “Scooter” means manually propelled, two (2) wheeled scooters.
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“Skate” or “skateboard” means to ride, operate or use skates or a skateboard.
“Skate area” means the area of the Park specifically designated pursuant to this chapter for skating, skateboarding and biking.
“Skateboard” means a board of any material, which has wheels attached to it and which is propelled or moved by human, gravitational power, and to which there is not fixed any device or mechanism to turn or control the wheels.
“Skates” means any footwear, or device which may be attached to the footwear, to which wheels are attached and such wheels may be used to aid the wearer in moving or propulsion. “S kates” includes rollerskates, in-line skates, and rollerblades.
SECTION 24. Section 13.05.030 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.05.030 Skatepark regulations.
To ensure the enjoyment, safety and proper use of the Park, all persons using the Park, including all persons skating, skateboarding, or biking at the Park, shall comply with each and every one (1) of the following regulations:
A. Pursuant to the provisions of th is chapter and California Health and Safety Code Section 115800(b), no person shall skate, skateboard, or bike unless that person is wearing a proper ly fitted and fastened helmet, elbow pads designed for skateboa rding, in-line skating a nd/or biking uses with plastic elbow caps, and knee pads designed for skateboarding, in-line skating, and/or biking uses with plastic knee caps.
B. No person shall skate, skateboa rd, or bike unless all the required equipment is in good repair at all times during use.
C. No person shall enter or be upon the skate area at any time other than during the posted hours of operation for the Park. No person shall enter or be upon the skate area at any time that the Park is closed or when City staff or designated representatives have closed the skate area.
D. No person shall skate, skateboard , or bike anywhere at the Park except in the skate area.
E. No person shall ride, operate, or utilize in the skate area any device other than skateboards, skates, an d non-BMX, non-electric bicycles.
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Prohibited devices include, but are not limited to, BMX bikes, electric bicycles, scooters, razors, and all other vehicles.
F. Spectators are not allowed in the skate area. No person shall enter or be upon the skate area unless that person is actively skateboarding, skating, or biking in accordance with these regulations.
G. No person under the age of eight (8) years old shall be permitted to utilize the skate area unless accompanied by an adult.
H. No person shall place any additi onal piece of equipment, obstacle, apparatus, or other material, including, but not limited to, ramps, jumps, or rails, within the skate area, and no pe rson shall use any such additional piece of equipment, obstacle, apparatus, or other material.
I. No person shall skate, skateboard , or bike when the surface of the skate area is wet or other conditions exist which adversely affect the safety of skateboarders, skaters, or bikers.
J. No person shall use or engage in profanity, reckless or boisterous behavior, including, but not limited to , tandem riding, pu shing, horseplay, hazing or bullying, or any other activi ty which could endanger the safety of persons using the skate area or spectator area.
K. No person shall use, consume, or have within his or her custody or control, food or other beve rages, other than water in a plastic container, within the skate area.
L. No person shall use, consume, or have within his or her custody or control, alcohol, tobacco products, or illegal drugs at the Park.
M. No person shall enter or be upon the park or skate area under the influence of alcoholic beverages or illegal drugs or with his or her motor skills or judgment impaired as the result of any alcoholic beverage or drugs.
N. No person shall use or po ssess glass containers, bottles, or other breakable glass products within the Park.
O. No knives, guns, or weapons of any nature shall be permitted in any portion of the Park.
P. No person shall use a portable or personal radio, stereo, compact disc player, tape player, walkman, megap hone, or any other audio equipment utilized to transmit or amplify sound in the skate area. No person shall use headphones in the skate area.
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Q. No person shall engage in graffi ti, tagging, or other defacing of the Park.
R. All persons using the Park area must place trash in receptacles or containers provided by the City.
S. When determined by City staff that a skater, skateboarder, or biker has violated one (1) or more of the regula tions set forth in this section, that person, when so directed by City staff, shall leave the skate area and/or the Park.
T. Except for instructors employed or contracted by the City, no person or group shall provide instruction, coaching, or teaching of skating, skateboarding, or biking in the Park for any fee or compensation. No person shall pay another person at the Park for instruction, coaching, or teaching.
U. The Park may not be used by any camp or other group which has charged tuition or other fees to participants covering the period during which participants are present in the Park with the camp or group.” SECTION 25. Section 13.05.050 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.05.050 Posting of signs.
The Director shall post signs at the en trance to the skate area and at other locations at the Park which the Dire ctor determines are appropriate and adequate. The content of the signs shall be determined by the Director, but the signs shall generally cover the regulations in this chapter and have the following information and statements.
1. To skate, skateboard, or bike at the Park, a permit must first be obtained from the City.
2. The hours the Park is open.
3. Skating, skateboarding, and bi king are only allowed when the Park is open.
4. Helmets, knee pads, and elbow pads are required to be worn at all times in the skate area and while skating, skateboarding, or biking.
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Forest Municipal Code.
6. Skateboarding, skating, and biking are hazardous recreation activities. Skaters, skateboarders, and bikers skate/bike at their own risk of being injured. The City will not be liable for injuries.
7. Only skateboards, skates, non- BMX bicycles, and non-electric bicycles can be used in the skate area.
8. Scooters, razors, electric bicycl es, electrically motorized boards, or motorized vehicles are prohibited in the skate area.
9. No person under the age of eigh t (8) years old shall be permitted to use the skate area unless accompanied by an adult.
10. No skateboarding, skating, or biking on wet surfaces.
11. Spectators are not perm itted in the skate area.
12. No portable or personal radio, stereo, CD player, or similar device, or headphones are permitted in the skate area.
13. No unauthorized pieces of equipment, obstacles or apparatus may be brought into the skate area.
14. Skating, skateboarding, or biking outside of the skate area is prohibited.
15. Graffiti, tagging, and defac ing the Park are prohibited.
16. Possession of glass containe rs at the Park is prohibited.
17. Tobacco, alcohol, and drug us e are prohibited at the Park.
18. Skating, skateboarding, or bi king while under the influence of alcohol or illegal drugs is prohibited.
19. Trash must be deposited in the trash receptacles.
20. Persons violating the regulation s will be removed from the Park and may be prohibited from skating, skateboarding, or biking at the Park in the future.
21. Persons violating the regulation s will be subject to citation and prosecution under the Lake Forest Municipal Code.”
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SECTION 26. The City Council’s actions are made upon review of the Staff Report, all oral and written comments, and the documentary evidence presented on the Ordinance.
SECTION 27. If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent juri sdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sect ions, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 28. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at La ke Forest City Hall, 100 Civic Center Drive, Lake Forest, California 92630. The City Clerk is the custodian of the record of proceedings.
SECTION 29. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereo f to be published wi thin fifteen (15) days of the adoption an d shall post a Certified copy of this Ordinance, including the vote for and against the same, in the O ffice of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this ______ day of _______, 2022.
ROBERT PEQUEÑO
MAYOR
ATTEST:
LISA BERGLUND
CITY CLERK
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APPROVED AS TO FORM:
MATTHEW E. RICHARDSON
CITY ATTORNEY
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COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Cler k of the City of Lake Forest, California, do hereby certify that the foregoing Ordinance No. ____ was duly introduced and placed upon its first reading at a regu lar meeting of the City Co uncil on the _____ day of _______, 2022, and thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the _____ day of ______, 2022, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
LISA BERGLUND
CITY CLERK
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EXHIBIT “A”
REDLINE OF LAKE FOREST MUNICIPAL CODE UPDATES
(continued on next page)
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Section 2.04.041
Section 2.04.041 of Title 2 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 2.04.041 Approved minutes as official record of proceedings.
A. Approval of Minutes. Unless the re ading of the minutes of a City Council meeting is requested by a member of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each member with a copy thereof. Minutes shall be approved by voice or roll call vote.
B. Designated as Official Record. The approved written minutes constitute the official record of City Council proceedings and acti ons and are superior to any other record, recordation, document, tran script, audiotape, vi deotape or other memorial or writing of said proceedings and actions. Any other recordings, tapes and records of Council proceedings which may be deemed duplicate records shall be kept only as required by Government Code Sectio n 34090.7 as it presently exists and as it may from time to time be amended. The City Council authorizes the City Clerk to store and destroy said duplicate records in accordance with said section of the Government Code.
C. Audio Tape Video Recording Retent ion. Whenever a vi deo recording an audio tape of City Council pr oceedings is made by the Ci ty Clerk to assist in the preparation of the minutes, said recording shall no t be destroyed except as otherwise authorized by la w tape should only be kept until the minutes for that meeting are prepared and a pproved by the City Council. Thereafter, any tape so made shall be destroyed in accordance with Government Code Section 34090.7.
D. Audio Tape Accessibility to the Public. During the period that an audio tape of a City Council meeting is in the custody of the City Cl erk, the City Clerk shall, upon request, make the tape available to interested members of the public during normal business hours.
E. Subsections A through C of this section shall apply to the minutes of the meetings of any City board, commission, committee, task force, or agency after the board, commission, committee, task force, or agency and the City Council have approved the same. The City Clerk, and every board, commission, committee, task force, or agency secretary or clerk shall retain any video recording cause any audio tape made of the proceedings to assist in the preparation of the minutes and such recording shall not to be de stroyed except in accordan ce with law Government Code Section 34090.7.
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E. The provisions of this section shall apply to all minutes and recordings and tapes which have been approved by the bo dy conducting the meeting and by the City Council.”
Section 12.16.070
Section 12.16.070 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.16.070 Oversized vehicle parking regulations.
A. Except as provided in subsection B, no vehicle shall be stopped, parked, or left standing upon any public street or highw ay if the vehicle: (1 ) is in excess of twenty-two (22) feet in length; (2) has more than two (2) axles; (3) is a commercial vehicle, as defined by subsection C, greater than seven (7) feet in height; (4) has a weight in excess of ten thousand (10,000) pounds; (5) has a width in excess of ninety (90) inches as measured at the wi dest portion of the body, not including mirrors or other extensions; (6) is a trailer, semi-trailer, or trailer coach as defined in the Vehicle Code or similar vehicles; or (7) is an item of farm machinery or special-purpose machine.
B. The prohibitions contain ed in this section shall no t apply to: (1) vehicles making pickups or deliveries of goods, wares, services, or merchandise to or from any building or structure immediately ad jacent to the prope rty on which such building or structure is situated; (2) any ambulance, paramedic, or public safety vehicle involved in an emergency; (3) any vehicle being repaired under emergency conditions, as defined in subsection (C); (4) any vehicle belonging to Federal, State, or local authorities while conduc ting official business; (5) recreational vehicles, as defined by this Code, exclud ing recreational vehicles that are being used for commercial purposes as defin ed in subsection (C)(1), parked in a residential area as defined in subsection (C), for a ma ximum of seventy-two (72) hours; and (6) vehicles te mporarily parked for the purp ose of, and while actually engaged in, loading or unloading persons or property.
C. For purposes of this section:
1. “Commercial vehicle” shall have the same meaning as de fined in Section 260 of the California Vehicle Code. Pick-up trucks, as defined by California Vehicle Code section 471, sh all not be considered “commerc ial vehicles” unless: (a) goods, wares, or property of a commercial nature lo aded thereon extends above the manufacturer’s box; (b) the standard bed of the vehicle has been replaced with a utility or stake bed ov er eighty (80) inches in width; or (c) the vehicle has been Item: 14
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modified to include a rack extending over the length of the vehicle’s bed and currently has goods or wares of a commercial nature stored thereon.
2. “Residential area” shall have the same meaning as include the following: (a) areas zoned for residential use pursuant to Title 9 of this Code and all adopted planned community texts; and (b) “reside nce district” streets, as defined in California Vehicle Code Section 515.
3. “Emergency conditions” shall mean the need for sudden and unexpected repairs occurring during transport of the vehicle.”
Section 13.02.018
Section 13.02.018 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.02.018 City-sponsored uses.
Any use of recreational fa cilities scheduled for City-spo nsored or co-sponsored uses shall be deemed a use fo r City purposes, and shall be exempt from fees, deposits, and permit requirements listed herein. Such determination shall be made by the City Council. This exemption shall not apply to vendors present at City- sponsored or co-sponsored events occurring at or on City recreational facilities.”
Section 13.02.020
Section 13.02.020 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.02.020 User groups.
User groups are establishe d and defined as follows; th e examples given do not represent a complete list of the types of activities that may fit within each category:
Group I: Recreation activities sponsored or conducted by the City of Lake Forest or the Saddleback Valley Unif ied School District. Exam ples: City conducted or cosponsored citywide community events, leagues, or tournaments.
Group II: Recreation activities sponsored or conducted by the Saddleback Valley Unified School District, and Non-profit youth sports leagues open to the public with Item: 14
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an “everyone plays” philos ophy and a minimum of ninety (90) percent of participants being Lake Forest residents. In case of overlapping requests from Group II user groups for the use of faciliti es, priority will be gi ven to the one with the highest percentage of La ke Forest residents parti cipating. Examples: Lake Forest AYSO soccer, Lake Forest area Little Leagues, Saddleback Pony/Bronco Leagues, Lake Forest NJB basketball, Lake Forest-based girls softball leagues.
Group III: Non-profit youth sports leagues or “travel ball” teams and a minimum of eighty (80) percent of parti cipants being Lake Forest residents. Examples: Youth travel baseball, softball, soccer, football teams.
Group IV: Non-profit youth sports leagues or teams and a minimum of seventy (70) percent of participants being Lake Forest residents. Examples: Youth travel baseball, softball, soccer, football teams.
Group V: Non-profit adult or youth sports groups conducting community oriented sports activities wi th a minimum of sixty (60) perc ent of participants being Lake Forest residents. Examples: Adult soccer, softball, youth club teams, private parties.
Group VI: Non-profit organizations or groups, not open to the public, with less than sixty (60) percent of participants being Lake Forest residents. Examples: Adult or youth club teams, private parties, local churches, local homeowners’ associations.
Group VII: Commercial entities or organizations located in Lake Forest. Example:
Local businesses.
Group VIII: Commercial entities or organi zations not located in Lake Forest.
Examples: Business not located in Lake Forest, film shoots, parties, events).”
Section 13.02.032
Section 13.02.032 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.02.032 Fee payments.
The fees applicable to the use of a facility are due and payable prior to the use of that facility. Charges assessed for actual costs are due and payable upon demand to the user. When fees are due and payable at the time a permit is issued, refunds are permitted if sufficient notice is given to City upon cancellation, as outlined in Item: 14
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the facility use administrati ve policies i.e., seven (7) business days’ notice for nonrecurring groups.”
Section 13.02.034
Section 13.02.034 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.02.034 Sales and uses.
Authorized user groups which desire to use facilities for fundraising purposes shall be allowed to do so subject to the polic ies and fee requirements adopted by the City Council and the City’s administrati ve policies. Proposed uses which are determined by the City to be solely a commercial undertaking, and without educational, recreational, or cultural be nefit to the community, shall be allowed only upon approval of the City Council.”
Section 13.03.030
Section 13.03.030 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.03.030 Use of alcoholic beverages in recreational facilities.
Alcoholic beverages may be dispensed and consumed in the Community Center, Senior Center, Performing Arts Center, and other recreational facilities and recreational areas within the Community Services Director’s discretion and as approved as part of the fa cility use application pursuant to an alcoholic beverage permit when these facilities are being used for private parties such as weddings, anniversaries, theater performances, a nd similar uses. Alcoholic beverages may also be sold and consumed in these facilities for commercial uses and organizational fund-raising activities of nonprofit organizations, church functions, political fundraising dinners, and parties and other similar noncommercial uses pursuant to an alcoholic beverage perm it obtained through the California Department of Alcoholic Beverage Cont rol. The facilities where alcoholic beverages may be dispensed pursuant to an alcoholic beverage permit shall be maintained in an administrative policy th at implements the provisions of this chapter.”
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Section 13.03.040
Section 13.03.040 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.03.040 Alcohol permit and fees.
A. Prior to an event at which alcohol ic beverages will be served used, as permitted in this chapter, the applicant shall obtain approval from the City to do so an alcoholic beverage permit from the Comm unity Services Director or his or her designee. Questions related to serving or sales of alcohol shall be included in the facility use application The application shall be on a fo rm as provided by the Community Services Department. The applicant shall also pay a fee in addition to any building rental fee to serve or sell alcohol apply for an alcoholic beverage permit. Such fee shall be det ermined pursuant to the Master Fee Schedule an alcoholic beverage permit fee schedule adopted by resolution of the City Council.
The applicant shall also ob tain any permit or license required by the California Department of Alcoholic Beverage Control Board prior to dispensing or consuming alcohol at any recreational facility or recreational area as permitted in this chapter.
B. The Community Services Director shal l have the discreti on to approve or deny an application for an alcoholic beverage permi t, based on cause, and shall also have the discretion to impose co nditions of approval upon the alcoholic beverage permit. The Community Services Director may deny an alcoholic beverage permit based on any of the following, without limitation:
1. The applicant is not at leas t twenty-one (21) years of age;
2. The application contains materia lly false or intentionally misleading information;
3. The applicant has previously violated conditions of an alcoholic beverage permit or any administrative rule, policy, or regulation that implements the provisions of this chapter;
4. The applicant cannot meet all of the City’s administrative rules, policies, or regulations that implements the provisions of this chapter or cannot otherwise comply with any applicable Federal, State, or local law; or
5. Approval of the permit would have a substantial adverse impact on the health, safety, or welfare of the general public.
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C. Any decision by the Community Services Director relating to an alcoholic beverage permit may be appealed to the Ci ty Manager within seven (7) days of the Director’s decision by filing with the City Clerk a written appeal setting forth the grounds for the appeal, along with payment of the City’s appeal fee, which shall be established by City Council resolution. Within fourteen (14) days of receiving a complete appeal application and proof of applicant’s payment of the appeal fee, the City Manager shall rend er a written decision on the appeal, which shall be delivered to the applicant within seven (7 ) days of the City Manager’s decision.
The City Manager’s decision shall be final.”
Section 13.05.040
Section 13.05.040 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.05.040 Entry passes, hours of operation, designated skate area.
A. The Director or designated representa tive is hereby authorized to establish hours of operation for the Park and is authorized to and shall establish procedures for the issuance, suspension, and revocation of entry passes to skate, skateboard, or bike at the Park. That process shall include, at a minimum, the following:
1. Persons desiring to skate, skateboard, or bike at the Park obtaining a permit, which allows for such skating, skateboarding, and biking.
2. Persons desiring to skate, skateboard, or bike at the Pa rk paying the fees that have been adopted by the City Council.
3. Persons desiring to skate, skateboa rd or bike at the Park, and where applicable their parents or guardians, being required to complete and sign a liability waiver and release, in the form accept able to the City A ttorney, waiving and releasing the City from any claims that may arise out of injuries suffered while skating, skateboarding or biking at the Park.
4. Skaters, skateboarders and bikers, before receiving the required permit, being required to review and sign a statement that they have read and understand the regulations contained in this chapter and that they will comply with all those regulations.
B. The Director shall desig nate and demarcate the skate area which will be the area of the Park used for skating, skateboarding and biking.
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C. The hours of operation for the Park, including separate designated times for skating, skateboarding and biking, shall be established by the Director.
D. The Director shall develop a policy to govern suspension or revocation of entry passes for skaters, skateboarders, and bikers, and other skatepark users who fail to comply with the regulations set forth in Se ction 13.05.030. The policy may provide for a suspension for a period of up to one (1) year for a violator who has previously been issued a written warning. The policy shall require City staff to provide a written notice expl aining the violation and ca use of the suspension to any person whose entry pass is suspended for more than one (1) week. The policy shall further provide that individuals whose passes are suspended shall have ten (10) days from the date of the revocation and/or ban to request an appeal hearing with the Director. The appeal request sha ll be in writing and submitted to the Director. Within twenty (20) days of receiving the appeal request the Director shall provide the appeal hearing. The Director shall have the right to reinstate the entry pass and remove the ban, uphold the entry pass revocation and ban, or take any other action deemed appropriate. The ho lder of a suspended entry pass may appeal the decision of the Director using the proced ures in Chapter 1.12 of this Code.”
Section 13.28.040
Section 13.28.040 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below, with subs equent, unmodified sections omitted for brevity:
“Section 13.28.040 Civic Center regulations.
A. Duty to Comply. No person shall enter, be or remain at the Civic Center unless he or she complies at all times wi th all of the poste d City regulations applicable to the Civic Center and with all other applicable laws, ordinances, rules and regulations. Any person who violates any posted City regulation applicable to the Civic Center may be subject to administrative, criminal, and/or civil remedies.
B. Operation of Vehicles, Bicycles, Skateboards, and Roller-Skates/Blades.
1. Roads for Public Use. The provisions of the California Vehicle Code are applicable at the Civic Center with respect to any way or place of whatever nature which is publicly ma intained and open to the use of the public for purposes of vehicular travel. All Vehicle Code violatio ns shall be enforced and prosecuted in accordance with the provisions thereof. No person shall park any vehicle except in designated parking areas, provided that this prohibition shall not apply to vehicles Item: 14
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owned by the City while engaged in official City business or to vehicles owned by a contractor retained by the City while performing services on behalf of the City.
2. Repairing or Cleaning Vehicles. No person shall clean, wash, polish, repair, or in any manner service any vehicle at the Civic Center. For the purposes of this subsection (B)(2), the term “repair” includes replacing old worn-out parts of the vehicle with new parts, and the term “service” includes the draining of oil, gasoline, transmission fluid, brake fluid, radiator fluid, or other fluid for the purposes of replacing the same with a new supply. This subsection (B)(2) does not apply to City vehicles or City-hired vendors as permi tted by the City Manager or designee, or to the changing of deflated tires or the perfor mance of necessary emergency work on a disabled vehicle for the purposes of immediately moving the disabled vehicle off of Civic Center property, such as to a vehicle repair shop.
….”
Chapter 13.22
Chapter 13.22 of Title 13 of the Lake Forest Municipal Code is hereby added in its entirety as set forth below:
“Chapter 13.22 Open Flames on Public Property Prohibited
Section 13.22.010 Open flames on public property prohibited.
A. Except as otherwise provided in su bsections (B) and (C ), no person shall kindle, build, light, or maintain, or authorize to be kindled, built, lit, or maintained, a fire in the public right-of-way or upon any property owned or operated by the City.
B. Exception; Permit. The City’s Building Official, upon consultation with the Orange County Fire Authority, may issu e permits authorizing fires otherwise prohibited by subsection (A) above. Notw ithstanding the foregoing, the Building Official may designate the Orange County Fire Authority as the entity responsible for issuing said permits.
C. Exception; Designated Areas Subject to Site Re servation System. Open flames for purposes of cooking and warmin g edible food are permitted at certain designated areas in City parks pursuant to park site reservations and other regulations established by the City Manager or his/her designee.
D. Any fire authorized by su bsections (B) or (C) shall be subject to, and comply with, all of the following:
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1. All conditions of appr oval imposed on the permit. Said conditions shall include, but are not limited to, a require ment that the permittee comply with all applicable laws, rules, and regulations governing air pollution.
2. The California Fire Code, as adop ted and amended by City ordinance.
3. The use of flammable or combustible liquids (except for approved charcoal lighter fluid) is strictly prohibited.
4. The fire must be attended by one or more responsible persons 21 years of age or older at all times until extinguished.
5. A portable fire extinguisher or ot her approved equipment or method of extinguishing the fire shall be available for immediate use.
6. The fire, including all embers and co als, must be fully extinguished before vacating the area.
D. Any violation of this section shall co nstitute a misdemeanor. However, at the discretion of the City Attorney, the violat ion of any provisions of this section may be filed as an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction.”
Section 12.04.030
Section 12.04.030 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.04.030 Definitions.
…
R. “Electric bicycle” means an electric bicycle equipped with both fully operable pedals and an electric motor, as further defined by Vehicle Code section 312.5, as it may be amended from time to time.
S. “Electrically motorized board” means any wheeled device that has a floorboard designed to be sto od upon when riding, is de signed to transport only one person, and has an electr ic propulsion system, as further defined by Vehicle Code section 313.5, as it may be amended from time to time.
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T. “Electric personal as sistive mobility device” means a self-balancing, nontandem two-wheeled device that can turn in place, designed to transport only one person, with an electric propulsion system, as further defined by Vehicle Code section 313, as it may be amended from time to time.
U. “Motorized scooter” means any two- wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor, as further defined by Vehicle Code section 407.5, as it may be amended from time to time.”
Section 12.24.010
Section 12.24.010 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.24.010 Bicycle operation.
A. Direction of Travel. Persons riding or operating a bicycle or electric bicycle on a bicycle trail or path may proceed in either direction except on those trails or paths designated for one (1) way traffic by appropriate markings or signs defined by the direction of adjacent vehicular traffic.
B. Walking Bicycles. Bicycles and electr ic bicycles may be walked subject to all provisions of law applicable to pedestrians.
C. Unsafe Operation. In any event, no person shall operate a bicycle or an electric bicycle in any manner that endangers any person or animal or at a speed that is greater than is reasonable and prudent, having due regard for other users and the surface, width, and grade of the road or trail, and in no event in excess of 10 miles per hour, unless a different speed is posted. The operation of bicycles and electric bicycles on sidewalks is su bject to additional requirements and prohibitions set forth in Section 12.24.020 of this Code.
D. Parking. No person shall leave a bicy cle or electric bicycle lying on its side on or in a road or trail in such a way as to obstruct pedestrian, equestrian, or vehicular traffic.”
Section 12.24.020
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Section 12.24.020 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.24.020 Bicycles Recreational transportation on sidewalks.
A. Riding on Sidewalks. Bicycles, electric bicycles, roller skates, roller blades, nonmotorized and motoriz ed scooters, nonmotorized skateboards, electrically motorized boards, and other similar forms of transporta tion may be ridden on all sidewalks in the City of La ke Forest at a speed not to exceed five (5) miles per hour except upon sidewalks within a business district, upon sidewalks adjacent to any public school building wh en school is in session, re creation center when in use, church during services, or over any pedestrian overcrossing or other sidewalk where prohibited by posted signs. At all times, all such modes of transportation shall be operated at a speed that is reasonable and prudent, having due regard for weather, visibility, pedestrian and vehicular traffic, and the surface and width of the sidewalk, and in no event at a speed or in a manner that endangers the safety of any person or property. No person shall leave a bicycle, electric bicycle, roller skate, roller blade, scooter, skateboard , electrically motorized board, electric personal assistive mobility device, or other similar nonmotorized or motorized form of transportation lying on or in a sidewalk in such a way as to obstruct pedestrian or vehicular traffic.
B. Director to Designate Prohibiti ons. Notwithstanding subs ection (A) of this section, the The Director, or his or her designee, may designate and declare certain portions of sidewalks and public property to be prohibited to where the riding or operation of bicycles, electric bicycles, roller sk ates, roller blades, nonmotorized and motoriz ed scooters, nonmotorized skateboards, electrically motorized boards, electric personal assist ive mobility devices, and other similar nonmotorized and motorized forms of transportation are prohibited use.
C. Director to Post Prohibitions . The Director, or his or her designee, is authorized to erect and maintain signs adjacent to sidewalks designating limits and of bicycle prohibitions authorized by this chapter.
D. Yielding Right-of-Way. Whenever any person is riding a bicycle, electric bicycle, roller skates, roller blades, a nonmotorized or motorized scooter, a nonmotorized skateboard, electrically motorized boards, electric personal assistive mobility devices, or other similar nonmotorized or motorized form of transportation upon a sidewalk, such person shall yield right-of-way to any and all pedestrians. A person riding or operating any such form of transportation a bicycle upon entering a roadway or driveway from a sidewalk shall further yield to all traffic upon entering a roadway or driveway.
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D. No Effect on ADA Power-Driven Mob ility Devices. Notwithstanding anything to the contrary, wheelchairs and other power-driven mo bility devices used as a mobility aid by a person with a disability may be ridden or operated on all sidewalks in the City at the speed of pedestrian traffic and in a manner which is safe for the user and other pedestrians.”
Section 12.24.030
Section 12.24.030 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.24.030 Skateboards, roller skates, etc.
A. No person shall ride a skateboard, scooter, roller skates, or other similar vehicle other than a bicycle, or cause or permit the same to roll or coast within, the right-of-way of any street or highway in the City of Lake Forest.
B. The provisions of subsection (A) sh all not apply to cul-de-sacs where the length of the cul-de-sac is five hundred (500) feet or less.
C. Unsafe Operation. In any even t, no person shall ride or operate a skateboard, scooter, roller skates, or other similar vehicle in any manner that endangers any person or animal or at a speed that is greater than is reasonable and prudent, having due regard for other users and the surface, width, and grade of the road or trail, and in no event in excess of 10 miles per hour, unless a different speed is posted. The oper ation of such mode s of transportation on sidewalks is subject to additional requirements and prohibitions set forth in Section 12.24.020 of this Code.
D. Parking. No person shall leave a sk ateboard, scooter, roller skates, or other similar vehicle on or in a road or trail in such a way as to obstruct pedestrian, equestrian, or vehicular traffic.
E. Helmets. No person und er 18 years of age shall operate or ride, whether as a passenger or not, a skateboard, scooter, roller skates, or other similar vehicle on any road, bikeway, sidewalk, or trail unless that person is wearing a properly fitted and fastened bicycle helmet. The bicycle helmet must meet the standards set forth in California Vehicle Code Section 21212.”
Section 13.04.010
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Section 13.04.010 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.04.010 Definitions.
The following words shall have the meaning indicated when used in these regulations:
“Amplified sound” means music, sound wave , vibration, or speech projected or transmitted by electronic equipment, including amplifiers. “Council” means the City Council of the City of Lake Forest, or any person authorized by the Council, pursuant to law, to act in its stead. “Director of Community Services” means the Director of Community Services for the City of Lake Forest. In the event that this position is vacant or eliminated by the City, the Director of Community Services shall be the City Manager or his or her designee. In addition to the regulations pr ovided in Chapter 13.04, this section’s definition for “Director of Community Se rvices” shall apply throughout the Lake Forest Municipal Code.
“Electric bicycle” means an electric bi cycle equipped with both fully operable pedals and an electric motor, as further defined by Vehicle Code section 312.5, as it may be amended from time to time.
“Electrically motorized board” means any wheeled device that has a floorboard designed to be stood upon when riding, is designed to transport only one person, and has an electric propulsion system, as further defined by Vehicle Code section 313.5, as it may be amended from time to time.
“Electric personal assistive mobility device” means a self-balancing, nontandem two-wheeled device that can turn in place, designed to transport only one person, with an electric propulsion system, as further defined by Vehicle Code section 313, as it may be amended from time to time.
“Knife or dagger” means any knife, dirk or dagger having a blade of three (3) inches or more in length; any ice pick or similar sharp stabbi ng tool; any straight-edge razor or any razor blade fitted to a handle.
“Motorized scooter” means any two-whee led device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor, as further defined by Vehicle Code section 407.5, as it may be amended from time to time. “Park” means any community park, neighborhood park, or any other recreational Item: 14
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facility maintained by the City.
“Vehicle” means any device by which any person or property may be propelled, moved, or drawn, excepting a device moved by human power. “Vehicular travel” means travel by a vehicle.”
Section 13.04.014
Section 13.04.014 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.04.014 Operations of vehicles, bicycles, skateboards and rollerskates/blades.
A. Roads for Public Use. The provisions of the California Vehicle Code are applicable in the City parks with respect to any way or place of whatever nature which is publicly ma intained and open to the use of the public for purposes of vehicular travel. All violations of sa id Vehicle Code shall be enforced and prosecuted in accordance with the prov isions thereof. No person shall park any vehicle except in designated parking areas, provided that this prohibition shall not apply to vehicles owned by the City while engaged in official business, to vehicles owned by a contractor retained by the City while on performing services on behalf of the City.
B. Nonroadway—Bicycles, Skateboards and Roller-Skating/Blading. No person shall drive or otherwi se operate a vehicle in a park on any nonroadway, (i.e., any surface other than those maintained and open to the public for purposes of vehicular travel), except upon tempor ary parking areas as may be designated from time to time by the Co uncil, and further excepting vehicles in the service of the City, animal control vehicles, law enforcement vehicles, and motorized wheelchairs. No person shall, in any park on a nonroadway, recklessly operate a bicycle, electric bicycle, electrically mo torized board, nonmot orized or motorized scooter, electric personal as sistive mobility device, or skateboard, rollerskates, rollerblades, or other similar vehicle or re cklessly rollerskate or rollerblade in any park on a nonroadway, except that skatebo arding shall be permitted in areas governed by Chapter 13.05, subject to the rules and restrictions set forth therein.
For purposes of this subsec tion, “recklessly” shall mean in willful or wanton disregard for the safety of persons or pr operty. In all cases pedestrians shall be afforded the right-of-way.
C. Removal of Vehicles. V ehicles parked in areas not designated for parking, Item: 14
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including nonroadway nonr oad-way areas, may be re moved and stored at the owner’s expense by the City Manager or designee.”
D. Sidewalks, Paths, and Walkways in City parks. For all sidewalks, paths, and walkways in City parks, the limits set forth in Section 12.24.020 apply.
Section 13.05.010
Section 13.05.010 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.05.010 Definitions.
“Audio equipment” means any radio, compact disc player, tape player, walkman, megaphone, or any other audio device utilized to transmit or amplify sound. “BMX Bicycle” or “BMX bike” means a BMX (bicycle motocross motorcross) type bicycle with adequately covered or padded pegs.
“Bike” means to ride, operate, or use a bicycle.
“City” means the City of Lake Forest.
“Director” means the City of Lake Forest Director of Community Services, or another person designated by the City Manager.
“Electric bicycle” means an electric bi cycle equipped with both fully operable pedals and an electric motor, as further defined by Vehicle Code section 312.5, as it may be amended from time to time. A BMX bicycle or BMX “bike” is not an electric bicycle for purposes of this chapter.
“Electrically motorized board” means any wheeled device that has a floorboard designed to be stood upon when riding, is designed to transport only one person, and has an electric propulsion system, as further defined by Vehicle Code section 313.5, as it may be amended from time to time.
“Entry pass” means the permit or license is sued by the City to allow skating, skateboarding, and biking at the Park.
“Helmet,” for purposes of this chapter, means a safety helm et that meets the standards of the American National Standards Instit ute (ANSI Z 90.4 bicycle helmet standards), the Snell Memorial Foundation Standard for Protective Headgear for use in bicycling, or the American Society for Testing Materials (ASTM Item: 14
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F-1447 standard).
“In-line skates” means in-line skates al so known as rollerblades, which are footwear containing four (4) or more axles mounted in a straight line extending generally from or behind the h eel of the footwear to or in front of the toe of the footwear with a single wheel attached to each axle.
“Park,” for purposes of this chapter, means the Etnies Skatepark of Lake Forest located on Lake Forest Drive, Lake Fore st, California, and it includes the skate area at the Park as well as the buildings, grounds, parking lot(s), spectator area(s) and facility areas encompassed within the entire facility. “Scooter” means manually propelled, two (2) wheeled scooters. “Skate” or “skateboard” means to ride, operate or use skates or a skateboard. “Skate area” means the area of the Park specifically designated pursuant to this chapter for skating, skateboarding and biking.
“Skateboard” means a board of any material, which has wheels attached to it and which is propelled or moved by human, gravitational power, and to which there is not fixed any device or mechanism to turn or control the wheels. “Skates” means any footwear, or device which may be attached to the footwear, to which wheels are attached and such wheels may be used to aid the wearer in moving or propulsion. “Skates” includ es rollerskates, in-line skates, and rollerblades.”
Section 13.05.030
Section 13.05.030 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.05.030 Skatepark regulations.
To ensure the enjoyment, safety and proper use of the Park, all persons using the Park, including all persons skating, skate boarding, or biking at the Park, shall comply with each and every one (1) of the following regulations:
A. Pursuant to the provisions of this chapter and California Health and Safety Code Section 115800(b), no person shall ska te, skateboard, or bike unless that person is wearing a properly fitted and fastened helmet, elbow pads designed for skateboarding, in-line skating and/or biking uses with plastic elbow caps, and knee Item: 14
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pads designed for skateboarding, in-line skating, and/or biking uses with plastic knee caps.
B. No person shall skate, skateboard, or bike unless all the required equipment is in good repair at all times during use.
C. No person shall enter or be upon the sk ate area at any time other than during the posted hours of operatio n for the Park. No person sh all enter or be upon the skate area at any time that the Park is closed or wh en City staff or designated representatives have closed the skate area.
D. No person shall skate, skateboard, or bike anywhere at the Park except in the skate area.
E. No person shall ride, op erate, or utilize in the sk ate area any device other than skateboards, skates, and or non-BMX, non-electric bikes bicycles. Prohibited devices, include, but are not limited to, BMX bikes, electric bicycles, scooters, razors, and all other motorized vehicles.
F. Spectators are not allowed in the sk ate area. No person shall enter or be upon the skate area unless that person is actively skateboarding, skating, or biking in accordance with these regulations.
G. No person under the age of eight (8 ) years old shall be permitted to utilize the skate area unless accompanied by an adult.
H. No person shall place any additi onal piece of equipment, obstacle, apparatus, or other material, including, but not limited to, ramp s, jumps, or rails, within the skate area, and no person shall use any such additional piece of equipment, obstacle, apparatus, or other material.
I. No person shall skate, skateboard, or bike when the su rface of the skate area is wet or other conditions exist which adversely affect the safety of skateboarders, skaters, or bikers.
J. No person shall use or engage in prof anity, reckless or boisterous behavior, including, but not limited to, tandem riding, pushing, horseplay, hazing, or bullying, or any other activity whic h could endanger the safety of persons using the skate area or spectator area.
K. No person shall use, consume, or have within his or her custody or control, food or other beverages, other than water in a plastic container, within the skate area.
L. No person shall use, cons ume, or have within his or her custody or control, Item: 14
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alcohol, tobacco products, or illegal drugs at the Park.
M. No person shall enter or be upon the park or skate area under the influence of alcoholic beverages or ille gal drugs or with his or her motor skills or judgment impaired as the result of any alcoholic beverage or drugs.
N. No person shall use or possess glass containers, bottles, or other breakable glass products within the Park.
O. No knives, guns, or we apons of any nature shall be permitted in any portion of the Park.
P. No person shall use a portable or personal radio, stereo, compact disc player, tape player, walkman, megaphone, or any other audio equipment utilized to transmit or amplify sound in the skate area. No person shall use headphones in the skate area.
Q. No person shall engage in graffiti, tagging, or other defacing of the Park.
R. All persons using the Park area must place trash in receptacles or containers provided by the City.
S. When determined by City staff that a skater, skateboarde r, or biker has violated one (1) or more of the regulations set forth in this section, that person, when so directed by City staff, shall leave the skate area and/or the Park.
T. Except for instructors employed or contracted by the City, no person or group shall provide instruction, coaching, or teaching of skating, skateboarding, or biking in the Park for any fee or compensation. No person shall pay another person at the Park for instruction, coaching, or teaching.
U. The Park may not be used by any camp or other group which has charged tuition or other fees to participants covering the perio d during which participants are present in the Park with the camp or group.”
Section 13.05.050
Section 13.05.050 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.05.050 Posting of signs.
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The Director shall post signs at the en trance to the skate area and at other locations at the Park which the Director determines are appropriate and adequate.
The content of the signs shall be determin ed by the Director, but the signs shall generally cover the regulations in this ch apter and have the following information and statements.
1. To skate, skateboard, or bike at t he Park, a permit must first be obtained from the City.
2. The hours the Park is open.
3. Skating, skateboarding, and biking are only allowed when the Park is open.
4. Helmets, knee pads, and elbow pads are required to be worn at all times in the skate area and while skating, skateboarding, or biking.
5. The failure to wear helmets, kn ee pads, and elbow pads will subject violators to citation and prosecution under the Lake Forest Municipal Code.
6. Skateboarding, skating, and biking are hazardous recreation activities.
Skaters, skateboarders, and bikers skate/bike at their own risk of being injured. The City will not be liable for injuries.
7. Only skateboards, skates, non-BMX bi cycles, and non-electric bicycles can be used in the skate area.
8. Scooters, razors, electric bicycles , electrically motorized boards, or motorized vehicles are prohibited in the skate area.
9. No person under the age of eight (8 ) years old shall be permitted to use the skate area unless accompanied by an adult.
10. No skateboarding, skating, or biking on wet surfaces.
11. Spectators are not per mitted in the skate area.
12. No portable or personal radio, stereo , CD player, or similar device, and no headphones are permitted in the skate area.
13. No unauthorized pieces of equi pment, obstacles or apparatus may be brought into the skate area.
14. Skating, skateboarding, or biking ou tside of the skate area is prohibited.
15. Graffiti, tagging, and defac ing the Park are prohibited.
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16. Possession of glass containe rs at the Park is prohibited.
17. Tobacco, alcohol, and drug use are prohibited at the Park.
18. Skating, skateboarding, or biking wh ile under the influence of alcohol or illegal drugs is prohibited.
19. Trash must be deposited in the trash receptacles.
20. Persons violating the re gulations will be removed from the Park and may be prohibited from skating, skateboarding, or biking at the Park in the future.
Persons violating the regulations will be subject to citation and prosecution under the Lake Forest Municipal Code.”
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