Lake Forest City Council
November 15, 2022

November 15, 2022

LAKE FOREST CITY COUNCIL AGENDA Page 1

AGENDA

LAKE FOREST CITY COUNCIL

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

LAKE FOREST CITY COUNCIL AGENDA Page 2

CALL TO ORDER: 5:30 p.m.

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

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

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

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

1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION

SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(D)(2)
NUMBER OF POTENTIAL CASES: 1

RECOMMENDED ACTION: Conduct Closed Session.

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

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

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LAKE FOREST CITY COUNCIL AGENDA Page 3

PUBLIC SESSION: 6:30 p.m.

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

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

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

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

PRESENTATIONS: (Item Nos. 2 – 3)

2. RESOLUTION RECOGNIZING OUTGOING CITY COUNCIL MEMBER

NEEKI MOATAZEDI

RECOMMENDED ACTION: Adopt a Resolution entitled: A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST,

CALIFORNIA, COMMENDING COUNCIL MEMBER NEEKI MOATAZEDI

FOR HER SERVICE TO THE COMMUNITY AS A MEMBER OF THE
LAKE FOREST CITY COUNCIL.

3. COMMENTS BY OUTGOING CITY COUNCIL MEMBER NEEKI

MOATAZEDI

RECOMMENDED ACTION: Receive comments by outgoing District 2 Council Member Neeki Moatazedi.

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

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

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LAKE FOREST CITY COUNCIL AGENDA Page 4

CONSENT CALENDAR (Item Nos. 4 – 13)
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.

4. 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.

5. CONTINUING TO HOLD VIRTUAL MEETINGS PURSUANT TO AB 361

RECOMMENDED ACTION: Make renewed findings that a state of emergency remains in effect and that state and local officials continue to recommend measures that promote social distancing.

6. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 1, 2022

RECOMMENDED ACTION: Approve as submitted.

7. AMENDMENT OF PERSONNEL RULES AND REGULATIONS

RECOMMENDED ACTION: Adopt a Resolution entitled: A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST,

CALIFORNIA, APPROVING THE AMENDMENT OF THE PERSONNEL
RULES AND REGULATIONS.

8. AWARD AN AGREEMENT FOR TRAUMA INTERVENTION SERVICES

RECOMMENDED ACTION: 1. Award a three-year Professional
Consultant Services Agreement with a compensation amount not-to- exceed $30,810 to Trauma Intervention Program of Orange County for support services to victims of traumatic events.

2. Authorize the Mayor to sign, and the City Clerk to attest, the Agreement with Trauma Intervention Program of Orange County, substantially in the form attached.

November 15, 2022

LAKE FOREST CITY COUNCIL AGENDA Page 5

9. ACQUISITION OF A PORTION OF A PARCEL ON THE SOUTHWEST

CORNER OF BAKE PARKWAY AND TRABUCO ROAD/IRVINE

BOULEVARD FROM SOUTHERN CALIFORNIA EDISON FOR THE

PURPOSE OF A ROADWAY EASEMENT AND TEMPORARY

CONSTRUCTION EASEMENT

RECOMMENDED ACTION: 1. Authorize the City Manager to execute the Agreement for Acquisition of Real Property.

2 Direct staff to issue a payment in the amount of $340,000 to Southern California Edison.

3. Authorize the City Manager or her designee to perform any additional acts necessary to complete the above transaction.

10. SECOND AMENDMENT TO THE AGREEMENT WITH AQUABIO
ENVIRONMENTAL TECHNOLOGIES, INC., FOR WILDLIFE

MITIGATION AND POND MAINTENANCE SERVICES AT VETERANS
PARK

RECOMMENDED ACTION: 1. Approve the Second Amendment to the Agreement for Maintenance Services with AquaBio Environmental Technologies, Inc., for Wildlife Mitigation and Pond Maintenance Services at Veterans Park.

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

11. NOTICE OF COMPLETION FOR SLURRY SEAL PROJECT FOR NON- ARTERIAL STREETS, ZONE F (PW 2021-05A)

RECOMMENDED ACTION: 1. Find that American Asphalt South, Inc. has completed construction of Slurry Seal Project for Non-Arterial Streets, Zone F (PW 2021-05A).

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

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

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LAKE FOREST CITY COUNCIL AGENDA Page 6

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

12. CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974

RECOMMENDED ACTION: Adopt a Resolution entitled: RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST,

CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT

OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT
OF 1974

13. SECOND READING AND ADOPTION OF ORDINANCE NO. 358,

REGULATING E-BIKES AND MAKING VARIOUS UPDATES TO THE

LAKE FOREST MUNICIPAL CODE

RECOMMENDED ACTION: 1. Conduct Second Reading of Ordinance No. 358, 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.

2. Adopt Ordinance No. 358.

DISCUSSION/ACTION ITEMS (Item Nos. 14 – 18)
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.

14. APPROVAL OF NONEXCLUSIVE PUBLIC FRANCHISE AGREEMENT

WITH SIFI NETWORKS LAKE FOREST LLC

RECOMMENDED ACTION: 1. Approve a Nonexclusive Public Franchise Agreement with SiFi Networks Lake Forest LLC for deployment of Citywide Fiber Optic to the Premises System.

November 15, 2022

LAKE FOREST CITY COUNCIL AGENDA Page 7

2. Authorize the City Manager, in consultation with the City Attorney, to make any non-substantive changes to the Franchise Agreement deemed necessary.

3. Authorize the City Manager and/or her designee to execute all the necessary documents, in a form approved by the City Attorney.

15. SOLID WASTE AD HOC COMMITTEE UPDATE

RECOMMENDED ACTION: 1. Direct staff to prepare an amendment to Memorandum of Understanding Regarding Solid Waste Procurement Services to extend the MOU to include the procurement and selection process of a new Solid Waste Services Agreement.

2. Direct staff to present the amended Memorandum of Understanding the City Council in January 2023.

16. ADOPTION OF 2022 CALIFORNIA BUILDING STANDARDS CODES

RECOMMENDED ACTION: 1. Introduce for first reading an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST CALIFORNIA, AMENDING CHAPTERS 8.02, 8.04, 8.06,

8.12, 8.14, 8.16, 8.18, 8.20, 8.22, 8.24, AND 8.26 OF TITLE 8 OF THE

CITY OF LAKE FOREST MUNICIPAL CODE AND ADOPTING BY
REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING

STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE
24); THE 2021 EDITION OF THE INTERNATIONAL SWIMMING POOL, SPA, AND HOT TUB CODE; AND THE 2021 EDITION OF THE

INTERNATIONAL PROPERTY MAINTENANCE CODE, TOGETHER
WITH CERTAIN ADDITIONS, AMENDMENTS, AND DELETIONS; and

2. Direct staff to schedule a December 6, 2022, public hearing to adopt the Ordinance identified in Recommended Action 1, including provision of the appropriate public hearing notices.

November 15, 2022

LAKE FOREST CITY COUNCIL AGENDA Page 8

17. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING ARTICLE 1 (PUBLIC NUISANCE) OF CHAPTER 6.14 (NUISANCES, GENERAL) OF TITLE 6 (HEALTH AND SANITATION) AND SECTION 1.01.250 OF THE LAKE FOREST

MUNICIPAL CODE TO PROVIDE FOR SUMMARY NUISANCE
ABATEMENT PROCEDURES, RECOVERY OF EXPENSES; AND

MODIFYING THE PROCESS FOR NOTICE, HEARING, AND APPEALS
REGARDING INVOLUNTARY ABATEMENT OF A NUISANCE; AND

DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA

RECOMMENDED ACTION: Introduce for first reading an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING ARTICLE 1 (PUBLIC
NUISANCE) OF CHAPTER 6.14 (NUISANCES, GENERAL) OF TITLE 6 (HEALTH AND SANITATION) AND SECTION 1.01.250 OF THE LAKE

FOREST MUNICIPAL CODE TO PROVIDE FOR SUMMARY NUISANCE
ABATEMENT PROCEDURES, RECOVERY OF EXPENSES; AND

MODIFYING THE PROCESS FOR NOTICE, HEARING, AND APPEALS
REGARDING INVOLUNTARY ABATEMENT OF A NUISANCE; AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.

18. SECURITY CAMERA REBATE PROGRAM

RECOMMENDED ACTION: Exercise City Council discretion.

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.

November 15, 2022

LAKE FOREST CITY COUNCIL AGENDA Page 9

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

Council Member Moatazedi:

Council Member Tettemer:

Council Member Voigts:

Mayor Pro Tem Cirbo:

Mayor Pequeño:

ADJOURNMENT:

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

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

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

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

Lisa Berglund, MPA
City Clerk

CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2022
DEPARTMENT: City Clerk
SUBJECT:

RESOLUTION RECOGNIZING OUTGOING CITY COUNCIL MEMBER NEEKI

MOATAZEDI
RECOMMENDED ACTION(S):

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

CITY OF LAKE FOREST, CALIFORNIA, COMMENDING COUNCIL MEMBER

NEEKI MOATAZEDI FOR HER SERVICE TO THE COMMUNITY AS A

MEMBER OF THE LAKE FOREST CITY COUNCIL
EXECUTIVE SUMMARY:

Council Member Neeki Moatazedi was elected to the Lake Forest City Council representing City Council District 2 in November 2018. At this time, her service to the City of Lake Forest as a member of the Lake Forest City Council is concluding. The attached resolution recognizes her years of dedicated service, leadership, and accomplishments during her term in office.

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

Resolution
Initiated By: Lisa Berglund, City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 2
10 4
7 8
8 1

ATTACHMENT
Item: 2
11 4
7 8
8 1
RESOLUTION NO. 2022-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA,

COMMENDING COUNCIL MEMBER NEEKI MOATAZEDI FOR HER SERVICE TO THE

COMMUNITY AS A MEMBER OF THE LAKE FOREST CITY COUNCIL
WHEREAS, in November 2018, Neeki Moatazedi was elected to serve on the Lake Forest City Council; and
WHEREAS, during Council Member Moatazedi’s term the City celebrated the grand opening of the Lake Forest Civic Center, the City’s new 100 year home including City Hall, the Senior Center Clubhouse and Community Center; and
WHEREAS, Council Member Moatazedi was an advocate for enhanced public safety measures and under her leadership, the City introduced flock cameras throughout the City. As a result, the public safety service provided to the community is improved; and WHEREAS, Council Member Moatazedi served as the Mayor of Lake Forest in 2020; and WHEREAS, during Council Member Moatazedi’s term as Mayor, she led the City through the challenging COVID-19 pandemic; and
WHEREAS, as Mayor, she was a leader throughout the Silverado and Bond Fires in Lake Forest.

Council Member Moatazedi supported staff and emergency management personnel upon activation of the City’s Emergency Operations Center, providing members of the public access to information throughout the entirety of the fire; and
WHEREAS, during Council Member Moatazedi’s term as Mayor, she initiated the City’s socially distanced movie in the park event for the Community; and WHEREAS, during the summer of 2021, Council Member Moatazedi initiated a summer youth reading program; and
WHEREAS, as Mayor, she supported the continuation of the Kids Factory program, with a 98% cost recovery; and
WHEREAS, during Council Member Moatazedi’s term, she called for the purchase and installation of an improved gate mechanism at Baker Ranch Dog Park in order to improve the quality of life for those Baker Ranch residents; and
WHEREAS, during Council Member Moatazedi’s term, she initiated the placement of signs to be placed in City parks discouraging smoking; and
WHEREAS, during Council Member Moatazedi’s term, she initiated the discussion to amend the Lake Forest Municipal Code concerning oversized vehicle parking regulations in response to community concerns; and
Item: 2
12 4
7 8
8 1
WHEREAS, during Council Member Moatazedi’s term, she endorsed causes such Family Assistance Ministries 35th Annual Hunger Walk and Mental Health Awareness Month; and WHEREAS, Council Member Moatazedi was appointed by her peers to serve as the City of Lake Forest representative to the Orange County Public Library Advisory Board in 2021; and WHEREAS, Council Member Moatazedi was appointed by her peers to serve as the City of Lake Forest representative to the California Joint Powers Insurance Authority in 2022; and WHEREAS, Council Member Moatazedi was appointed by her peers to serve as the City of Lake Forest representative to the South Orange County Watershed Management Area in 2022; and WHEREAS, Council Member Moatazedi and her colleagues on the City Council have continued to make fiscally conservative decisions, contributing to the City of Lake Forest becoming part of a small and rare group of cities in the State of California that can claim the debt-free status and in turn, making Lake Forest the envy of many other cities in our County and State.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lake Forest, California, hereby commends and congratulates Neeki Moatazedi for her four years of service on the City Council, and for her dedication to improving the quality of life in the City of Lake Forest.

PASSED, APPROVED and ADOPTED this 15th day of November 2022.

ROBERT PEQUEÑO
MAYOR
ATTEST:

LISA BERGLUND

CITY CLERK
APPROVED AS TO FORM:

MATTHEW E. RICHARDSON

CITY ATTORNEY
Item: 2
13 CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2022
DEPARTMENT: City Clerk
SUBJECT:

COMMENTS BY OUTGOING CITY COUNCIL MEMBER NEEKI MOATAZEDI RECOMMENDED ACTION(S):

Receive comments by outgoing District 2 Council Member Neeki Moatazedi.

EXECUTIVE SUMMARY:

In recognition of her service to the residents of Lake Forest as a member of the City Council, City Councilmember Neeki Moatazedi is provided with a brief comment period upon conclusion of her term in office.

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 3
14 CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2022
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: 4
15 55136.00000\34536956.1

CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2022
DEPARTMENT: City Attorney
SUBJECT:

CONTINUING TO HOLD VIRTUAL MEETINGS PURSUANT TO AB 361
RECOMMENDED ACTION(S):

Make renewed findings that a state of emergency remains in effect and that state and local officials continue to recommend measures that promote social distancing.

EXECUTIVE SUMMARY:

The Governor has issued a series of executive orders in connection with the COVID-19 pandemic, which included a waiver of all physical-presence requirements under the Brown Act. The most recent of these orders was set to expire on September 30, 2021. Assembly Bill (“AB”) 361, which took effect as an urgency measure on September 16, leaves this determination to local agencies, subject to certain findings they must make then renew periodically to allow virtual or telephonic meetings during the pendency of the COVID-19 pandemic.

Staff recommends the City Council make renewed findings that a state of emergency remains in effect at the state level, and that local officials continue to recommend measures that promote social distancing.

BACKGROUND:

The Governor’s Executive Order N-29-20 suspended some of the Brown Act’s in- person attendance requirements, but has since expired. AB 361 extends the waiver of in-person attendance requirements, under some additional rules.

On November 2, 2021, in order to continue to have the opportunity to host virtual, hybrid, or remote meetings in a similar manner as previously permitted under the Governor’s order, the City Council made findings that a state of emergency remains in effect and that state or local officials recommend social distancing measures.

Item: 5
16 55136.00000\34536956.1
1 3
5 5
AB 361 requires that these earlier findings be renewed by the City Council every thirty (30) days in order to continue to make use of virtual or telephonic meetings and relaxed in-person attendance requirements for Council meetings.

DISCUSSION:

AB 361 permits many of the meeting adaptations allowed under the earlier Executive Order (which acted as a temporary waiver of the Brown Act’s in-person attendance requirements), while also adding new requirements to the management of remote and teleconference public meetings.

In order to continue to qualify for AB 361’s waiver of in-person meeting requirements, the Council would need to make findings within 30 days of its November 2, 2021 regular meeting that that a state of emergency remains in effect and that state or local officials recommend social distancing measures.

These findings must be renewed every 30 days for remote meetings to continue.

As the Council meets on the first and third Tuesday of every month, the Council need only renew these findings at every other regular session.

Therefore, staff recommends the City Council find and determine that a state of emergency remains in effect and that state or local officials recommend social distancing measures.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Submitted By: City Attorney
Approved By: City Manager
Item: 5
17 LAKE FOREST CITY COUNCIL MINUTES NOVEMBER 1, 2022 Page No. 1
5 1
3 5
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, November 1, 2022, at the Lake Forest City Council Chamber, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:30 p.m.

ROLL CALL: Councilmembers:

Mayor Pro Tem
Mayor:

City Manager:

City Attorney:

City Clerk:

Mark Tettemer
Scott Voigts
Neeki Moatazedi (teleconference)
Doug Cirbo
Robert Pequeño
Debra Rose
Matthew Richardson
Lisa Berglund
CLOSED SESSION: (Item No. 1-2)
RECESS: City Council recessed to Closed Session for the purpose of conducting regular City business.

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
ACTION: Closed session was conducted.

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(4) NUMBER OF POTENTIAL CASES: 3 ACTION: Closed session was conducted.

RECONVENE: City Council reconvened to continue regular City business.

PUBLIC SESSION:

INVOCATION: The Invocation was provided by Pastor Jason Williams, Saddleback Church.

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

CLOSED SESSION REPORT: City Attorney Richardson reported that the City Council provided direction to staff to take action against a business operating in Lake Forest.

Item: 6
18 LAKE FOREST CITY COUNCIL MINUTES NOVEMBER 1, 2022 Page No. 2
5 1
3 5
0 REPORT FROM STUDENT LIAISON: A report from Sam Quiamboa, Student Liaison from El Toro High School was received and filed.

PRESENTATIONS:

It was moved by Council Member Voigts and seconded by Council Member Tettemer to approve presentation Item Nos. 3-4. The motion was carried by a vote of 5/0. The motion passed 5/0 with Council Member Moatazedi voting by voice vote.

3. CERTIFICATE OF CONGRATULATIONS TO RETIRING ORANGE COUNTY FIRE

AUTHORITY DIVISION CHIEF MIKE CONTRERAS
ACTION: The presentation was received, and a certificate was presented.

4. LAKE FOREST CHAMBER OF COMMERCE SEMI-ANNUAL UPDATE
ACTION: The presentation was received and filed.

PUBLIC COMMENTS:

Randy Johnson inquired about the City Attorney’s closed session report on business’ operating illegally in the city. He encouraged the City to hold a Town Hall meeting where residents may ask questions to public officials.

April Josephson announced that she has resigned as the 5th district representative on the Orange County Animal Care Community Outreach Committee to focus specifically on Lake Forest pets and animal care.

CONSENT CALENDAR: (Item Nos. 5 – 11)
STATEMENTS READ INTO THE RECORD:

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

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

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

Item: 6
19 LAKE FOREST CITY COUNCIL MINUTES NOVEMBER 1, 2022 Page No. 3
5 1
3 5
0 Mayor Pro Tem Cirbo: There is a warrant on the register to All City Management Services.

My wife is an employee of the ACMS and I have determined that I have a remote interest in these warrant and will abstain from voting on the warrants.

MOTION: It was moved by Council Member Voigts and seconded by Council Member Tettemer to approve Consent Calendar Item Nos. 5-11. The motion was carried by a vote of 5/0 with Council Member Moatazedi abstaining from the Southern California Gas warrant listed in Item No. 6 and Mayor Pro Tem Cirbo abstaining from the ACMS warrant listed in Item No. 6. The motion passed 5/0 with Council Member Moatazedi voting by voice vote.

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

6. CERTIFICATION OF WARRANT REGISTER
ACTION: The warrant register was approved in the amount of $3,923,469.65 as presented.

7. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON OCTOBER 18, 2022
Randy Johnson requested the October 18, 2022, City Council minutes reflect Council’s direction that a brief description of comments made by the public be included in future meeting minutes.

ACTION: The minutes were approved as submitted.

8. MONTHLY TREASURER'S REPORT - SEPTEMBER 2022
ACTION: The Treasurer’s report was received and filed.

9. FOURTH AMENDMENT TO THE AGREEMENT WITH CARLSON STRATEGIC LAND SOLUTIONS, INC. FOR ENVIRONMENTAL PERMIT IMPLEMENTATION

SERVICES
ACTION: The Fourth Amendment to the Professional Consultant Services Agreement with Carlson Strategic Land Solutions, Inc. was approved and the Mayor was authorized to sign, and the City Clerk was authorized to attest, the Fourth Amendment substantially in the form attached.

10. AWARD CONSTRUCTION CONTRACT FOR THE PORTOLA PARK LIGHTING PROJECT (PW 2017-16A)
ACTION: Contract documents were approved for construction of Portola Park Lighting project. Energy Management Pros request to withdraw its bid due to clerical errors was approved. A resolution entitled: A RESOLUTION OF THE Item: 6
20 LAKE FOREST CITY COUNCIL MINUTES NOVEMBER 1, 2022 Page No. 4
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0 CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2021- 2028 CAPITAL IMPROVEMENT PLAN, AMENDING
APPROPRIATIONS FOR FISCAL YEAR 2022-23 was approved. A Construction Contract was approved in the amount of $354,760.00 to Delta Electric, LLC. All other bids received were rejected and the return of the bid bonds were authorized upon receipt of the executed contract documents from Delta Electric, LLC. The Mayor was authorized to sign and the City Clerk was authorized to attest the Contract with Delta Electric, LLC.

11. AWARD AGREEMENT FOR BIENNIAL RESIDENT AND BUSINESS

SATISFACTION SURVEY SERVICES
ACTION: A Professional Services Agreement was awarded to True North Research Inc. in the amount of $142,650 for survey services for the 2023, 2025, and 2027 Resident and Business Satisfaction Surveys. The Mayor was authorized to sign, and the City Clerk was authorized to attest, the award of agreement, substantially in the form attached.

DISCUSSION: (Item Nos. 12 - 14)

12. RESOLUTION TO ESTABLISH TEMPORARY ON-STREET PARKING ON

PORTOLA PARKWAY BETWEEN PALOMA AND END OF ROADWAY
City Manager Rose informed the City Council that staff would like to withdraw this item in order to study the long-term policy implications of the item. The Mayor and City Council collectively agreed. No motion was made, and no action was taken on this item.

13. AFFORDABLE SENIOR HOUSING COVENANT AND PROMISSORY NOTE SECURED BY DEED OF TRUST WITH MEADOWS SENIORS LP.

City Manager Rose introduced this item then invited Senior Management Analyst Adrian Grijalva to provide a presentation to the City Council. The presentation was received by the Mayor and Council. City Council questions were asked and answered by staff.

MOTION: It was moved by Mayor Pequeno and seconded by Council Member Tettemer to authorize the City Manager to sign the Affordable Senior Housing Covenant and Promissory Note Secured by Deed of Trust. The motion passed 5/0 with Council Member Moatazedi voting by voice vote.

14. CONSIDERATION OF ORDINANCE REGULATING E-BIKES AND MAKING

VARIOUS UPDATES TO THE LAKE FOREST MUNICIPAL CODE
Speaker Louise Robertson inquired about the Saddleback Valley Unified School District category change from user group one to group two.

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21 LAKE FOREST CITY COUNCIL MINUTES NOVEMBER 1, 2022 Page No. 5
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0 City Manager Rose introduced this item then invited Assistant to the City Manager Sean McGovern to give a presentation. The presentation was received by the Mayor and Council. City Council questions were asked and answered by staff.

It was moved by Council Member Tettemer and seconded by Council Member Voigts to 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. The
motion passed 5/0 with Council Member Moatazedi voting by voice vote.

CITY MANAGERS REPORT: City Manager Rose had nothing further to report.

CITY COUNCIL COMMENTS:

Council Member Moatazedi: Council Member Moatazedi congratulated Chief Mike Contreras on his retirement from OCFA.

Council Member Tettemer: Council Member Tettemer attended the holiday Spooktacular and handed out candy to the trick or
treaters. He also attended the Chamber of Commerce
mixer held on October 20, 2022 at the Community
Center.

Council Member Voigts: Council Member Voigts attended the holiday Spooktacular and handed out candy to the trick or
treaters. He reported that this was one of the best
events in Lake Forest. He also visited Heritage Hill
over the last two weekends for Fall-O-Ween.

Lastly, Council Member Voigts requested a matter for
consensus. Council Member Voigts requested the City
Council consider rejoining the ACC-OC organization.

Consensus was given by Council Member Moatazedi.

Mayor Pro Tem Cirbo: Mayor Pro Tem Cirbo will be attending the Veterans Ceremony at El Toro Memorial Park on November 11,
2022, at 11:00 a.m.

Mayor Pequeño: Mayor Pequeno will be the keynote speaker Veterans Ceremony at El Toro Memorial Park. He attended the
holiday Spooktacular and handed out candy to the
trick or treaters. He also attended the Chamber of
Item: 6
22 LAKE FOREST CITY COUNCIL MINUTES NOVEMBER 1, 2022 Page No. 6
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Community Center.

Mayor Pequeño thanked staff for all of their hard work.

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

Respectfully submitted: APPROVED:

LISA BERGLUND, MPA ROBERT PEQUEÑO

CITY CLERK MAYOR
Item: 6
23 CITY COUNCIL AGENDA REPORT
MEETING DATE 11/15/2022
DEPARTMENT: Management Services
SUBJECT:

AMENDMENT OF PERSONNEL RULES AND REGULATIONS
RECOMMENDED ACTION(S):

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

CITY OF LAKE FOREST, CALIFORNIA, APPROVING THE AMENDMENT OF THE PERSONNEL RULES AND REGULATIONS.

EXECUTIVE SUMMARY:

The Personnel Rules and Regulations (“Personnel Rules”) is a guiding policy for the administration of staff. The Personnel Rules govern employee conduct in performing the City’s important business. The Personnel Rules were last updated via City Council approval on September 1, 2015. As with other policies, the Personnel Rules need to be updated periodically to address changes in law, best practices, and the City’s operations. After a thorough review of the Personnel Rules, staff proposes amendments to seven of the chapters and Exhibit A. Exhibit A updates the health insurance premiums provided to full-time employees for 2023 calendar year at an estimated additional cost of $16,858.

If approved, the updated Personnel Rules and Regulations will be effective as of November 15, 2022, and Exhibit A will be in effect January 1, 2023. Staff will continue monitoring any legal developments in this area of public employee personnel management and present future amendments to the Personnel Rules as needed.
_________________________
BACKGROUND:

The City of Lake Forest Municipal Code (“Municipal Code”) Sections 2.60.030 and 2.60.050 authorize the adoption of personnel policies and procedures by the City Manager and that they be reviewed by the City Council (Attachment 1). The Municipal Code establishes that the City Manager, or the City Manager’s designee, shall administer the City personnel system.

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8 Originally written upon the incorporation of the City and last updated in 2015, the City’s Personnel Rules have been amended over the years to accommodate changes in law, certain benefit provisions, and the need to modernize policies and procedures. The Personnel Rules consist of the following nine (9) chapters and one (1) exhibit:

Chapter 1 Introduction
Chapter 2 Recruitment, Selection, Appointment, and Probation Chapter 3 Discipline
Chapter 4 Complaint and Grievance Procedure
Chapter 5 Separation from Service
Chapter 6 Compensation and Hours
Chapter 7 Employee Benefits
Chapter 8 Leave
Chapter 9 Miscellaneous (includes policies such as Non-Discrimination, Substance Abuse, etc.)
Exhibit A Benefits Matrix
_________________________
DISCUSSION:

Staff is proposing a series of revisions to the Personnel Rules to reflect changes in state law, updated practices, and recommendations from the City Attorney’s Office. The proposed revisions would clarify and streamline language within the Personnel Rules. All proposed changes are summarized in Table 1 below.

Minor changes to correct typographical errors are not included in Table 1. Staff has also attached an underline/strike-out version of the Personnel Rules highlighting these changes (Attachment 2).

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8 Table 1: Summary of Proposed Changes to Rules and Regulations and Exhibit A Chapter 1 - Introduction
Section Change

1.2 General Provisions
Paragraph 2

1.6 Maintenance of Personnel Records
Paragraph 3
Add language to update protected classes
due to federal, state, and local laws.

Add language to update the period of time
that a personnel record must be kept after
termination.

Chapter 2 - Recruitment, Selection, Appointment and Probation Section Change

2.2 Applicants and Applications
Paragraph 1

2.3 Pre-Employment Physical Examinations
Paragraph 1

2.3 Pre- Employment Physical
Examinations
Paragraph 2

2.7 Probationary Period
Paragraph 3

2.8 Background Investigation
Remove language of posting job
announcements on City Hall bulletin
board.

Add language to clarify the requirement of
physical examinations.

Add language to clarify “safety sensitive.”

Add to language to clarify that days
missed to extend probation are “working”
days.

Add language to clarify the types of
background investigations and clarification
of criminal convictions.

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8 Chapter 3 - Discipline
Section Change

3.4 Imposition of Discipline
Paragraph 1
Add clarification to the suspension
and appeal rights.

Chapter 6 - Compensation and Hours
Section Change

6.7 Payroll Deductions

6.9 Pay for Serving in a Higher Job
Classification
Add language to clarify employee payroll
deductions.

Add language to clarify the definition of
“consecutive.”
Chapter 7 - Employee Benefits
Section Change

7.4 Cell Phone Allowance

7.9 Long-Term Disability

7.10 Short-Term Disability
Add language that the cell phone
allowance is defined in the Benefits
Matrix.

Delete language of specific waiting
period and add language to refer to
contract for waiting period information.

Delete language of specific waiting
period and add language to refer to
contract for waiting period information.

Chapter 8 - Leave
Section Change

8.2 Management Leave

8.4 Sick Leave – Paragraph 1

8.4 Sick Leave – Paragraph 1

8.4 Sick Leave – Paragraph 1

8.4 Sick Leave – Paragraph 3
Add language to update date of payout.

Add language to part-time employees’
sick leave usage.

Update definition of family member in
accordance with state law.

Add language to update permitted uses
of sick leave.

Add language policy to remain current
with federal and state laws.

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8 Chapter 8 - Leave Continued
Section Change

8.6 Bereavement Leave

8.7 Military Leave

8.8 Leave of Absence Without Pay

8.9 Family School Partnership

8.11 Administrative of Leave
Add language to add five days of unpaid
leave due to state law.

Add language to update Military Leave
provisions.

Add language to update leave of
absence to be consistent with other City
rules.

Add language to update School Activity
Leave.

Add language to update leave of absence
to be consistent with other City rules.

Chapter 9 - Miscellaneous
Section Change

9.1 Non-Discrimination Policy

9.3 Political Activities of Public
Employees

9.7 Additional Policies Incorporated
Herein

9.7 Additional Policies Incorporated
Herein

9.8 Definition of Terms
Add language to update the protected
reasons to the Non-Discrimination policy.

Add language to clarify political activities
of public employees.

Remove language of “Herein” and update
language to include location of policies.

Add language to include Military
Leave Policy.

Update language to Temporary Employee
definition, term will not exceed 960 hours
per year.

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8 Exhibit A
Section Change
N/A
Update benefits matrix to incorporate
increased monthly allotment offered to full-
time employees for medical insurance in
2023.

Section 7.1 of the Personnel Rules states, “the City shall pay for medical, dental, and vision according to the benefits matrix contained in Exhibit A of these Personnel Rules.” The City contracts with the California Public Employees Retirement System (“CalPERS”) for twelve health insurance plans offered to employees, two of which are Preferred Provider Organization (PPO) and ten of which are Health Maintenance Organizations (HMO). As such, eligible employees may enroll in any of the twelve plans offered by CalPERS, and the City covers the cost of the plan up to a fixed dollar amount (i.e., “health contribution”) or 95% of the plan cost, whichever is less. In 2023, the CalPERS health insurance plans in which City employees are enrolled are increasing an average of 9.44%. As a result, the proposed matrix reflects a 4.5% increase to the health contribution (Attachment 2, Exhibit A) resulting in an estimated additional cost of $16,858 for the 2023 calendar year.

Given the dynamic nature of public employee laws and regulations, staff will continue to monitor those subject areas and others that may affect the City’s Personnel Rules and return to the City Council on an as-needed basis. Changes to Exhibit A will return to the City Council independent from the Personnel Rules for any updates to the benefits matrix. Staff recommends that the City Council adopt the attached Resolution (Attachment 3), which revises the Personnel Rules. _________________________________________________________________ FISCAL IMPACT:

The recommended action will result in an estimated cost of $16,858 for the calendar year 2023 due to the increase in the City’s shared cost of the health insurance premiums provided to full time employees. The 2021-2023 Operating Budget includes sufficient funds to cover the costs of the recommended action. _________________________________________________________________ Item: 7
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8 ATTACHMENTS:

1. Lake Forest Municipal Code Excerpts

2. Proposed Personnel Rules and Regulations – Redline Version

3. Resolution Amending Personnel Rules and Regulations
Initiated By: Shelly Cisneros, Human Resources Manager
Submitted By: Brett Channing, Deputy City Manager
Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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2.60.030 - Administration.

The City Manager shall administer the City personnel system and may delegate any of the powers and duties of such administration to any officer or employee of the City or may recommend that such powers and duties be performed under contract as provided in Section 2.60.130 of this chapter. The City Manager shall:

A. Act as the appointing authority for the City in accordance with Section 2.08.060(C) of this Code; B. Administer all the provisions of this chapter and of the personnel policies and procedures not specifically reserved to the Council;
C. Prepare or cause to be prepared personnel policies and procedures and revisions. The City Attorney shall approve the legality of such policies and procedures and revisions prior to their submission and to their implementation;
D. Recommend to the City Council personnel policy issues involving financial commitments such as, but not limited to, pay rates and employee benefit programs; E. Prepare or cause to be prepared, a position classification plan, including class specifications and revisions of the plan;
F. Prepare or cause to be prepared, a plan of compensation and revisions thereof, covering all classification titles for authorized City positions. The plan and any revisions thereof shall become effective upon approval of the Council;
G. Have the authority to discipline employees in accordance with this chapter and the personnel policies of the City;
H. Provide for the recruitment and selection of City employees based upon open or promotional recruitments and perform any other duty that may be required to administer the personnel system.

I. The City Manager or designated Personnel Director shall have the authority to request from the State Department of Justice a copy of the State Summary Criminal History Information for any position — regular, part-time, or volunteer — involving the care or supervision of children, minors, the elderly, the handicapped, or the mentally impaired, or for any other position with the City wherein such information is deemed important to the selection process. The City Manager or designated Personnel Director shall utilize the process and procedure set forth in Chapter 2.62 of this Code. (Ord. 165 § 1 (Exh. B (part)), 2007)
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2.60.050 - Personnel policies—Adoption and amendment.

Personnel policies shall be prepared and may be amended from time to time by the City Manager, subject to review by the City Council. Any policy matters involving the commitment of financial resources shall be recommended and must be approved by the City Council prior to implementation. The policies shall govern the personnel system, including but not limited to:

A. Preparation, installation, revision and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class;
B. Preparation, revision and administration of a plan of compensation directly correlated with the position classification plan providing a rate or range of pay for each class; C. Open and promotional recruitments to fill regular positions; D. The making of temporary and emergency appointments;
E. Establishment of probationary testing periods;
F. Transfer, promotion, demotion and reinstatement of employees; G. Evaluation of the job performance of employees;
H. Separation of employees from the City service;
I. Content, maintenance and use of personnel records and forms; and, J. The establishment of any necessary appeal procedures. (Ord. 165 § 1 (Exh. B (part)), 2007)
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2 PERSONNEL RULES AND REGULATIONS
CHAPTER 1

INTRODUCTION

1.1 PERSONNEL SYSTEM
In order to establish an equitable and uniform procedure for dealing with personnel matters, to attract to municipal service the best and most competent persons available, to assure that appointments and promotions of employees will be based on merit and fitness, and to provide a reasonable degree of security for qualified employees, the following personnel system is hereby adopted.

1.2 GENERAL PROVISIONS
Paragraph 1: Adoption, Amendment, and Revision. Municipal Code Sections 2.60.030 and 2.60.050 authorize the adoption and revision of “personnel policies and procedures” by the City Manager, subject to review by the City Council except those policy matters which require commitment of financial resources which will be recommended to and approved by the City Council. These Personnel Rules shall be adopted and amended from time to time as “personnel policies and procedures” in accordance with the Municipal Code. The City Manager shall determine which if any policies or revisions will be recommended to and adopted by the City Council.

Paragraph 2: Fair Employment. No employee shall be promoted, demoted, terminated, or in any way favored or discriminated against, because of political opinions or affiliations, genetic characteristics or information, race, color, national origin, ancestry, religion, creed, sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions), physical or mental disability, medical condition, marital status, military and or veteran status, sexual orientation, age (40 and over), or any basis protected by applicable federal, state, or local law; or because of the exercise of his or her rights under the Meyers-Milias-Brown Act.

Paragraph 3: Violation of Rules. Violation of the provisions of these Personnel Rules shall be grounds for rejection or discipline, up to and including dismissal.

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2 1.3 COMPETITIVE SERVICE
The provisions of these Personnel Rules shall apply to all officers and employees in the competitive service of the City. The following officers and employees shall be excluded from the competitive service:

A. Members of the City Council.

B. Members of the appointive boards, commissions, and committees.

C. Persons engaged under contract to supply expert, professional, or technical services for a definite period of time.

D. Volunteer personnel, who receive no regular compensation from the City.

E. City Attorney and City Manager.

F. Department Directors, City Clerk, City Treasurer, and other management positions so designated in writing by the City Manager, except where expressly provided.

G. Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as an extraordinary fire, flood, or earthquake that threatens life or property.

H. Any position primarily funded under a State or Federal employment program.

I. Part-time, seasonal, provisional, or temporary employees. Also excluded are employees who are not full-time regular employees.

J. Any new position hereafter created by the City Council, unless declared by the City Council to be in the competitive service at the time of creation or thereafter.

Employees excluded from the competitive service under this Section shall serve at the will of their appointing authority.

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2 1.4 APPLICABILITY OF RULES TO CERTAIN POSITIONS EXCLUDED FROM

COMPETITIVE SERVICE
Paragraph 1: City Manager, Department Directors, City Clerk, City Treasurer, Probationary Employees, and Designated Positions.

The following provisions of these Personnel Rules do not apply to the City Manager, Department Directors, City Clerk, City Treasurer, probationary employees, and designated positions, unless otherwise specified:

Chapter 2: Sections: 2.1, 2.2 Paragraph 1, 2.4, 2.5, 2.6, 2.7, 2.9 Paragraphs 2 and 3
Chapter 3: All
Chapter 5: Section: 5.2
Chapter 6: Sections: 6.1, 6.3
Paragraph 2: Part-Time, Seasonal, Provisional, and Temporary Employees.

The following provisions of these Personnel Rules do not apply to part-time, seasonal, provisional, or temporary employees, unless otherwise specified:

Chapter 2: Sections: 2.1, 2.2 Paragraph 1, 2.4, 2.5, 2.6, 2.7, 2.9 Chapter 3: All
Chapter 5: Section: 5.2
Chapter 6: Sections: 6.1, 6.2, 6.4, 6.9
Chapter 7: Sections: 7.1, 7.2, 7.3, 7.4, 7.9, 7.10, 7.11, 7.12 Chapter 8: Sections: 8.1, 8.2, 8.3, 8.6, 8.8, 8.10

1.5 PERSONNEL OFFICER
The City Manager or the City Manager’s designee shall be the Personnel Officer except in those instances provided for in the Lake Forest Municipal Code. The City Manager may delegate any of the powers and duties conferred on the Personnel Officer under the Personnel Ordinance and these Personnel Rules to any other officer or employee of the City or may recommend that such powers and duties be performed under contract as provided in Section 9.4, “Right to Contract for Special Services.” The Personnel Officer shall:
•Administer all the provisions of the Personnel Ordinance and of the Personnel Rules not specifically reserved to the City Council.

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2 •Prepare and recommend to the City Manager, Personnel Rules and revisions and amendments to such Personnel Rules subject to City Council review, or approval when deemed required.
•Prepare or cause to be prepared a Position Classification Plan, including class specifications and revisions of the Plan. The Plan, and any revisions to it, shall become effective upon approval by the City Council.
•Provide for the publishing or posting of notices of vacant positions within the competitive service, the receiving of applications therefore, the conducting and grading of any necessary tests, and the certification to the appointing authority of a list of all persons eligible for appointment to the appropriate position in the competitive service.

1.6 PERSONNEL REPORTS AND FILES
Paragraph 1: Personnel File. The Personnel Officer shall maintain a service or personnel file for each employee in the service of the City showing the name, title, or position held; the department to which assigned; salary; change in employment status; and such other information as may be considered pertinent.

Paragraph 2: Change of Status Report. Every appointment, transfer, promotion, demotion, change of salary rate, and any other temporary or permanent change in status of employees shall be reported to the Personnel Officer in such manner as he/she may prescribe.

Paragraph 3: Maintenance of Personnel Records. The City will maintain a copy of each employee’s personnel record for a period of not less than sixthree years after termination.

Paragraph 4: Inspection of Personnel Records. Current and former employees have a right to inspect their personnel files. When requested, the City will make the contents of the personnel files available to current or former employees, or their representatives, at reasonable intervals and at reasonable times, but no later than 30 calendar days from the date which the employer receives the written request and will provide a copy upon request.

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2 CHAPTER 2

RECRUITMENT, SELECTION, APPOINTMENT, AND PROBATION

2.1 GENERAL PROVISIONS REGARDING APPOINTMENTS
A. Appointments to vacant positions in the competitive service shall be made in accordance with the Personnel Rules. Appointments and promotions shall be based on merit and fitness to be ascertained by selection techniques that will test fairly the qualifications of candidates. Examinations, such as written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, or any combination of these or other tests, may be used and conducted to aid in the selection of qualified employees. In any examination, the Personnel Officer may include, in addition to competitive tests, a qualifying test or tests and set minimum standards thereof.

B. Appointments shall be made by the City Council when required by the Lake Forest Municipal Code for City Council appointments; otherwise, they shall be made by the City Manager.

2.2 APPLICATIONS AND APPLICANTS
Paragraph 1: Announcement. When vacancies occur in the competitive service, all such vacancies shall be publicized by posting announcements in City Hall, on official bulletin boards, and by by such other methods as the Personnel Officer deems appropriate.

Paragraph 2: Application Forms. Applications shall be made as prescribed on the announcement of the vacancy. Application forms shall require information covering training, experience, and other pertinent information, and may include references, background checks, and fingerprinting.

Paragraph 3: Disqualification. The Personnel Officer may reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Applications may be rejected if the applicant is deemed unable or unfit to perform the duties of the position, has made any false statement of any material fact, or practiced any deception or fraud in his or her application.

Paragraph 4: Proof of Right to Work. Under Federal law, all newly hired employees must produce original documentation establishing their Item: 7
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2 identity and right to work in the United States, and complete INS Form I-9, swearing that they have a right to work in the United States. The City will require new employees to complete the I-9 and provide documentation on the first day of work. Required documentation must be presented to the Personnel Officer, who will be responsible for processing the documents.

Failure to comply with this paragraph will result in termination.

2.3 PRE-EMPLOYMENT PHYSICAL EXAMINATIONS
Paragraph 1: Physical examination. All applicants, who are offered a position with the City of Lake Forest, shall may be required to undergo a pre- employment physical examination at the City’s expense if, in the discretion of the Personnel Officer, determines such an examination is believed necessary for the position (job related and consistent with business necessity) to determine whether an applicant is able to perform the essential functions of the job, with or without accommodations. All applicants entering the same job classification will be subject to the same examination.

Paragraph 2: Drug Testing. As part of the City’s pre-employment screening process, any applicants who are deemed “safety sensitive” as determined by the Personel Officer, who are offered employment with the City of Lake Forest, will may be required to pass a test for controlled substances, under procedures described in the City of Lake Forest’s Substance Abuse Policy.

2.4 EXAMINATIONS
Paragraph 1: Nature and Types of Examinations. The selection of techniques used in the examination process shall be impartial and relate to those subjects which, in the opinion of Department Directors, and approved by the Personnel Officer, fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations shall consist of selection techniques that will test fairly the qualifications of candidates. When an oral board or panel is used, the majority of the board or panel shall be composed of persons, who are not City personnel, with similar experience or expertise in the field as the position being filled.

Paragraph 2: Promotional Examinations. Promotional examinations may be conducted whenever, in the opinion of the Department Directors and Personnel Officer, they are required. Only regular, probationary, and part- time employees who meet the requirements set forth in the promotional examination announcements may compete in promotional examinations.

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2 Paragraph 3: Conduct of Examinations. The City may contract, with any competent agency or individual, for the preparation and/or administration of examinations. In the absence of such a contract, the Personnel Officer will see that such duties are performed. The Personnel Officer shall arrange for the use of the necessary equipment and facilities to conduct the examinations.

2.5 EMPLOYMENT LISTS
Paragraph 1: Employment Lists. As soon as possible after the completion of the selection process, the Personnel Officer shall prepare and maintain an employment list consisting of the names of candidates who qualified.

Paragraph 2: Duration of Lists. Employment lists shall remain in effect for one year unless sooner exhausted or abolished by the Personnel Officer upon the recommendation of the appointing authority. An employment list may be extended for six months upon approval of the Personnel Officer.

Paragraph 3: Lay Off and Reemployment Lists. The names of regular and probationary employees laid off, or demoted in lieu of lay off, shall be placed on reemployment lists for two years for those classes requiring the same qualifications, duties, and responsibilities of the class from which lay off or demotion in lieu of lay off was made, unless such persons are sooner reemployed.

A. Persons whose names are placed on reemployment lists in accordance with this Paragraph, and who are reemployed within the prescribed period, shall be regarded as having been on unpaid leave of absence during this period of absence.

B. When a reemployment list is to be used to fill vacancies, the Personnel Officer shall certify all of the names on the list for consideration by the appointing authority.

Paragraph 4: Removal of Names From List. The name of any person appearing on an open-employment, reemployment, or promotional- employment list shall be removed by the Personnel Officer if the eligible person requests in writing that his/her name be removed, if he/she fails to respond to a notice of certification mailed to his/her last known address, or for any of the reasons specified in these Personnel Rules. The person affected shall be notified of the removal of his/her name by a notice mailed to his or her last known address. The names of persons on promotional- Item: 7
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2 employment lists who resign or are terminated from the service shall automatically be dropped from such lists.

Paragraph 5: Employment Lists Confidential. Employment lists are confidential and the relative position of an eligible person on a list or his/her score shall not be made available except to the person or to the head of the department or division where he/she is considered for appointment.

2.6 METHOD OF FILLING VACANCIES
Paragraph 1: Types of Appointments. All vacancies in the competitive service shall be filled by transfer, demotion, reinstatement, or from eligible persons certified by the Personnel Officer from an appropriate employment list. In the absence of persons eligible for appointment in these ways, provisional appointments may be made in accordance with the Personnel Ordinance and these Personnel Rules.

Paragraph 2: Notice to Personnel Officer. If a vacancy in the competitive service is to be filled, the appointing authority shall notify the Personnel Officer in the manner prescribed.

Paragraph 3: Transfer or Demotion. If the appointing authority determines to fill the vacancy by transfer or demotion, the Personnel Officer shall post notice of such vacancy in areas accessible to all personnel and utilize all reasonable means to assure that employees are informed. Interested employees will be expected to apply to the Personnel Officer in the manner prescribed in the notice. The Personnel Officer shall certify the eligibility of those screened for availability with the Department Director of whom they are assigned and the appointing authority – if different.

Paragraph 4: Certification of Eligible Persons. If the appointing authority determines to fill the vacancy from an employment list, certification shall be made from an appropriate promotional-employment list or an open- employment list.

A. When the appointing authority requests a vacancy be filled by appointment from a promotional-employment list or from an open-employment list, the Personnel Officer should certify (from the specified list of names) all individuals willing to accept appointment.

Paragraph 5: Appointment. After interviewing and investigating, the appointing authority shall make an appointment from among those certified and shall immediately notify the Personnel Officer of the person appointed.

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2 The Personnel Officer shall notify the appointee of the selection and the date for processing. The person accepting appointment shall present himself/herself to the Personnel Officer, or the designated City representative, for processing on or before the date of appointment. If the applicant does not present himself/herself within such period of time, he/she shall be deemed to have declined the appointment.

Paragraph 6: Provisional Appointment For Vacancies in Competitive Service.

A. In the absence of individuals willing to accept appointment from appropriate employment lists, a provisional appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position. The term of a provisional appointment shall not exceed six (6) months.

B. When a position in the competitive service is temporarily vacant due to a leave of absence of the employee appointed to that position, the appointing authority may provisionally appoint an individual to temporarily serve in that position while the permanently appointed individual is on leave. The term of such provisional appointments shall be at-will and may exceed six (6) months.

C. A provisional employee may be removed at any time without the right of appeal or hearing. No special credit shall be allowed in meeting any qualifications or in the giving of any test or the establishment of any open- employment or promotional-employment lists for service rendered under a provisional appointment.

2.7 PROBATIONARY PERIOD
Paragraph 1: Term of Probationary Period. All original appointments shall be tentative and subject to a probationary period of one (1) year unless the employee is notified of a longer period. Promotional appointments shall be subject to a probationary period of six (6) months unless the employee is notified of a longer period. Probationary periods may be extended if an employee is absent from work for more than one month total during their probationary period.

Paragraph 2: Purpose of Probationary Period. The primary purpose of the probationary period is to provide an effective environmental orientation for the employee, educating him/her in prevailing management attitudes, policies, and procedures, and training him/her in the tasks associated with the Item: 7
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2 assignment. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to this position, and for determining if he/she is capable of meeting the requirements of the assignment.

Paragraph 3: Extend Probationary Period.

A. The Department Director may determine to extend the probationary period if more on-the-job training is warranted, or if further observation of the employee is desired based on unique circumstances to allow a full and fair evaluation of the probationary employee during the probationary period. The Department Director, upon approval of the City Manager, may extend a probationary period a maximum of six (6) months, but extensions may not be used to uniformly change the length of the probationary period.

B. The use of anyA leave of absence, including, but not limited to a workers’ compensation leave, in excess of fifteen (15) working days will cause the employee’s probationary period to automatically be extended by the length of the leave of absence. An employee who is suspended will have his or her probation automatically extended by the length of the suspension unless the suspension results in the employee’s termination.

Paragraph 4: Rejection of Probationer. During the probationary period, an employee may be rejected at any time by the appointing authority without cause and without the right of appeal. Additionally, no probationary employee has property or vested rights to his or her position with the City and will not be entitled to an appeal or a hearing. Written notification of rejection shall be given by the appointing authority to the employee and a copy filed with the Personnel Officer. Notice shall be given to the employee personally or by mail at the employee’s last known address. This paragraph will apply only to original appointments and not to promotional appointments.

Paragraph 5: Rejection Following Promotion. Any employee rejected during the probationary period following a promotional appointment is entitled to be reinstated to the position from which the employee was promoted if it is vacant. If the employee’s former position has been deleted or abolished, or is not vacant, the employee may be placed in a vacant position in the same classification from which the employee was promoted. If there are no such vacant positions, the employee shall be terminated from City service. An employee will also not be reinstated to the position or class Item: 7
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Paragraph 6: Regular Appointment Following Probationary Period. If the service of the probationary employee has been satisfactory to the Department Director, then the Department Director is entitled to file with the appointing authority or Personnel Officer a written evaluation to such effect and stating that the retention of such an employee in the competitive service is desired after completing probation. The probationary employee shall become a regular employee at the end of the probationary period unless the probationer is rejected, during the probationary period in accordance with Section 2.7, Paragraph 4 above.

2.8 BACKGROUND INVESTIGATION
Following an offer of employment, an applicant may will be subject to a background photographed and fingerprintedcheckinvestigation, which may include fingerprinting fromfor a criminal records search, checking references and employment history, a DMV check and a credit check for applicable positions. An applicant and must successfully undergo any further investigation deemed necessary by the Personnel Officer as a prerequisite for employment. A criminal conviction will not be an automatic bar to employment, and the City will undertake an individualized assessment.

2.9 TRANSFER, PROMOTION, AND REINSTATEMENT
Paragraph 1: Transfer. No employee shall be transferred into a position for which the employee does not possess the minimum qualifications. Upon notice to the Personnel Officer, an employee may be transferred by the appointing authority, at any time, from one position to another position in the same or comparable class. For transfer purposes, a comparable class is one with the same maximum salary, involves the performance of similar duties, and requires the same basic qualifications.

If the transfer involves a change from one department to another, both Department Directors must consent thereto, unless the City Manager orders the transfer. Transfer shall not be used to effectuate a promotion, demotion, or reduction, each of which may be accomplished only as provided in the Personnel Ordinance and these Personnel Rules. The employee may appeal denial of transfer by the releasing department to the City Manager. The City Manager will review such actions to ensure that consideration is given to the employee’s rights and operational requirements of the City administration.

The decision of the City Manager shall be final.

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2 Paragraph 2: Promotion. The appointing authority may choose to fill vacancies in the competitive service by promotion.

Paragraph 3: Reinstatement. The appointing authority may reinstate, a former employee, within two (2) years of the effective date of resignation, who resigned with a good record to a vacant position in the same or comparable class formerly held. Upon reinstatement, the employee shall be subject to the probationary period prescribed for the class. Credit for the former employment may be granted in computing salary, vacation, sick leave, or other benefits by the appointing authority.

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2 CHAPTER 3

DISCIPLINE

3.1 STANDARD FOR DISCIPLINE
Disciplinary measures may be taken for reasonable cause. The extent of the disciplinary action taken shall be commensurate with the offense, provided that the prior employment history of the employee may also be considered pertinent. Reasonable cause may include violation of the Personnel Ordinance, these Personnel Rules; any written City policy or City procedure; any department rule or regulation; any act of insubordination or act detrimental to the public service of the City; failure to adhere to or follow policies and rules; refusal or inability to comply with the duties of the position occupied by the employee; or any other type of misfeasance, malfeasance, or nonfeasance relating to the employee’s duties, office, or position.

3.2 RANGE OF DISCIPLINARY ACTION
The types of disciplinary actions are verbal reprimands, written reprimands, suspensions without pay, involuntary demotion, reduction in pay, and termination. For each type of disciplinary action, certain steps and due process procedures must be followed. Before taking any action, a supervisor or Department Director who is considering a disciplinary action should discuss the circumstances of the situation with the Personnel Officer unless the particular situation requires immediate action. A supervisor or Department Director, after considering the specific circumstances of each violation, may determine which disciplinary action(s) is(are) appropriate.

3.3 PROGRESSIVE DISCIPLINE
Disciplinary action may, but is not required to be taken in progressive steps as follows:

Paragraph 1: Verbal Reprimands. The supervisor should hold a meeting with the employee. The purpose of the meeting is to explain the employee’s conduct or acts which are in violation of City rules, policies, or practices, or are not meeting the expectations of the position; to remind the employee of the behavior that is expected in the future and the consequences of not meeting the performance expectations. The supervisor shall document the meeting by preparing a memorandum of the matters discussed. This memorandum to file shall be retained by the supervisor.

Paragraph 2: Written Reprimands. The supervisor should prepare a written reprimand. The written reprimand shall constitute notice of the infraction(s) including date, time, and circumstances, as well as a reminder Item: 7
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A. Employees who have received written reprimands are entitled to the following due process:
(1) A meeting with the supervisor to receive the written reprimand and to be informed of its contents.
(2) The employee has five (5) business days from receipt of the written reprimand in which to write a response and/or to request and to informally meet with the person issuing the reprimand to discuss its contents. The employee must submit any written response to the Department Director, to be forwarded to the issuer of the written reprimand for consideration. The issuer of the written reprimand will then consider the response and either withdraw the written reprimand or submit it to the Personnel Officer, to be placed in the employee’s personnel file. The employee’s written response, if any, will also be placed in the employee’s personnel file.

Paragraph 3: Suspension Without Pay. An employee may be suspended without pay for up to thirty (30) days. Employees who are exempt from overtime pay under the Fair Labor Standards Act (“FLSA”) shall only be suspended without pay for less than one full week for violations of written workplace conduct rules (not performance or attendance issues). Exempt employees may be suspended without pay for one week or in increments of full weeks for any cause. When placing an employee on suspension for forty (40) hours or less, the supervisor shall prepare a memorandum describing the disciplinary action, the supervisor’s expectations, the employee’s failure to meet the expectations, and a warning that the failure to comply with the reasonable expectations of the supervisor in the future may be grounds for disciplinary action up to and including termination. Employees who are placed on suspension for forty (40) hours or less are entitled to the same due process rights as listed above in Paragraph 2 Section A. The suspension, if any, shall not be served until the procedures described above have been completed.

When placing a competitive service employee on suspension without pay for more than forty (40) hours, the Department Director shall follow all of the Item: 7
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Paragraph 4: Involuntary Demotion. The Department Director may demote an employee whose ability to perform his or her required duties falls below standards or for other disciplinary purposes. No employee shall be demoted to a position for which he or she does not possess the minimum qualifications. An employee may be demoted to a classification having a lower salary range. When demoting a competitive service employee, the supervisor shall follow all of the steps listed under Section 3.4, Paragraph 2, subsections (A) - (E) and Section 3.11.

Paragraph 5: Reduction in Pay. An employee may be reduced in salary rate of pay. When reducing the salary of a competitive service employee for disciplinary reasons, the Personnel Officer shall follow all of the steps listed under Section 3.4, Paragraph 2, subsections (A) - (E) and Section 3.11.

Paragraph 6: Termination. When it is necessary to terminate a competitive service employee, the Department Director shall follow all of the steps listed under Section 3.4, Paragraph 2, subsections (A) - (E) and Section

3.11. 3.4 IMPOSITION OF DISCIPLINE
Paragraph 1: Imposition by Supervisor/Department Director.

A. Any discipline described in Section 3.3, Paragraphs 1 - 3, (provided suspension without pay is for forty (40) hours or less) may be imposed by the supervisor with the concurrence of the Department Director.

B. Appeal Rights. Any discipline described in Section 3.3, Paragraph 3 (provided the suspension without pay is for less than forty (40) hours or less) shall have the right to appeal the action to the Personnel Officer in writing. The employee shall initiate an appeal by the filing of a written appeal with the Personnel Officer within ten (10) business days of the imposition of discipline. The written appeal shall set forth the reasons and basis for the employee’s disagreement with the discipline. (1) The Personnel Officer shall prepare and deliver to the affected parties a written decision on the appeal. The decision of the Personnel Officer shall be the final administrative decision of the City.

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2 Paragraph 2: Imposition by Department Director/Personnel Officer/City Manager or Designee.

A. Any discipline described in Section 3.3, Paragraph 3 (provided the suspension without pay is for more than forty (40) hours) or Paragraphs 4, 5, and 6 may only be imposed by the Department Director with the prior written concurrence of the Personnel Officer, the City Manager or designee.

B. Notice of Intent to Discipline Required: A notice of intent to discipline shall be given to the employee whenever the City intends to impose any discipline described in Section 3.3, Paragraph 3 (provided the suspension without pay is for more than forty (40) hours) or Paragraphs 4, 5, and 6.

C. Content of Notice of Intent to Discipline: The notice of intent to discipline shall inform the employee of the disciplinary action intended and the effective date of the intended action. Further, it shall set forth the nature of the infraction(s), any previous disciplinary actions taken, how the employee’s conduct has had an adverse impact on the City’s or department’s operation, all materials upon which the action is based, and notification that the employee has the right to respond, orally or in writing to the proposed discipline.
(1) Whether delivery is made in person or by mail, the notice of intent to discipline shall contain a “statement of delivery or mailing” indicating the date on which the notice of intent was personally delivered or deposited in the United States mail. Such date of delivery or mailing shall be the “date of issuance” of the notice of intent.

D. Written Response to Notice: The employee shall be entitled to respond in writing to the notice of intent to discipline. Such response, if any, must be received by the Personnel Officer, or a designee, within five (5) business days from the date of issuance of the notice of intent to discipline if personally served and ten (10) business days if served by mail.

E. Oral Response to Notice: An employee who receives a notice of intent to discipline may request to respond to the notice of intent. The request for such a response shall be delivered to the Personnel Officer, or a designee, within five (5) business days of the issuance of the notice of intent to discipline if personally served and ten (10) business days if served by mail.

Upon the receipt of a request for an oral response, the Personnel Officer, or a designee, shall schedule a meeting to take place with the employee and supervisor to receive the oral response. An employee who has requested an Item: 7
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2 oral response in accordance with this subsection may at their own election and cost retain representation for the presentation of the oral response conducted under this subsection.

F. Personnel Officer Determination: Following the review of the oral or written response, the Personnel Officer, or a designee — with the Personnel Officer’s approval — shall issue and deliver to the employee a written statement of its decision to uphold, modify, or reject the proposed disciplinary action. Such action to be taken may not include discipline more severe than that described in the notice of intent; however, the City may reduce such discipline without the issuance of an additional notice of intent.

3.5 PLACEMENT IN PERSONNEL FILE
Official disciplinary action documents shall be placed in the employee’s personnel file.

Official disciplinary documents include disciplinary documents and any evidence supporting the discipline provided to employees in accordance with this Chapter, except that documentation of a verbal reprimand will be retained by the supervisor and not placed in the personnel file.

3.6 EMPLOYEE ACKNOWLEDGMENT
Whenever a disciplinary action is taken, the employee may be asked to sign the document to acknowledge that it was received. Signing to acknowledge receipt by an employee does not indicate that the employee agrees with the facts stated in the document or agrees to the discipline. If an employee refuses to sign the document, the supervisor or Personnel Officer delivering the document will note the employee’s refusal to sign the document and that the employee has received the document.

3.7 ADMINISTRATIVE LEAVE
Paragraph 1: Investigatory Leave. An employee may be placed on an Investigatory leave with pay to allow the employee’s supervisor to review the facts of an alleged violation. Pursuant to Government Code Section 53243, et seq. which became effective of January 1, 2012, if an employee is convicted of a crime involving an abuse of his/her office or position, and the employee has been provided with administrative leave pay pending an investigation, the employee shall be required to fully reimburse such amounts paid. For this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including a crime described in Title 7 commencing with Section 92 of the Penal Code.

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2 Paragraph 2: Leave Pending Disciplinary Action. An employee may be placed on Administrative leave with pay pending an employee’s response to the notice of intent and a determination by the Personnel Officer, or a designee, of the disciplinary action.

3.8 EMERGENCY SUSPENSION
An employee may be removed from the workplace immediately without pay pending an investigation because of an employee’s apparent gross misconduct which has resulted in a potential emergency situation, including, but not limited to, situations which may endanger life or property. Such removal shall not exceed twenty-four (24) hours, at which time the employee shall be given a notice of intent to impose discipline, or returned to full-pay status. If no discipline is imposed, the employee will be repaid for any time off without pay.

3.9 TIME EXTENSIONS
Any time limitations or requirements, as set forth under Chapter 3 may be extended or changed by mutual written agreement of all parties.

3.10 DELIVERY OF NOTICE
When notice is required, the notice shall be given to the affected employee either by delivery of the notice of intent to the employee in person; or by placing the notice of intent in the United States mail, first class, postage paid, and by certified mail, return receipt requested, in an envelope addressed to the employee’s last known home address.

It shall be the responsibility of the employee to inform the Personnel Officer in writing, of his or her current home address and of any change in such address, and the information so provided shall constitute the employee’s “last known home address.” Such personal delivery or mailing shall be presumed to provide actual notice to the affected employee.

3.11 RIGHT OF APPEAL
A. Employees shall have the right to appeal any disciplinary action described in Section 3.3, Paragraph 3 (provided the suspension without pay is for more than forty (40) hours), Paragraph 4, Paragraph 5, and Paragraph 6 to the City Manager or designee. This right is limited where the right to appeal is specifically prohibited by Chapter 2.60 of the Lake Forest Municipal Code, these Personnel Rules, or elsewhere. The right to appeal provided in accordance with these Personnel Rules is exhausted with an appeal to the City Manager level.

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2 B. All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures as set forth in these Personnel Rules.

3.12 RULES ON APPEAL TO THE CITY MANAGER
Paragraph 1: Right of Appeal. Any employee in the competitive service shall have the right to appeal to the City Manager, within seven (7) business days of any discipline as described in Section 3.3, Paragraph 3 (provided the suspension without pay is for more than forty (40) hours), Paragraph 4, Paragraph 5, and Paragraph 6, except in instances where the right of appeal is specifically prohibited by these Personnel Rules.

Paragraph 2: Method of Appeal. Appeals shall be in writing, signed by the employee (appellant), and filed with the Personnel Officer who shall, within three (3) business days after receipt of the appeal, inform the City Manager, or the appointing authority, and such other persons or officers named or affected by the appeal, of the filing of the appeal. The appeal shall be addressed to the City Manager, explaining the matter appealed from and setting forth therein, a statement of the action desired by the appellant with his/her reasons, therefore. The formality of a legal document is not required.

Paragraph 3: Notice. Upon the filing of an appeal, the City Manager may reject it if the appeal is untimely, ambiguous, incomplete, or appeals an issue that is not subject to appeal under these Personnel Rules. The City Manager may also direct the Personnel Officer, or designee, to set a date for a hearing on the appeal, before the City Manager or designee, not more than fifteen (15) days from the date of filing.

Paragraph 4: Investigation. The City Manager or designee may request information relevant to the matter as he/she may deem necessary, and such information shall be made a part of the record of the proceedings.

Paragraph 5: Hearing. The appellant or his/her representative may appear personally before the City Manager or designee at the time and place of the hearing. The parties may produce relevant oral or documentary evidence at the hearing. The City’s case shall be stated first, and at the conclusion, opposition material may then be presented by the appellant.

Rebuttal matter which is not repetitive may be allowed at the discretion of the City Manager or designee. The conduct and decorum of the hearing shall be under the control of the City Manager or designee, with due regard to the rights and privileges of the parties appearing before him or her. Hearings need not be conducted according to technical rules relating to evidence and Item: 7
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2 witnesses. The hearing shall be closed to the public unless the appellant, in writing, requests an open hearing.

Paragraph 6: Subpoenas. A subpoena may be issued when it is deemed necessary to secure the presence of a witness or evidence at a hearing before the City Manager or designee. The party requesting a subpoena must submit the request to subpoena (either evidence or a witness) to the Personnel Officer. The Personnel Officer shall determine if the request for subpoena is appropriate. If the request is appropriate, the Personnel Officer shall cause the subpoena to be prepared and submit it for approval to the Mayor and City Clerk.

Paragraph 7: Findings and Decision. The City Manager or designee shall, within ten (10) business days after the conclusion of the hearing, certify his or her findings and decision in writing, which shall be the final administrative decision of the City.

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2 CHAPTER 4

COMPLAINT AND GRIEVANCE PROCEDURE

4.1 PURPOSE OF COMPLAINT AND GRIEVANCE PROCEDURE
It is the City’s purpose to provide an effective and acceptable system whereby employees can seek resolution of complaints or grievances, at the lowest possible level, on matters affecting their jobs. Department Directors and other managers excluded from the competitive service are not eligible to file grievances against the City. All levels of administration and supervision are expected to inform and encourage employees to discuss matters affecting their employment.

4.2 DEFINITIONS
A. Complaint: An allegation or charge by an employee that a wrong has been committed.

B. Complaint Procedure: The process by which a determination is made as to whether or not a wrong has been committed.

C. Grievance: An expressed claim by a regular employee that the City has violated, misinterpreted, or misapplied an obligation to the employee during their employment as such obligation is expressed and written in the City Personnel Ordinance, these Personnel Rules, or other written City policies.

Disciplinary actions, the content of performance evaluations, rejection from probation, and denial of merit increases are not subject to the complaint or grievance procedure.

D. Grievance Procedure: The process by which the validity of a grievance is determined.

E. Representative: A person who, at the request of the employee or management, is invited to participate in grievance conferences.

4.3 COMPLAINT PROCEDURE
A. Step 1: The employee should present and review any complaint with the immediate supervisor. At least one conference shall be held between the employee and the immediate supervisor within two (2) business days after the employee has expressed the complaint. The immediate supervisor is required to review every complaint and attempt to settle it as quickly and fairly as possible.

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2 B. Step 2: If the action taken by the immediate supervisor is not satisfactory, the employee may take the complaint to successive levels of supervision up to and including the Personnel Officer. The decision of the Personnel Officer is the final administrative decision.

4.4 GRIEVANCE PROCEDURE
Paragraph 1: Informal Grievance Procedure. The employee shall inform the immediate supervisor orally of the grievance and relevant facts within five (5) business days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. At least one conference shall be held between the employee and the immediate supervisor within two (2) business days after the employee has expressed the grievance. The immediate supervisor shall orally advise the employee of the decision within five (5) business days following the conference.

Paragraph 2: Formal Grievance Procedure.

A. Step 1: If the grievance is not resolved informally, the employee shall put the grievance in writing and submit copies to the immediate supervisor no later than five (5) business days following completion of the informal grievance procedure. The written grievance shall include a citation of the sections of the Personnel Ordinance, Policy, or these Personnel Rules alleged to have been violated and the remedy sought by the employee. A conference shall be held between the employee and the immediate supervisor within two (2) business days after the written grievance is received. The supervisor shall review the grievance and render a written decision to the employee within five (5) business days following the date of the Step 1 grievance conference. The issuance of a decision will complete Step 1.

B. Step 2: In the event that the grievance is not resolved in Step 1, the employee may submit it to the Department Director no later than five (5) business days following completion of Step 1. A conference shall be held between the employee and the Department Director within two (2) business days from the receipt of the Step 2 grievance. The Department Director shall have five (5) business days following the Step 2 grievance conference, in which to review the matter. At the conclusion of this review, a decision in writing shall be given to the employee. The issuance of a decision will complete Step 2.

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2 C. Step 3: In the event that the grievance is not resolved in Step 2, the employee may submit it to the Personnel Officer or designee no later than five (5) business days following completion of Step 2. A conference may be held between the employee and the Personnel Officer within two (2) business days from the receipt of the Step 3 grievance. The Personnel Officer shall have ten (10) business days following the Step 3 grievance conference in which to review the matter. At the conclusion of this review, a decision in writing shall be given to the employee. The decision issued by the Personnel Officer is the final administrative decision of the grievance procedure.

4.5 GENERAL PROVISIONS
A. No retribution or prejudice shall be suffered by employees making use of the grievance or complaint procedures by reason of such use.

B. Forms for filing and processing grievances and other documents necessary under these procedures shall be prepared by the Personnel Officer and given appropriate distribution.

C. All documents, communications, and records dealing with the processing of grievances shall be filed separately from personnel files.

D. Failure at any step of this procedure to communicate the decision on the grievance within specified time limits shall permit the aggrieved employee to proceed to the next step.

E. Failure at any step of this procedure to seek review of a decision on a grievance within specified time limits shall be deemed acceptance of the last decision rendered and waiver of further steps.

F. The time limits specified at any step in this procedure may be extended by mutual written agreement of all parties.

G. Reasonable time off without loss of pay shall be given to an employee who has a complaint or grievance and to the employee’s representative in order to participate in the complaint and grievance procedures.

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2 CHAPTER 5

SEPARATION FROM SERVICE

5.1 DISCHARGE/TERMINATION
An employee in the competitive service may be discharged at any time by the appointing authority for reasonable cause. Discharge shall be pursuant to these Personnel Rules, the Personnel Ordinance, and in accordance with law. Employees not in the competitive service of the City are employed at-will and can be terminated at any time with or without cause and without notice.

5.2 LAY OFF
Paragraph 1: Elimination of Position. Whenever, in the judgment of the City Council, it becomes necessary in the interest of economy or because the necessity for a position no longer exists, the City Council may abolish any position or employment in the competitive service, and the employee holding such position or employment may be laid-off without the right of appeal.

Paragraph 2: Lay Off Procedure. The order of lay off of employees shall be established by the Personnel Officer on the recommendation of the Department Director involved. The Department Director shall take into consideration the job performance and length of service of employees in preparing a recommended lay off list, provided that no regular or probationary employees shall be laid off from their position in any department while any temporary, seasonal, provisional, or part-time employees are serving in the same class within the department. Employees to be laid off shall be given at least fourteen (14) days prior notice.

5.3 RESIGNATION
An employee wishing to leave City employment in good standing shall file a written resignation with the appointing authority, stating the effective date and reasons for leaving, at least two (2) weeks before leaving the service. Such time limit may be waived by the appointing authority if the employee furnishes evidence that such notice would result in unreasonable hardship or loss of opportunity. A statement as to the resigned employee’s service performance and other pertinent information shall be forwarded to the Personnel Officer. Failure to give notice as required by this Rule may be cause for denying future employment by the City.

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2 5.4 JOB ABANDONMENT
An employee is deemed to have resigned if the employee is absent for five (5) consecutive business days without prior authorization and without notification during the period of absence. Employees have no right to appeal if deemed to have resigned as a result of job abandonment. Employees separated from employment for job abandonment will be reinstated with such charge removed from the employee’s record upon presentation of justification for absence such as severe accident, severe illness, false arrest, or mental or physical impairment which made it impossible not only to come to work, but also to communicate that inability to his/her supervisor.

5.5 RETIREMENT
Employees covered by the contract between the California Public Employee’s Retirement System (CalPERS) and the City of Lake Forest shall be eligible to retire based upon meeting CalPERS eligibility requirements.

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2 CHAPTER 6

COMPENSATION AND HOURS

6.1 CLASSIFICATION POLICY
Paragraph 1: Preparation of Plan. The Personnel Officer, or a person or agency employed for that purpose, shall ascertain, and record the duties and responsibilities of all classifications in the competitive service and, after consulting with the appointing authority and Department Directors, shall recommend a classification/compensation plan for such positions. The classification/compensation plan shall consist of classifications of positions in the competitive service defined by classification specifications, including the title. The classification/compensation plan shall be so developed and maintained that all positions similar with respect to duties, responsibilities, authority, and character of work are included within the same classification; and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same classification.

Paragraph 2: Adoption, Amendment, and Revision of Plan. The classification/compensation plan shall be adopted and may be amended from time to time by resolution of the City Council. The Personnel Officer shall determine which, if any, amendments will be proposed to the City Council.

Amendments or revisions to the classification/compensation plan proposed by the Personnel Officer shall be publicly posted for at least seventy-two (72) hours prior to consideration by the City Council.

Paragraph 3: Allocation of Positions. Following the adoption of the classification/compensation plan, the Personnel Officer shall allocate every position in the competitive service to one of the classifications established by the Plan.

Paragraph 4: New Classification. When a new classification is created, before any position may be filled, the appointing authority shall notify the Personnel Officer, and except as otherwise provided by the Personnel Ordinance or these Personnel Rules, no person shall be appointed or employed to fill any such position until the classification/compensation plan has been amended to include such position.

Paragraph 5: Reclassification. When duties have changed so materially as to necessitate reclassification, such duties shall be allocated by the Personnel Officer to a more appropriate class. Reclassifications shall not Item: 7
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2 be used for the purpose of avoiding restrictions concerning demotions and promotions. When a reclassification occurs, no person shall be appointed or employed to fill the reclassified position until the classification/compensation plan has been amended to include a position not already in the plan.

6.2 FULL-TIME SALARY ADMINISTRATION POLICIES
The following salary policies shall govern the administration of the compensation plan for all full-time classifications:

A. The minimum rate is normally the hiring rate for the grade. An employee may be assigned, upon appointment, to a rate other than the normal entering salary rate upon the recommendation of the Department Director, and with approval of the City Manager when it is decided that such action is in the best interest of the City.

B. The comprehensive wage and salary plan is based on a 40-hour work week for all full-time employees.

6.3 PART-TIME WAGE ADMINISTRATION POLICIES
The following salary policies shall govern the administration of the wage schedule for part-time classifications:

A. An employee shall be assigned, upon appointment, to an hourly wage rate upon the recommendation of the Department Director and with approval of the City Manager. The wage must be that as set forth in the wage schedule.

B. The wage is an hourly rate and represents the comprehensive rate.

C. The wage schedule shall be adopted by Resolution of the City Council.

D. Part-time employees shall be eligible for a step increase after working at least 500 hours, completing one (1) year of service, and receiving a “Meets Minimum Job Requirements” performance evaluation overall rating. If an employee works less than 500 hours after one (1) year of service, they will be eligible for the increase upon reaching 500 hours, or upon the completion of two (2) years of service, whichever comes first. The effective date of the increase shall be the employee’s anniversary date, or upon reaching the 500 hours. Part-time employees can be eligible for a double step increase for outstanding performance upon the approval by the Department Director and City Manager.

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2 E. Part-time employees promoted within one (1) month of their eligibility for a step increase will receive a double step increase upon promotion. Part-time employees promoted within three (3) months of their eligibility for a step increase are eligible for a double step increase upon promotion subject to approval by the Department Director and City Manager.

6.4 PERFORMANCE COMPENSATION PLAN (Does not apply to the City Manager or the City Attorney).

Paragraph 1: Purpose. The purpose of this Pay for Performance Plan is to establish a compensation plan and policy that will not only attract, retain, and motivate people with a high degree of commitment and excellent skills to the City for employment, but will compensate employees equitably for the value of the work they perform and the contributions their efforts make to achieving the City’s goals and long-term objectives. The Plan will recognize and reward employees for the results they achieve and the behaviors they demonstrate consistent with the City’s vision and values. With exceptional results for the citizens and stakeholders in the City will come exceptional rewards for those who accomplish them.

Paragraph 2: Background. While the City appreciates and values long-term service from good employees and rewards such service tenure through other programs, the City recognizes that compensation programs and policies are among the most critical tools in setting a high-performance bar and focusing energy, effort, and commitment to meeting and exceeding performance standards. This Plan is established to institutionalize the concept that salary ranges present the opportunity to earn higher salary and are not a guarantee of annual salary increases. When merit increases are awarded on the basis of work results compared to performance targets equitably established and communicated, employees are empowered to be individually accountable — to influence the pay they receive by the level of their performance.

Paragraph 3: Policy. The Pay for Performance Plan shall apply to all full-time employees who receive an annual performance evaluation except for the City Manager and City Attorney. Compensation adjustments under this Plan will be considered in conjunction with the employee’s annual performance evaluation. When an employee receives their annual performance review, an employee rating shall be determined based on the criteria outlined in the evaluation form. Only employees who are recommended by their Department Director and approved by the City Manager as rating “Meets Minimum Job Requirements” or higher shall be Item: 7
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2 eligible for adjustments to base pay and lump sum performance incentives in accordance with this Plan. An employee’s eligibility for salary movement may be based on three types of increase policies:

A. Performance – based merit increase policy. To be eligible to receive a performance – based merit increase, an employee must receive a performance rating based on the criteria outlined in the evaluation form used in the annual performance review of all full-time employees performed each year after the completion of the fiscal year. Employees who are hired during the fiscal year will be eligible for a pro-rata share of the performance- based merit increase based on the date of their hire and their rating. The following reflects the pro-rata percentage of the increase that will be available to employees based on their hire date:

Month of Hire Pro-Rata Percentage
July 100%
August 92%
September 84%
October 75%
November 67%
December 59%
January 50%
February 42%
March 34%
April 25%
May 17%
June 9%
The following conditions are also part of the performance-based merit increase policy:
(1) The increase will be applied to salary if possible. However, the salary increase will be limited by the pay range maximum for each position. (2) Any amount of increase which cannot be accommodated within the pay range maximum will be paid in a lump-sum payment after the employee’s evaluation each year. However, employees are not eligible to receive a lump-sum performance incentive award unless they are at the maximum salary of their range.

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2 (3) All increases made under this policy, whether in the form of salary increases or lump-sum payments, must be according to law. (4) Lump-sum payments will not be included as compensation for purposes of disability benefits, vacation or holiday pay, or other pay related to City benefits to an employee.
(5) Performance based merit increases are discretionary, and subject to City Manager review and approval. The City Manager is also authorized to adjust and/or limit the percentage increases based upon City financial conditions and budgetary considerations.

B. Promotional increase policy. A promotional increase will be granted to an employee who is promoted to a position at least one grade higher than the employee’s previous class. The amount of the increase will be as determined by the City Manager but will be a minimum increase of five (5%) percent over the prior salary. The City Manager’s determination will be based on, but not limited to, the “size” of the promotion (one grade versus five grades), the “time” since the employee’s last increase, and an assessment of the employee’s “readiness” for full job performance in the new position.

C. Structural movement increase policy. This policy provides for review and adjustment of the salary structure (if necessary) at least every two years.

When the salary structure is adjusted, employees with salaries that fall below new range minimums after any pay-for-performance increase will receive a structural increase to the minimum.

6.5 WORKING HOURS
Actual working hours will be determined on the basis of operational efficiency and employee preference. Supervisors will establish normal working schedules subject to approval of the Department Director or the City Manager. Any deviation from normal work schedules shall be approved by the Department Director and the Personnel Officer.

6.6 PAY PERIODS AND PAY DAYS
All officers and employees of the City of Lake Forest shall be paid once every two weeks. Compensation shall be made available on an every-other Friday basis. In the event that a payday falls on a holiday, all warrants or checks in payment of compensation shall be made available on the day preceding the holiday.

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2 6.7 PAYROLL DEDUCTIONS
The City can lawfully withhold amounts from an employee's wages only: (1) when required or empowered to do so by state or federal law, or (2) when a deduction is expressly authorized in writing by the employee to cover insurance premiums, benefit plan contributions or other deductions not amounting to a rebate on the employee's wages, or (3) when a deduction to cover health, welfare, or pension contributions is expressly authorized by a wage or collective bargaining agreement.

The following payroll deductions may be made from the salary of employees, where applicable:

Paragraph 1: Obligations to the City. The City, if deemed necessary by the City Manager, may deduct from the employee’s pay amounts equal to the obligations incurred through cash advances and damage to City property entrusted in the care of the employee, if said damage results from proven negligence on the part of the employee, when authorized by the employee.

Paragraph 2: Health and Life Insurance Benefits. The City will make deductions of those amounts authorized by the employee equal to the employee’s share of the health and life insurance benefits made available to the employee.

Paragraph 3: Income Tax - Medicare and Social Security. The City shall make deductions from the salary in the amount required by Federal and State law.

Paragraph 4: Public Employees’ Retirement System. The City shall deduct from the employee’s salary the amount required to be contributed to the Public Employees’ Retirement System (PERS) after considering Section

7.2 “Public Employees’ Retirement System.”
Paragraph 5: Credit Union Deductions. The City shall deduct from the employee’s salary authorized deductions to the credit union and pay such amounts to the credit union.

Paragraph 6: Charitable Deductions. The City shall deduct charitable contributions periodically, when authorized by the employee.

Paragraph 7: Deferred Compensation. The City, upon authorization by the employee, shall deduct eligible amounts as determined by the employee for contribution to the Deferred Compensation Program.

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2 Paragraph 8: Miscellaneous Deductions. The City, upon authorization by the employee, shall deduct amounts as determined by the employee.

Paragraph 9: Court Ordered Garnishment. The City shall deduct an amount from an employee’s salary when so ordered by a court of competent jurisdiction.

6.8 COMPENSATION FOR OVERTIME
Paragraph 1: General Overtime Provisions. Subject to approval of the City Manager and to the following provisions, an authorized supervisor may prescribe reasonable periods of overtime work to meet the operational needs of the department. Except as otherwise provided herein, overtime shall be paid at one and one-half times the hourly equivalent of the employee’s salary rate, based on the number of overtime hours actually worked.

A. Overtime is defined as work required by an authorized supervisor on a form approved by the Personnel Officer in excess of forty (40) hours in a work week.

B. In the event a bona fide emergency arises that dictates the need for immediate overtime and the employee’s supervisor is not available for authorization, the employee shall seek approval from a management employee prior to working the overtime and on the next working day shall prepare a memorandum to the responsible supervisor outlining the same.

C. Time off taken for purposes of sick leave, vacation, compensatory time, jury duty, holiday, bereavement, and other leave shall not serve as time worked when computing the forty (40) hours in a work week.

D. Compensatory-time In Lieu of Compensation. An employee is entitled to elect to receive compensatory-time in lieu of compensation for overtime.

The maximum hours of compensatory time that an employee shall receive in lieu of compensation is forty (40) hours. Once an employee has reached the maximum level of compensatory-time the City shall directly compensate the employee, until the employee’s balance of compensatory-time falls below the forty (40) hour maximum level.
(1) Part-time employees are not entitled to receive compensatory time in lieu of overtime pay.

Paragraph 2: Personnel Not Entitled to Overtime. For the purpose of this section all exempt employees as defined by the Fair Labor Standards Act Item: 7
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2 (FLSA) are not entitled to overtime. However, these personnel may be granted compensation for work beyond the normal work week at the sole discretion of the City Manager.

Paragraph 3: Court Time. Employees, other than those covered by Paragraph 2 above, who are required to appear in court during their off-duty hours in connection with City business shall receive overtime compensation at one and one-half times the number of hours they spend in court.

6.9 PAY FOR SERVING IN HIGHER JOB CLASSIFICATION
Paragraph 1: Prior Approval for Serving in Higher Job Classification.

Prior to an employee serving in a higher job classification for more than ten (10) consecutive business days, the Department Director must submit a memo to the City Manager requesting authorization. The memo must document reason for need, estimated duration of service, and specific job responsibilities to be covered. The job responsibilities to be covered shall be approved by the Department Director and the Personnel Officer.

Paragraph 2: Pay for Serving in Higher Job Classification. An employee who is required, on the basis of acting appointment, to serve in a class with a higher salary range to that of the class in which the employee is normally assigned, shall receive the greater of the minimum salary rate of the higher salary range or a five percent (5%) increase from the employee’s current salary rate on the eleventh business day of serving. This increase is conditional provided the employee performs all of the duties and assumes all the responsibilities of the higher class, and only after the employee has served more than ten (10) consecutive business days in the higher classification. The ten (10) consecutive days is exclusive of time off. If each of these conditions is met, the increase in salary shall be retroactive to the eleventh business day of such qualifying service. This section only entitles an employee to the salary of the higher class and not the
benefits of the higher class. Compensation under this section shall not be permitted for any position which is subject to City Council appointment unless specifically authorized by the City Council.

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2 CHAPTER 7

EMPLOYEE BENEFITS

7.1 HEALTH AND LIFE INSURANCE
Paragraph 1: Health Insurance. Full-time employees and their dependents will have medical, dental, and vision insurance made available.

The City retains the right to make health insurance benefits available to part- time employees in specific situations, at the part-time employee’s own cost.

The City shall pay for medical, dental, and vision insurance for full-time employees and their dependents in accordance with the benefits matrix contained in Exhibit A to these Personnel Rules. The City will pay the cost of the dental and vision plans offered by the City to full-time employees.

Additionally, employees may select to be covered by any one of the medical plans offered by the City.

Paragraph 2: Life Insurance Benefits. Group term life insurance will also be made available to these employees. The amount of life insurance made available will be in accordance with the benefits matrix contained in Exhibit A to these Personnel Rules.

7.2 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (Does not apply to part-time except as set forth below or required by law).

New Members
“New member” employees will be required to contribute at least fifty percent (50%) of the total annual normal cost rate or the current contribution rate of similarly situated employees, whichever is greater (equal sharing of normal cost) as dictated per PEPRA.

Employee contributions will be deducted from employees’ base salary on a pre-tax basis and paid to PERS.

Classic Members
“Classic member” employees will be required to contribute the full seven percent (7%) employee contribution to PERS (employee normal contribution). Employee contributions will be deducted from employees’ base salary on a pre-tax basis and paid to PERS.

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2 Part-Time Employees
Part-time employees who are eligible to participate in PERS will be required to contribute based upon their membership status as stated above. Employee contributions will be deducted from employees’ base salary on a pre-tax basis.

7.3 PHYSICAL EXAMINATION ALLOWANCE
Full-time employees are entitled to an annual allowance on a reimbursement basis for a physical examination by a licensed physician of the employee’s choice. Department Directors may receive a maximum allowance of Five Hundred Dollars ($500.00) each fiscal year. All other eligible employees may receive a maximum allowance of Three Hundred Dollars ($300.00) each fiscal year. This allowance can only be used to pay that portion of the cost of the physical, which is not covered by the employee’s insurance plan, or for preventive medical tests ordered by a physician as part of the physical exam such as pap smear, cholesterol testing, mammogram, colonoscopy, diabetes testing, prostate cancer screening, and bone density testing.

7.4 CELL PHONE ALLOWANCE
Some employees may receive a cell phone allowance to reimburse them for business use of their personal cell phones when it is determined that an employee may need to be available by telephone during non-business hours or when an employee is away from City facilitieswhen it is determined that it would be a benefit to the City and the employee.

The City shall will pay for a cell phone allowance in accordance with the benefits matrix contained in Exhibit A to these Personnel Rules. The Assistant City Manager may receive a maximum allowance of Seven Hundred Twenty Dollars ($720) each fiscal year.

Department Directors and the Assistant to the City Manager may receive a maximum allowance of Three Hundred Sixty Dollars ($360.00) each fiscal year.

7.5 WORKERS’ COMPENSATION
In the event that an employee incurs a job-related accident or injury, the employee may supplement his or her workers’ compensation payments with a fractional amount of earned sick leave or vacation to bring employee’s total compensation up to the employee’s maximum wage.

7.6 DEFERRED COMPENSATION
City employees, including part-time, provisional, temporary, and seasonal employees, are eligible for a Deferred Compensation Program. All contributions will be made by the employee.

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2 7.7 TRAINING OF EMPLOYEES (Paragraph 2 does not apply to part-time, seasonal, provisional, or temporary employees).

Paragraph 1: Purpose of Training and Policy. It is the policy of the City to develop maximum efficiency in the performance of official duties by City employees by providing for the training of employees in the performance of their official duties, and by assisting them in fulfillment of their duties and responsibilities as well-informed citizens of the community.

A. The Personnel Officer shall monitor training programs, provide support and assistance to Department Directors in the administration of internal training programs, and submit recommendations to the City Manager.

B. The development of a continuous program of post-entry training as a part of the normal operation of City administration shall be encouraged. All other things being equal, priority consideration shall be given to training opportunities sponsored by and conducted by the City.

Paragraph 2: Tuition Reimbursement. The City will provide to employees a maximum of Fifteen Hundred Dollars ($1,500) per fiscal year per employee for tuition reimbursement for courses which relate to their job assignments, or when they are pursuing a degree in a major with potential value to the City. Tuition reimbursement may only be applied to the cost of tuition; incidental costs including those for books, parking, or other fees are not reimbursable. The City’s program is intended to qualify as an Educational Assistance Program under federal and state tax laws. The completion date of the class shall be used in determining the fiscal year in which the benefit shall apply.

A. To be eligible, an employee must:
(1) have full-time status for one year;
(2) receive no other duplicate benefits under any student aid programs; (3) receive prior written approval by the employee’s supervisor on a form approved by the City Manager before registering for the class; (4) forward to the Personnel Officer proof of payment of tuition for which City reimbursement is being requested; provide the Personnel Officer with evidence of satisfactory completion of a course (a “C” grade or better or a “pass” in a pass/fail grading system) within thirty (30) days of the end of the course. If good cause is demonstrated, the Item: 7
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2 City Manager may approve payment of the course following registration and;
(5) remain in City employment for at least one year after course completion.

B. The City may withhold from an employee’s paycheck sums equal to any amounts which may have been advanced or reimbursed if an employee does not provide evidence of satisfactory completion of a course within thirty (30) days; or, an employee terminates within one year after course completion.

7.8 EXPENSE ALLOWANCES
Paragraph 1: Mileage Reimbursement.

A. Expense claims for use of private automobiles must be approved by the Department Directors or City Manager. Such use will be reimbursed at the official Internal Revenue Service (IRS) mileage rate that is in effect at the time of the travel. The City Manager may authorize advance payment of estimated expenses to employees, i.e., gasoline or mileage. The employee may elect to be reimbursed by actual mileage in lieu of the car allowance if an employee expects to exceed his/her allowance.

B. Use of private vehicles for business trips out of the metropolitan area may be approved by the City Manager when use of commercial transportation is not practical or for other acceptable justifications.

Paragraph 2: Car Allowance. (Does not apply to part-time, seasonal, provisional, or temporary employees). A car allowance instead of mileage for normal day-to-day operation may be made available in accordance with the benefits matrix contained in Exhibit A to these Personnel Rules. The car allowance is not applicable to employees who are assigned a City vehicle or do not possess or use a private vehicle in the scope of their employment.

Paragraph 3: Travel Expenses. When air, rail, or public transportation is used, expenses for local transportation such as taxi cab or automobile rental will be allowed when necessary for the conduct of City business.

A. Expenses for lodging will be reimbursed in accordance with the City’s Expense Reimbursement Policy.

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2 B. Expenses for meals will be reimbursed in accordance with the City’s Expense Reimbursement Policy.

7.9 LONG-TERM DISABILITY
Full-time employees are entitled to benefits under a Long-Term Disability Plan provided by the City. Employees who are eligible for the use of sick leave in accordance with Personnel Rule Section 8.4, Sub-paragraph 1.A(1) are entitled to benefits at the according to the plan waiting periodcontract.
expiration of a 90-days’ waiting period.

7.10 SHORT-TERM DISABILITY
Full-time employees are entitled to benefits under a Short-Term Disability Plan provided by the City. Employees who are eligible for the use of sick leave in accordance with Personnel Rule Section 8.4, Sub-paragraph 1.A(1) are entitled to benefits according to the plan waiting period.at the
expiration of a 30-days’ waiting period.

7.11 CONFERENCES, SEMINARS, AND MEMBERSHIPS
Employee attendance at conferences and seminars may be authorized in accordance with the City’s Travel Policy.

7.12 INSURANCE/BENEFIT PLANS
The City retains the right to select the vendor(s) for the various insurance plans and to amend the benefits provided by these various plans. Nothing shall limit the City’s right to make any changes or guarantee the continuation of the benefits as outlined in these policies.

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2 CHAPTER 8
LEAVE

8.1 VACATION LEAVE
Paragraph 1: Full-Time Employees. Employees working full-time for the City accrue vacation hours each pay period according to the following schedule:

After completion of the following years of continuous service employees begin to accrue this number of hours annually.

Years in Service Annual Hours
0-4 80
5-9 120
10 128
11 136
12 144
13 152
14 or greater 160
Some employees are entitled to earn an additional forty (40) hours of vacation each year.

This additional annual vacation accrual shall be provided to employees in accordance with the benefits matrix contained in Exhibit A to these Personnel Rules.

Employees shall accrue vacation beginning the first year of employment. Employees are not allowed to accumulate more than two hundred-eighty (280) hours of vacation. Once an employee accumulates two hundred-eighty (280) hours of vacation, the employee shall stop accruing vacation. Accrual shall not begin again until the vacation leave is less than two hundred-eighty (280) hours.

Paragraph 2: Sell Back of Accumulated Vacation. The City allows for sell back of accumulated vacation based upon the approved annual operating budget. The City Manager will have the final authority to review, modify, and approve all requests. A qualified employee may request a sell back of accumulated vacation during two months of the year, June, and December. In order to qualify for the sell back, an employee must:

A. Have at least eighty (80) hours of accumulated vacation remaining after the sell back is completed, and
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2 B. Have taken at least forty (40) hours of vacation/management leave, of which at least twenty-six (26) vacation/management leave hours must be consecutive, within the last twelve (12) months preceding the sell back.

If the employee is qualified and desires the sell back, the employee must follow any additional procedures established by the Personnel Officer.

8.2 MANAGEMENT LEAVE
Management leave may be made available in accordance with the benefits matrix contained in Exhibit A to these Personnel Rules.

The accrual of this leave is in a lump-sum in January of each year. New employees, who are eligible for this leave, shall accrue on the first of the month following the date of employment. However, the amount accrued in the first year of employment shall be on a prorated basis. Management leave received pursuant to this Section shall be either taken as time off with pay or will be paid off in a pay period in January . December.

8.3 HOLIDAYS
Employees shall have the following holidays as time off with pay:

New Year’s Day (January 1)
Martin Luther King Day (3rd Monday in January)
President’s Birthday (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4)
Labor Day (1st Monday in September)
Veteran’s Day (November 11)
Thanksgiving Day (4th Thursday in November)
Friday after Thanksgiving
Christmas Day (December 25)
In the event that a holiday occurs on a regular day-off and is not observed on a preceding or following day by the City, each employee who is employed prior to the holiday shall receive eight (8) hours of floating holiday. Floating holiday hours may be used hour by hour or in the full eight (8) hour increment. Floating holiday hours must be used within the same calendar year they are received and will not carry over to future years.

8.4 SICK LEAVE
Paragraph 1: Sick Leave Generally. The granting of sick leave shall be determined by the following rules:

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2 A. Accrual of Sick Leave: Sick leave, in the forms described below, may be made available in accordance with the benefits matrix contained in Exhibit A to these Personnel Rules:
(1) Full-time employees shall accrue sick leave with pay at a rate of eight (8) hours per month. Any such leave accrued but unused in any year shall be credited to the following year. At separation, the City will compensate the employee leaving City service for one-half of accumulated sick leave, for separation reasons other than discharge/termination or job abandonment as defined in Chapter 5. (2) In accordance with the Healthy Workplaces, Healthy Families Act, and as documented in the Lake Forest Healthy Workplaces, Healthy Families (Paid Sick Leave) policy, part-time employees who, on or after July 1, 2015, work in California for 30 or more days within a year from the beginning of employment are entitled to paid sick leave. Part-time employees shall accrue sick leave with pay at a rate of one hour per every 30 hours worked, beginning at the commencement of employment or July 1, 2015, whichever is later.

The accrual of paid sick days cannot exceed 48 hours. Accrued and unused paid sick days shall carry over year to year based on the original hire date. A part-time employee shall be entitled to use accrued paid sick leave beginning on the 90th day of employment, after which the employee may use paid sick leave as it accrues. At separation, part-time employees may be eligible for one-half of accumulated sick leave for separation reasons other than discharge/termination or job as defined in Chapter 5 if approved by the City Manager.

B. Permitted Uses of Sick Leave: An employee eligible for sick leave with pay shall be granted such leave for the following reasons:
(1) Personal illness or physical incapacity.
(2) Enforced quarantine of the employee in accordance with community health regulations.
(3) Doctor and dental appointments.
(4) For an employee or their child who is a victim of domestic abuse, sexual assault, or stalking for specified purposes.

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2 (5) Absence from duty because the employee’s presence is needed to attend to diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee’s family member. “Family member” means any of the following:
(a) A child, meaning a biological, adopted, or foster child, stepchild, child of a domestic partner, legal ward, or a child to whom the employee stands in loco parentis.

This definition of child is applicable regardless of age or dependency status.
(b) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s
spouse or registered domestic partner, or a person who
stood in loco parentis when the employee was a minor
child.
(b)(c) A designated person defined as “any individual related by blood or whose association with the employee is the
equivalent of a family relationship.
(c)(d) A spouse,
(d)(e) A registered domestic partner.
(e)(f) A grandparent.
(f)(g) A grandchild.
(g)(h) A sibling.

Full-time employees may use accrued sick leave up to the amount earned during six months of employment each calendar year (48 hours) for purposes other than their own illness or medical/dental care. Part- time employees may use accrued sick leave up to 48 hours each calendar year.

C. Conditions on Use of Sick Leave: Sick leave is not a right which an employee may use at his or her discretion. Sick leave is subject to the following:
(1) Observed holidays occurring during the sick leave will not be counted as sick leave.

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2 (2) An employee must call no later than thirty (30) minutes after the regular starting time of their assigned shift and report to their supervisor. An employee has an obligation to keep their supervisor informed regarding their condition and whereabouts during working hours.
(3) Except in extraordinary circumstances, failure to call before the thirty (30) minute time limit is a basis for denying use of sick leave. (4) An employee who misses work shall, upon return to work, ensure sick leave request is input into the City’s leave system. (5) An employee who misses five days or more of work shall, upon return to work, furnish a certificate issued by a medical provider indicating the employee was on medical leave.
(6) In cases of suspected abuse of sick leave, a supervisor may require a doctor’s statement for any illness. Failure to validate an absence with a doctor’s statement may be grounds for denying use of sick leave. Continued abuse will be cause for discipline.

Paragraph 2: Sick Leave Sell Back. The City allows for sell back of accumulated sick leave based upon the approved annual operating budget.

The City Manager will have the final authority to review, modify, and approve all requests. A qualified employee may request a sell back of accumulated sick leave in December. In order to qualify for the sell back, an employee must:

A. Employees who have accumulated more than 360 hours of sick leave may sell all or part of those hours in excess of 360 back to the City at the rate of one hour of pay for each two hours sick leave. If the employee is qualified and desires the sell back, the employee must follow any additional procedures established by the Personnel Officer.

Paragraph 3: Sick Leave Donation Policy.

A. Purpose: The purpose of this Policy is to establish a program and procedures for employees to donate a portion of their accumulated sick leave time to fellow employees who have exhausted their paid leave entitlements and (1) who are suffering from a catastrophic illness or injury or (2) whose absence from duty is caused by the need to attend to the catastrophic illness or injury of their child, spouse, parent, or domestic partner.

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2 B. Background: The City’s employees accrue paid sick leave and other various forms of paid leave for their use when the employees are absent from work.

There have been occasions when a City employee, due to a serious health condition, has exhausted all forms of paid time off. Such employees have been forced to go without compensation for a length of time. This Policy is designed to address such circumstances during that medical and financial emergency.

C. Policy: This Policy allows City employees to provide assistance to a fellow employee who is facing a crisis due to their own or a family member’s catastrophic illness or injury. A catastrophic illness or injury is one that is expected to incapacitate a person for an extended period of time and that creates a financial hardship because the employee has exhausted all of his or her accumulated leave. Participation by donors or recipients in the Sick Leave Donation Program is entirely voluntary.

D. Catastrophic Leave Donation Banks: The Sick Leave Donation Program will allow an employee, who is absent from work due to his or her own serious health condition or due to the need to attend to the serious health condition of their child, spouse, parent, or domestic partner to request that a Catastrophic Leave Donation Bank be established on his or her behalf. A Catastrophic Leave Donation Bank shall not be established unless the City Manager or the City Manager’s designee has approved the employee’s request. Leave donations will be credited to a particular recipient’s Catastrophic Leave Donation Bank and will be for use by that designated recipient only.
(1) Eligibility of Employee for Catastrophic Leave Donation Bank. To be eligible to receive Catastrophic Leave Donation Bank donations, an employee must meet all the following conditions:
(a) Must be eligible for the accrual of sick leave in
accordance with Personnel
Rule Section 8.4; and,
(b) Must have been employed by the City in a regular
position for at least one year or if good cause can be
demonstrated, the City Manager can waive the one
year requirement; and,
(c) Must submit a confidential statement from his or her treating physician which indicates that the employee’s
absence is due to the employee’s own “serious health
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2 condition” or is due to the need to attend to the
“serious health condition” of their child, spouse, or
parent, or domestic partner as defined according to state and federal laws.in the Federal Family and Medical
Leave Act. The statement must also estimate the
duration of the employee’s absence from work; and,
(d) Must have applied for shortlong-term disability
insurance or for Workers’ Compensation benefits, if
eligible, and have authorized the City to integrate any such awarded benefits with available leave balances;
and,
(e) Must have exhausted all earned leave balances
(including sick, vacation, management leave, and
compensatory time). However, the City Manager may
approve the solicitation and acceptance of sick leave
donations prior to all balances being exhausted when
the physician’s statement and existing leave balances
indicate that all such balances will be exhausted within the next two pay periods.
(2) Catastrophic Leave Donation Bank Guidelines. Leave donations will be credited to a recipient’s Catastrophic Leave Donation Bank on an hour-for-hour basis, regardless of the hourly pay rate of any particular employee. While using leave from the recipient’s Catastrophic Leave Donation Bank, the recipient will be treated as though he or she was merely using the recipient’s own sick leave.

Thus, the recipient will accrue additional annual vacation or sick leave, as usual, during the use of hours from the Catastrophic Leave Donation Bank. The maximum amount of sick leave which may be donated, in total, by City employees to a particular Catastrophic Leave Donation Bank is a total of four hundred eighty (480) hours.

Any hours of donated sick leave remaining in the Catastrophic Leave Donation Bank at the time the Bank is abolished will be forfeited.

The donated hours used by the recipient are taxable to him or her in accordance with Internal Revenue Service regulations and are subject to withholdings as required by law.

E. Leave Donations: Donations of sick leave are subject to the following requirements:

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2 (1) Full-Time Employees Only. Only full-time employees, who are eligible for the accrual of sick leave in accordance with Personnel Rule Section 8.4, Sub-paragraph 1.A, may make sick leave donations to a Catastrophic Leave Donation Bank.
(2) Type of Donations. Employees may donate from his or her accumulated sick leave balance only. Transitional sick leave balances are not available for donation.
(3) Minimum Donations. Employees wanting to donate will be notified of the hours needed per pay period. Employees may donate a minimum of one hour from his or her accumulated sick leave balance. No donation from an employee will be permitted that would result in the donor’s accumulated sick leave balance, immediately after the donation, being below eighty (80) hours of accumulated sick leave.
(4) Whole Hour Donations. Leave donations must be in whole hours. No fractions of hours may be donated.
(5) Donation's Impact on Sick Leave Sell-Back. Sick leave donations may affect the donor’s ability to annually sell sick leave back to the City.

F. Responsibilities Under the Policy: The development and use of a Catastrophic Leave Donation Bank carries with it a shared responsibility between City's management and individual employees desiring to participate in the program. The respective responsibilities are set forth below:
(1) The Requesting Employee: The requesting employee will prepare and submit to the Personnel Office a “Request to Establish a Catastrophic Leave Donation Bank” form. Additionally, the requesting employee should submit a “Certification of Physician or Practitioner” form to the Personnel Office in a sealed envelope labeled “Confidential – Request to Establish a Catastrophic Leave Donation Bank.” If the requesting employee is unable to make the request on their own behalf, the employee’s Department Director may submit a request on the employee’s behalf.
(2) The Program Administrator: The City Manager, or the City Manager’s designee, will serve as the administrator of the Sick Leave Donation Program. The Administrator will receive the Item: 7
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2 confidential statement from the requestor’s physician in a manner consistent with the Federal Family and Medical Leave Actfederal and state laws. The Administrator will approve or deny the establishment of a requested Catastrophic Leave Donation Bank. If the request is approved, the Bank shall be established, and the Administrator will publicize the request with the statement approved by the requestor.

The Administrator shall approve or deny each offered donation, if any, to the Catastrophic Leave Donation Bank in accordance with the requirements of this Policy. The Administrator shall determine when the Catastrophic Leave Donation Bank shall be abolished. (3) The Donating Employee: A donating employee will prepare and submit to the Personnel Office a “Request to Donate to Catastrophic Leave Donation Bank” form.
(4) The Finance Department: The Finance Department will make the appropriate payroll and leave balance adjustments for both the recipient and any donors. The Finance Department will coordinate the usage of hours from the Catastrophic Leave Donation Bank and the integration of any other benefits therewith, if applicable. Any hours remaining in the Catastrophic Leave Donation Bank at the time it is abolished will be forfeited.

G. Forms: The forms utilized in the Sick Leave Donation Program are attached as follows:
(1) Request to Establish a Catastrophic Leave Donation Bank (2) Request to Donate to Catastrophic Leave Donation Bank The Sick Leave Donation Program forms are available from the intranet or Human Resources.

8.5 FAMILY AND MEDICAL LEAVE POLICY
Family and Medical Leave shall be provided in accordance with state and federal law and the Lake Forest Family and Medical Leave Policy.

8.6 BEREAVEMENT LEAVE
Full-time employees are eligible for a maximum of three (3) days per year paid bereavement leave in the event of the death of a member of the employee’s immediate family. Should additional time be required due to unusual circumstances, an additional Item: 7
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2 two (2) days may be approved by the City Manager. For the purpose of this Section, immediate family is limited to a parent, stepparent, spouse, domestic partner, child, stepchild, brother, sister, mother-in-law, father-in-law, grandfather, grandmother, grandchild, son-in-law, daughter-in-law, aunt, or uncle of the employee, regardless of residence.

An employee is eligible for bereavement leave once they have been employed for at least 30 days prior to the commencement of leave. The employee can use bereavement leave for each qualifying occurrence, but full-time employees are only eligible for three (3) days per year paid bereavement leave. Employees may use vacation, compensatory time, floating holidayholiday, and management leave for an additional bereavement leave beyond the three days.

The five days of bereavement leave do not need to be taken consecutively; and can be intermittent. The employee must complete the bereavement leave within three months of the family member’s date of death.

8.7 MILITARY LEAVE
Military leave shall be granted in accordance with state and federal law, including thethe provisions of Division 2, Part I, Section California Military and Veteran’s Code and the provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the City of Lake Forest Military Leave Policy.the U.S. Code All employees entitled to military leave shall give the appointing authority an opportunity within the limits of military regulations to determine when such leave shall be taken.

8.8 LEAVE OF ABSENCE WITHOUT PAY
A. Department Directors may grant employees leave of absence without pay for not more than five (5) business days. Such leave shall be reported to the Personnel Officer.

B. The City Manager may grant employees leave of absence without pay or seniority, not to exceed three (3) months. After three (3) months, the leave of absence may be extended, if authorized by the City Council. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request, and such approval shall be made in writing.

Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee to return to duty within five business days twenty-four (24) hours after notice to return shall be considered an absence without leave and be cause for immediate termination, and such employee automatically waives Item: 7
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2 all rights under the Personnel Ordinance and these Personnel Rules. Deposit in the United States mail of a first-class letter, postage paid, addressed to the employee’s last known place of residence, shall be reasonable notice.

C. Employees placed on an unpaid status will not accrue sick or vacation leave.

An employee will be eligible for an unpaid status after exhausting all accrued paid vacation, management leave, compensatory leave, and sick leave balances.

8.9 FAMILY SCHOOL PARTNERSHIPSCHOOL ACTIVITY LEAVE
Employers with 25 or more employees must provide employeesEmployees are entitled to with up to 40 hours of unpaid leave per year to attend or otherwise be involved with their child’s school or day care facility, upon reasonable advance notice.

This includes: An employee who wishes to visit the school of his/her child in kindergarten or grades 1 through 12 must
a) To find, enroll or reenroll his or her child in a school or with a licensed childcare provider, or to participate in activities of the school or childcare provider, limited to 8 hours per month; or
a)
b) To address a school emergency or childcare provider emergency (including a situation where a child cannot stay at school or with a childcare provider due to behavioral or discipline problems); or
b)
c) To appear at their child’s school after the child has been suspended. , prior to taking the time off,If possible, the employee should give reasonable written notice to his/her supervisor of his/her intent to do so. The written notice must include the date and time of the visit, as well as,as well as the child whose school the employee will be visiting. The City may deny the request if it will result in undue disruption to City operations.

The employee may take off up to a maximum of 40 hours per school year, but not more than 8 hours in one month, per child. The employee may utilize existing vacation, compensatory time, or management leave, if applicable, for purposes of this planned absence.

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2 The employee’s supervisor may require the employee to provide written documentation from the school as proof of these visits.

8.10 JURY DUTY LEAVE
All employees required to serve as a juror shall be compensated for the difference between their normal wage and the compensation for jury duty, less travel pay, during the period of such service.

8.11 ADMINISTRATION OF LEAVE
Employees shall attend their work location in accordance with these Personnel Rules regarding hours of work, holidays, and leaves. All departments shall keep attendance records of employees which shall be reported to the Personnel Officer when and in the manner the Personnel Officer specifies. Failure on the part of an employee to return to duty within five business daystwenty-four (24) hours after notice to return shall be considered an absence without leave and be cause for immediate termination, and such employee automatically waives all rights under the Personnel Ordinance and these Personnel Rules. Deposit in the United States mail of a first-class letter, postage paid, addressed to the employee’s last known place of residence, shall be reasonable notice.

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2 CHAPTER 9

MISCELLANEOUS

9.1 NON-DISCRIMINATION POLICY
No employee shall be promoted, demoted, terminated, or in any way favored or discriminated against because of political opinions or affiliations, genetic characteristics or information, race, color, national origin, ancestry, religion, creed, sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions), physical or mental disability, medical condition, marital status, military and or veteran status, sexual orientation, age (40 or over), or because of the exercise of his/her rights under the Meyers- Milias-Brown Act, or any basis protected by applicable federal, state, or local law.

9.2 POLITICAL ACTIVITY
The political activities of City employees shall conform to pertinent provision of the Ethics in Government Act of 1990; Section 89500 et seq. of Title 9, Chapter 9.5 of the Government Code. Also, employees shall conform to the limits on the expenditure of City funds for political activities in accordance with Section 54964 of Title 5, Chapter 9.5 of the Government Code.

9.3 POLITICAL ACTIVITIES OF PUBLIC EMPLOYEES
Employees may not solicit political funds or contributions from other employees during working hours or on City property, nor may employees participate in political activities while in any uniform which would represent the City, while on City property or during working hours. Employees are prohibited from soliciting political contributions from other City employees or applicants on an employment list unless the solicitation is made as part of a request to a significant segment of the public. Also, candidates for City office may not use or threaten to use political authority or influence over City employees and City employees will not have any adverse job actions taken as a result of failing to contribute to a political campaign or engage in political activities. The purpose of these restrictions is clearly to keep the City employee’s job free from political influence.

9.4 RIGHT TO CONTRACT FOR SPECIAL SERVICES
The City Manager shall consider and make recommendations to the City Council regarding the extent the City should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The City Council may contract with any qualified entity to perform any or all of the responsibilities and duties imposed by the Personnel Ordinance, including, but not limited to the following:

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2 A. The preparation of Personnel Rules and its subsequent revisions and amendments.

B. The preparation of a position Classification/Compensation Plan and its subsequent revisions and amendments.

C. The preparation, conduct, and grading of competitive tests.

D. The conduct of employee training programs.

E. Special and technical services of advisory or informational character on matters relating to personnel administration.

9.5 SEVERABILITY
If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of these Personnel Rules is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of these Personnel Rules.

9.6 CONFIDENTIAL POSITIONS
As provided for in Government Code Section 3507.5 (the Meyers-Milias-Brown Act), the City has designated the following positions as confidential: City Manager and Department Directors, and any other employees who have access to confidential employee relations information or who have responsibilities within the employee relations function. The City Council hereby authorizes the City Manager to make further designations of confidential positions by preparing a memorandum stating the same. A copy of this memorandum shall be sent to those employees impacted by such designation.

9.7 ADDITIONAL POLICIES INCORPORATED HEREIN
In addition to the rules and policies set forth in these Personnel Rules, the following additional rules and policies are on file with Human Resources:incorporated herein by this reference as if set forth in full
Paragraph 1: Family and Medical Leave Policy.

Paragraph 2: Disability Discrimination Policy.

Paragraph 3: Harassment, Discrimination, and Retaliation Policy.

Paragraph 4: Substance Abuse Policy.

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2 Paragraph 5: Conflict of Interest Code.

Paragraph 6: Computer and Telecommunications Equipment Use Policy.

Paragraph 7: Electronic Communication Usage and Retention Policy.

Paragraph 8: Violence in the Workplace Policy.

Paragraph 9: Military Leave Policy.

9.8 DEFINITION OF TERMS
ALLOCATION: The assignment of a single position to its proper class in accordance with the duties performed and the authority and responsibilities exercised.

APPOINTING AUTHORITY: The City Council shall appoint the City Manager and City Attorney. The City Manager shall appoint all other positions within the City administration which are exempt from the “competitive service.” AT-WILL: An employee who can be terminated at any time with or without cause and without notice.

CLASS: All positions sufficiently similar in duties, authority, and responsibility to permit grouping under a common title in the application with equity of common standards of selection, transfer, promotion, and salary.

COMPARABLE CLASS: Refers to jobs in classes which require equal skill, effort, and responsibility, and that are performed under similar working conditions.

COMPETITIVE SERVICE: All positions of employment in the service of the City except those specifically excluded by the Lake Forest Municipal Code and these Personnel Rules.

DAYS: Means calendar days, unless otherwise stated.

DEMOTION: The movement of an employee from one class to another class having a lower maximum rate of pay.

DOMESTIC PARTNER: Individuals registered as domestic partners with the Secretary of State of California pursuant to the California Family Code.

ELIGIBLE: A person whose name is on an employment list.

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2 EMPLOYMENT LIST:

Open-Employment List: A list of names of persons who have qualified for appointment to a class in the competitive service.

Promotional-Employment List: A list of names of persons who have qualified for promotion to a class in the competitive service.

Reemployment List: A list of names of probationary and regular employees who have been laid off or demoted in lieu of lay off.

EXAMINATION:

Open Competitive Examination: An examination for a particular class that is open to all persons meeting the qualifications for the class.

Promotional Examination: An examination for a particular class which is open only to employees meeting the qualifications for the class who, with no subsequent break in City service except for approved leave of absence, are classified as part- time or full-time regular employees, or six (6) months of probationary status.

FULL-TIME EMPLOYEE: Is an employee who is regularly scheduled to work no less that forty (40) hours per work week.

FULL-TIME REGULAR EMPLOYEE: Is an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than forty (40) hours per work week, has successfully completed the probationary period, and has been retained by the City.

MANAGEMENT LEAVE: Is paid leave granted by Section 8.2 of these Personnel Rules designed to recognize the hours worked beyond the normal work week by an employee .

PART-TIME EMPLOYEE: An employee who is hired into a position for less than forty (40) hours per week.

PERSONNEL OFFICER: The City Manager or the individual designated by the City Manager to administer the personnel system.

PERSONNEL ORDINANCE: Lake Forest Municipal Code Chapter that creates a personnel system for the City.

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2 POSITION: A group of duties and responsibilities in the competitive service requiring full-time or part-time employment of one (1) person.

PROBATIONARY EMPLOYEE: An employee who has been appointed to a position, who is currently in the working test period where the employee is required to demonstrate the fitness for the position to which he/she is appointed by actual performance of the duties of the position.

PROBATIONARY PERIOD: A working test period during which an employee is required to demonstrate the fitness for the position to which he/she is appointed by actual performance of the duties of the position.

PROMOTION: The movement of an employee from one class to another classification having a higher maximum rate of pay.

PROVISIONAL EMPLOYEE: A temporary appointed employee who possesses the minimum training and experience qualifications for a particular position and appointed to a vacant position in the absence of available eligible individuals from an employment list or during a temporary vacancy due to another employee’s leave of absence.

REGULAR EMPLOYEE: An employee who has successfully completed his/her probationary period and has been retained as provided in these Personnel Rules.

REINSTATEMENT: The employment without examination of a former regular employee or probationary employee.

SALARY: The amount of compensation provided to an employee in the classified service, within a maximum and minimum range of pay that corresponds to the classification of the position held by that employee and is based upon the classification plan and compensation schedule, adopted by the City Council.

SUSPENSION WITHOUT PAY: The temporary separation from the service of any employee, without pay, for disciplinary purpose.

TEMPORARY EMPLOYEE: An employee who is hired into any classification to meet a short-term need of the City. A temporary employee is employed at-will, does not receive most City provided benefits (except CalPERS benefits if determined to be required by law) and shall be hired for a specified term, not to exceed six (6) months and/or 98099 hours per year, with the express written approval of the City Manager.

TRANSFER: A change of an employee from one position to another position in the same classification or in a comparable class with the same maximum rate of pay.

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2 WAGE: The amount of compensation provided to a part-time, temporary, or seasonal employee, as an hourly rate of pay that corresponds to the position held by that employee as set forth in the Classification Plan and Compensation Schedule, adopted by the City Council.

Item: 7
90 TABLE OF CONTENTS
Page No.

CHAPTER 1 INTRODUCTION................................................................................1

1.1 PERSONNEL SYSTEM .................................................................... 1

1.2 GENERAL PROVISIONS ................................................................. 1

1.3 COMPETITIVE SERVICE................................................................ 2

1.4 APPLICABILITY OF RULES TO CERTAIN POSITIONS
EXCLUDED FROM COMPETITIVE SERVICE .............................3

1.5 PERSONNEL OFFICER.................................................................... 3

1.6 PERSONNEL REPORTS AND FILES ............................................. 4 CHAPTER 2 RECRUITMENT, SELECTION, APPOINTMENT, AND
PROBATION .....................................................................................5

2.1 GENERAL PROVISIONS REGARDING APPOINTMENTS ......... 5

2.2 APPLICATIONS AND APPLICANTS............................................. 5

2.3 PRE-EMPLOYMENT PHYSICAL EXAMINATIONS.................... 6

2.4 EXAMINATIONS.............................................................................. 6

2.5 EMPLOYMENT LISTS…………………………………………….7

2.6 METHOD OF FILLING VACANCIES............................................ 8

2.7 PROBATIONARY PERIOD ............................................................. 9

2.8 BACKGROUND INVESTIGATION .............................................. 11

2.9 TRANSFER, PROMOTION, AND REINSTATEMENT ............... 11 CHAPTER 3 DISCIPLINE .....................................................................................13

3.1 STANDARD FOR DISCIPLINE..................................................... 13

3.2 RANGE OF DISCIPLINARY ACTION ......................................... 13

3.3 PROGRESSIVE DISCIPLINE......................................................... 13

3.4 IMPOSITION OF DISCIPLINE ...................................................... 15

3.5 PLACEMENT IN PERSONNEL FILE ........................................... 17

3.6 EMPLOYEE ACKNOWLEDGMENT............................................ 17

3.7 ADMINISTRATIVE LEAVE.......................................................... 17

3.8 EMERGENCY SUSPENSION ........................................................ 18 Item: 7
91 3.9 TIME EXTENSIONS....................................................................... 18

3.10 DELIVERY OF NOTICE ................................................................ 18

3.11 RIGHT OF APPEAL........................................................................ 18

3.12 RULES ON APPEAL TO THE CITY MANAGER ........................ 19 CHAPTER 4 COMPLAINT AND GRIEVANCE PROCEDURE .........................21

4.1 PURPOSE OF COMPLAINT AND GRIEVANCE PROCEDURE 21

4.2 DEFINITIONS ................................................................................. 21

4.3 COMPLAINT PROCEDURE .......................................................... 21

4.4 GRIEVANCE PROCEDURE .......................................................... 22

4.5 GENERAL PROVISIONS ............................................................... 23 CHAPTER 5 SEPARATION FROM SERVICE ....................................................24

5.1 DISCHARGE/TERMINATION ...................................................... 24

5.2 LAY OFF.......................................................................................... 24

5.3 RESIGNATION ............................................................................... 24

5.4 JOB ABANDONMENT................................................................... 25

5.5 RETIREMENT ............................................................................... 25 CHAPTER 6 COMPENSATION AND HOURS ...................................................26

6.1 CLASSIFICATION POLICY .......................................................... 26

6.2 FULL-TIME SALARY ADMINISTRATION POLICIES.............. 27

6.3 PART-TIME WAGE ADMINISTRATION POLICIES.................. 27

6.4 PERFORMANCE COMPENSATION PLAN................................. 28

6.5 WORKING HOURS ........................................................................ 30

6.6 PAY PERIODS AND PAY DAYS .................................................. 30

6.7 PAYROLL DEDUCTIONS ............................................................. 31

6.8 COMPENSATION FOR OVERTIME ............................................ 32

6.9 PAY FOR SERVING IN HIGHER JOB CLASSIFICATION ........ 33 CHAPTER 7 EMPLOYEE BENEFITS..................................................................34

7.1 HEALTH AND LIFE INSURANCE ............................................... 34

7.2 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM . .................... 34 Item: 7
92 7.3 PHYSICAL EXAMINATION ALLOWANCE............................... 35

7.4 CELL PHONE ALLOWANCE........................................................ 35

7.5 WORKERS’ COMPENSATION ..................................................... 35

7.6 DEFERRED COMPENSATION ..................................................... 35

7.7 TRAINING OF EMPLOYEES . ..................................................... 36

7.8 EXPENSE ALLOWANCES ............................................................ 37

7.9 LONG-TERM DISABILITY ........................................................... 38

7.10 SHORT-TERM DISABILITY ......................................................... 38

7.11 CONFERENCES, SEMINARS, AND MEMBERSHIPS................ 38

7.12 INSURANCE/BENEFIT PLANS .................................................... 38 CHAPTER 8 LEAVE..............................................................................................39

8.1 VACATION LEAVE ....................................................................... 39

8.2 MANAGEMENT LEAVE ............................................................... 40

8.3 HOLIDAYS...................................................................................... 40

8.4 SICK LEAVE ................................................................................... 40

8.5 FAMILY AND MEDICAL LEAVE POLICY ................................ 47

8.6 BEREAVEMENT LEAVE .............................................................. 47

8.7 MILITARY LEAVE......................................................................... 48

8.8 LEAVE OF ABSENCE WITHOUT PAY ......................................49

8.9 SCHOOL ACTIVITY LEAVE ........................................................ 49

8.10 JURY DUTY LEAVE ...................................................................... 50

8.11 ADMINISTRATION OF LEAVE ...................................................50 CHAPTER 9 MISCELLANEOUS..........................................................................51

9.1 NON-DISCRIMINATION POLICY ............................................... 51

9.2 POLITICAL ACTIVITY.................................................................. 51

9.3 POLITICAL ACTIVITIES OF PUBLIC EMPLOYEES................. 51

9.4 RIGHT TO CONTRACT FOR SPECIAL SERVICES ................... 51

9.5 SEVERABILITY.............................................................................. 52

9.6 CONFIDENTIAL POSITIONS ....................................................... 52

9.7 ADDITIONAL POLICIES INCORPORATED HEREIN ............... 52 Item: 7
93 Paragraph 1: Family and Medical Leave Policy.............................52 Paragraph 2: Disability Discrimination Policy...............................52 Paragraph 3: Harassment, Discrimination, and Retaliation Policy.52 Paragraph 4: Substance Abuse Policy. ...........................................52 Paragraph 5: Conflict of Interest Code. ..........................................53 Paragraph 6: Computer and Telecommunications Equipment Use Policy.........................................................................53 Paragraph 7: Electronic Communication Usage and Retention Policy.........................................................................53 Paragraph 8: Violence in the Workplace Policy.............................53 Paragraph 9: Military Leave Policy................................................53

9.8 DEFINITION OF TERMS ............................................................... 53 EXHIBIT A -- Benefits Matrix ....................................................................A-1 Item: 7
94 Exhibit A
Item: 7
95 Benefits By Category Matrix
Effective January 1, 2023
Category Car Allowance Life
Insurance
Additional
Vacation
Administrative
Leave (Hours) Cell Phone1 City's 20322 Health
Contribution (monthly)
City's 20232 Dental
Contribution
(monthly)
City's 20232
Vision
Contribution
(monthly)
A
$400/month or
City vehicle per
City discretion
1 x Annual
Salary 40 hours 40 $100 ACM
$80 DH
B
$250/month or
City vehicle per
City discretion
1 x Annual
Salary or
75,0002
(max)
No 24 $80 ATCM
$30 MGR
C No $50,000 No 16 No
D No $50,000 No No No
Employee only:
$752.01691.95($701.01645.09
LA) or 95% of the selected
premium, whichever is less
Employee + 1:
$1,504.08
383.95($1,402.03289.87 LA) or
95% of the selected premium,
whichever is less
Family: $1,955.25
799.09($1,822.64677.21 LA) or
95% of the selected premium,
whichever is less
HMO
Employee Only:
$15.05
Employee + 1: $27.47
Family: $40.51
PPO
Employee Only:
$66.74
Employee + 1:
$135.26
Family: $204.28
Employee Only:
$18.16
Employee + 1:
$26.30
Family:
$46.76

A B C D
Assistant City Manager Accounting Manager Associate Planner Accountant City Clerk Administrative Services Manager Accounting Supervisor Assistant City Clerk Deputy City Manager Assistant Director of Community Development Code Enforcement Supervisor Accounting Technician Director of Community Services Assistant Director of Finance Communications & Marketing Analyst Administrative Specialist
Director of Community Development Assistant to the City Manager Communications & Marketing Specialist Assistant Planner
Director of Economic Development Communications & Marketing Manager Environmental Compliance Inspector Audio Visual Technician
Director of Finance Economic Development/Housing Manager Executive Assistant Building Permit Technician Director of Management Services Economic Development Manager Facilities Supervisor Code Enforcement Officer Director of Public Works/City Engineer Engineering Services Manager/Assistant City Engineer Finance Analyst Community Preservation Technician Environmental Manager GIS/Applications Analyst Engineering Aide Facilities Manager Information Technology Analyst Engineering Technician Housing Manager Information Technology
Specialist Facilities Maintenance Specialist
Item: 7
96 Benefits By Category Matrix
Effective January 1, 2023
1 May receive cell phone allowance or City paid cell phone but not both 2 Grandfathered as of 08/22/2012. Positions filled prior to 08/22/2012 will receive the benefits of Category B, positions filled on or after 08/22/2012 will receive the benefits of Category C.

A B C D
Human Resources Manager Landscape Administrator GIS/Applications Technician Information Technology Manager Management Analyst Human Resources Technician Planning Manager Management Assistant Management Aide
Public Safety Manager Principal Civil Engineer Permit Technician Public Works Maintenance Manager Principal Planner Planning Aide Recreation Manager Public Works Supervisor Receptionist/Cashier Traffic Engineer Manager Recreation Supervisor Records Coordinator Senior Accountant Records Specialist
Senior Communications &
Marketing Analyst Senior Accounting Technician
Senior Finance Analyst Senior Building Permit Technician Senior Landscape Administrator Senior Code Enforcement Officer Senior Management Analyst Senior Office Specialist
Senior Planner *2 Senior Permit Technician
Senior Recreation Supervisor Street Maintenance Administrator Item: 7
97 ATTACHMENT 3
Item: 7
98 RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LAKE FOREST, CALIFORNIA,

ADOPTING AN AMENDMENT OF THE PERSONNEL RULES AND

REGULATIONS

THE CITY COUNCIL OF THE CITY OF LAKE FOREST DOES
HEREBY RESOLVE AS FOLLOWS:

WHEREAS, the City has adopted and amended, from time to time, the Personnel Rules and Regulations in accordance with Municipal Code Sections

2.60.030 and 2.60.050; and
WHEREAS, the City Council now desires to make changes to the Personnel Rules and Regulations to ensure compliance with new laws and to conform to current practices; and

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

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

SECTION 1. The City Council approves the amendments to the Personnel Rules and Regulations, attached hereto as Exhibit A, and directs the Personnel Officer to have those changes incorporated into the Personnel Rules and Regulations and disseminated to all employees affected by the changes.

PASSED, APPROVED AND ADOPTED this ___ day of _____, 2022 by the following vote, to wit:
_____________________

ROBERT PEQUENO
MAYOR
ATTEST:
______________________________

LISA BERGLUND

CITY CLERK
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99 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.__ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the ___ day of _____, 2022 by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_______________________

LISA BERGLUND

CITY CLERK
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EXHIBIT
A
NOTE: A clean version of the Personnel Rules and Regulations will be attached if approved by the City Council. Please see Attachment 2 for a red- lined (underline/strike-out) version of the Personnel Rules and Regulations.

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CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2022
DEPARTMENT: City Manager
SUBJECT:

AWARD AN AGREEMENT FOR TRAUMA INTERVENTION SERVICES
RECOMMENDED ACTION(S):

1. Award a three-year Professional Consultant Services Agreement with a compensation amount not-to-exceed $30,810 to Trauma Intervention Program of Orange County for support services to victims of traumatic events.

2. Authorize the Mayor to sign, and the City Clerk to attest, the Agreement with Trauma Intervention Program of Orange County, substantially in the form attached.

EXECUTIVE SUMMARY:

The Trauma Intervention Program (“TIP”) of Orange County is a chapter of the Trauma Intervention Program, Inc., a national non-profit organization. TIP of Orange County was founded in 1995 and continues to play a vital role in providing services to victims of traumatic events. After an incident, either the Orange County Fire Authority (“OCFA”) or the Orange County Sheriff’s Department (“OCSD”) request the services of a TIP of Orange County volunteer.

The volunteer(s) will arrive at a scene typically within 30 minutes to provide emotional support to survivors of tragedy, such as after a house fire or the unexpected death of a family member. Once briefed on the situation, the TIP volunteer talks with the family, provides consoling, coordinates any resource needed such as food or shelter, or anything to meet the needs of the victims or family members to help ease their immediate suffering and facilitate their healing and long-term recovery.

Lake Forest Municipal Code Section 3.12.160 authorizes contracts for professional services without utilizing a request for proposals procedure if the City Council determines that use of the request for proposals procedure is not in the best interest of the City. In this case, TIP of Orange County is the sole provider of trauma intervention services utilized by the Orange County Sheriff’s Department. Further, due to the specialized nature of the services, staff could not identify an alternate service provider. Therefore, staff recommends the City Item: 8
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Council approve the proposed three-year Professional Consultant Services Agreement with TIP of Orange County with a compensation amount of $30,810 (Attachment 1). The 2021-2023 Operating Budget includes sufficient funds to cover the costs of the recommended action.

BACKGROUND:

The City of Lake Forest residents have benefited from the services of TIP of Orange County since the chapter’s inception in 1995. TIP of Orange County volunteers are available 24 hours a day, 365 days a year to assist anyone impacted or distraught by a traumatic event including:
•Family and friends following a natural or unexpected death •Victims or witnesses of crime, including rape, assault, robbery, burglary, or kidnapping
•Victims of fire or flood
•Families of missing persons
•Disoriented or lonely older persons
•Survivors, witnesses, bystanders or family of those involved in accidents •Survivors of suicide
•Employees after workplace incidents
•Survivors of mass casualty or disasters
Orange County Fire Authority (“OCFA”), Orange County Sheriff’s Department (“OCSD”), or California Highway Patrol can contact TIP of Orange County to assist at an event location to provide support to family/friends, while public safety personnel can focus on the situation/event. This is a conduit to provide services and assistance in times where people may be distraught and require the emotional support and professional assistance TIP of Orange County provides.

TIP of Orange County volunteers are trained professionals in mental health, law enforcement, behavior health, and counselors who have experienced or have helped those that have experienced emotional crisis situations. The level of specially trained services provided by TIP of Orange County far exceeds the cost. The ability to provide emotional and practical support services to the families of Lake Forest are invaluable. TIP of Orange County volunteers can provide on-scene emotional support to clients as well as arrange for shelter, food, clothing, and transportation. They can be the liaison between law enforcement and emergency personnel. TIP of Orange County volunteers will provide information and referrals to appropriate service providers and agencies for on-going support and advocate for vulnerable victims as long as they are needed even extending past the initial contact. To date, the City has not received any complaints regarding the volunteers or service from TIP.

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DISCUSSION:

On average, TIP of Orange County had 90 active volunteers during July 1, 2021 through June 30, 2022. The volunteers are available 24 hours a day, 7 days a week and 365 days per year. They respond on average within 20 minutes. The following information (Table 1) provides statistical information for Lake Forest residents between July 1, 2021, through June 30, 2022:

Table 1. TIP of Orange County Activities, Fiscal Year 2021-22 Orange County – Residents served 6,804
Lake Forest Residents served 196
Lake Forest follow up
(calls, referrals, information, feedback)
255
Lake Forest – on scene volunteer hours 258+
Average response time 21 minutes
Ready Alert Hours in Orange County* 38,880
Volunteer Continuing Education 3,240 hours
Reliability - Calls responded upon request 100%
*Ready Alert Hours are hours that volunteers are ready for immediate action and response. TIP volunteers must be prepared and ready to respond within three minutes of being requested by first responders.

Additional information and facts can be found in the City of Lake Forest – TIP Annual Report Services Breakdown and Statistics (Attachment 2).

TIP of Orange County determines its fees based on a rate of $.12 per capita based on the local population data obtained from Census.gov. For the past 27 years, the cost of TIP services was below the purchasing threshold of $10,000.

As the city grew and the population increased, the total cost of services also increased.

Tip of Orange County is the only known organization that works closely with OCSD, OCFA, and all Orange County law enforcement and fire agencies. Lake Forest Police Services staff is highly complementary of TIP of Orange County services. Deputies can focus on the scene investigation while TIP volunteers are able to take care of the family members, especially when death is involved. TIP volunteers guide the family through the next steps of what is to come.

Lake Forest Municipal Code Section 3.12.160 authorizes contracts for professional services without utilizing a request for proposals procedure if the City Council determines that use of the request for proposals procedure is not in the best interest of the City. In this case, TIP of Orange County is the sole Item: 8
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provider of trauma intervention services utilized by the Orange County Sheriff’s Department. Further, due to the specialized nature of the services, staff could not identify an alternate service provider.

Staff recommends that it would be in the best interests of the City and its residents that the City Council approves a three-year Professional Consultant Services Agreement with TIP of Orange County for an amount not-to-exceed $30,810.

FISCAL IMPACT:

The proposed Professional Consultant Services Agreement with TIP of Orange County includes a total compensation amount of $30,810 for a term of three years. Sufficient funding is included in the 2021-2023 Operating Budget to cover the cost of recommended action.

ATTACHMENTS:

1. Professional Consultant Services Agreement with TIP of OC

2. TIP of OC Annual Report FY 2021-22
Initiated By: Sharlyn de la Paz, Senior Management Analyst Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2022
DEPARTMENT: Public Works
SUBJECT:

ACQUISITION OF A PORTION OF A PARCEL ON THE SOUTHWEST

CORNER OF BAKE PARKWAY AND TRABUCO ROAD/IRVINE BOULEVARD

FROM SOUTHERN CALIFORNIA EDISON FOR THE PURPOSE OF A

ROADWAY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
RECOMMENDED ACTION(S):

1. Authorize the City Manager to execute the Agreement for Acquisition of Real Property.

2. Direct staff to issue a payment in the amount of $340,000 to Southern California Edison.

3. Authorize the City Manager or her designee to perform any additional acts necessary to complete the above transaction.

EXECUTIVE SUMMARY:

The Lake Forest Transportation Mitigation (“LFTM”) project at the intersection of Bake Parkway and Irvine Boulevard/Trabuco Road will convert the northbound dedicated right turn lane on Trabuco into a 4th through/right-lane; restripe the southbound #3 through lane on Irvine Boulevard into a through/right-lane; add a second eastbound left turn lane on Bake Parkway; restore the second left turn lane on westbound Bake Parkway; and provide a dedicated right-turn lane on eastbound Bake Parkway.

Additional right-of-way, adjacent to Bake Parkway, is needed for this improvement. Staff contacted the adjacent property owner, Southern California Edison (“SCE”), regarding acquiring a roadway easement and temporary construction easement for the project. The subject parcel was appraised, and on April 14, 2021, the City submitted an offer of $340,000 for the property to SCE, conditional upon formal action of the City Council authorizing the purchase. The funds for acquisition of the subject parcel are included in the LFTM Budget for the Bake Parkway/Trabuco Road Intersection Improvements (PW2019-02). The Item: 9
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funds for acquisition of the subject parcel are included in the LFTM Budget for the Bake Parkway Trabuco Road Intersection Improvements (PW2019-02).

BACKGROUND:

On June 18, 2019, the City Council adopted the Fiscal Year 2019-2021 Capital Improvement Projects, which included project PW 2019-02 to convert the (1) northbound dedicated right turn lane on Trabuco Road into a 4th through/right- lane; (2) restripe the southbound #3 through lane on Irvine Boulevard into a through/right-lane; (3) add a second eastbound left turn lane on Bake Parkway; restore the second left turn lane on westbound Bake Parkway; and (4) provide a double left-turn and dedicated right-turn lane on eastbound Bake Parkway (see Graphic 1).

Graphic 1: PW 2019-02 Project Map
This Capital Improvement Project PW 2019-02 was identified in the City’s LFTM program and will mitigate future traffic impacts on this intersection from the new residential developments in the city. As such, the project will enhance the traffic flow at this intersection and improve the intersection’s Level of Service (“LOS”).

To accommodate the second eastbound left-turn lane on Bake Parkway, the City is acquiring a road easement and temporary construction easement consisting of Item: 9
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approximately 4,850 square feet of land from SCE, the owner of the property (portion of APN 591-075-03) that is directly adjacent to Bake Parkway right-of- way.

The City had the subject property appraised (Attachment 1) and based on the appraisal, an offer of $340,000 was made to the SCE on April 14, 2021 (Attachment 2). In the letter, the offer was contingent upon the City Council ratifying the offer by formal action taken at a regular public meeting.

Graphic 2 shows the general location of the roadway easement and temporary construction easement proposed to be acquired. The Grant of Roadway Easement and Grant of Temporary Construction Easement and related legal descriptions for both are included as attachments (Attachment 3 and 4).

Graphic 2: General location of the proposed property
Trabuco
Road
Cromwell
Bake
Parkway
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DISCUSSION:

On October 5, 2022, SCE provided the City with the final version of the Agreement for Acquisition of Real Property for the purchase and sale of a road easement and temporary construction easement on Bake Parkway between Trabuco Road and Cromwell (Attachment 5).

SCE is requesting the City execute the Agreement for Acquisition of Real Property and return the executed document to them to proceed with the acquisition process. The acquisition needs to be approved by the California Public Utilities Commission (“CPUC”) prior to SCE completing the grant of easement. Once approved by the CPUC, the City would need to provide SCE with a payment in the amount of $340,000 to complete the acquisition process.

Due to the widening of the roadway, SCE is required to relocate its transmission lines along the newly acquired property along Bake Parkway. That work is currently planned by SCE to occur during the first quarter of 2023. Once the utility relocation work is underway, and the property acquisition process is complete, the plans and specifications would be finalized for bidding purposes and the project bid out for construction. This should occur after the first quarter of 2023 if SCE completes its work in accordance with the current schedule.

FISCAL IMPACT:

The project was identified in the LFTM program and uses the LFTM funds. The fiscal impact of the recommended action is $340,000 for the acquisition of the parcel described by the Grant of Easement. The funds for acquisition of the subject parcel are included in the LFTM Budget for the Bake Parkway Trabuco Road Intersection Improvements (PW2019-02).

ATTACHMENTS:

1. Appraisal of Parcel

2. Offer Letter to SCE

3. Grant of Roadway Easement and Legal Description

4. Grant of Temporary Construction Easement and Legal Description

5. Purchase and Sale Agreement with SCE
Initiated By: Douglas Erdman, Assistant City 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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BAKE PARKWAY IN IRVINE - SC EDISON - ROADWAY EASEMENT

SUMMARY STATEMENT
1 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
ATTACHMENT NO. 1

APPRAISAL SUMMARY STATEMENT

CITY OF IRVINE

NWC BAKE PARKWAY AND IRVINE BOULEVARD
ASSESSOR’S PARCEL NO. 591-075-03
DATE OF REPORT:

DATE OF VALUE:

INTEREST TO BE ACQUIRED:

PROJECT DESCRIPTION:

April 6, 2021
December 10, 2020
Roadway Easement
The City of Lake Forest has decided to ap praise all or a portion of the subject property known by the County of
Orange’s Assessor’s Parcel No. 591-075-03 located on the northwest corner of Bake Parkway and Irvine Boulevard
just north of the 5 Freeway in the City of Irvine, County of Orange with an address of 14155 Bake Parkway, Irvine, CA 92618. The project will create a roadway easement
affecting one property. The project will benefit both the subject property as well as the community as a whole as it will improve traffic flow.

The subject is an 18.86-acre or 821,716-square-foot site.

The subject is improved with industrial/office buildings owned by Southern California Edison. The Project
proposes to acquire (“take”) a 4,850 square feet portion of APN# 591-075-03 for a permanent roadway easement
and 12,847 squar e feet for a temporar y construction
easement (TEC) for 6 months.

PROPERTY SUMMARY:

APN Site Address Owner Name Zoning Site Size
591-075-03 14155 Bake Parkway,
Irvine, Orange County,
California 92618
Southern California
Edison

5.4 General
Industrial 821,716 SF
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BAKE PARKWAY IN IRVINE - SC EDISON - ROADWAY EASEMENT

SUMMARY STATEMENT

2 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
SUBJECT PROPERTY DATA:

The subject property is improved with industrial/office buildin gs and has curbs, gutters, and sidewalks along the street frontage of Bake Parkway and Irvine Boulevard. The site is generally level and is rectangular in shape. It is assumed that all utilities a re available and adequate for the current use. The site has a corner lot location with good visibility an d access. A parcel survey map and legal description of the subject site is presented on the following p ages. The highest and best use of the subject “as vacant” is to develop an industrial/office development.

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SUMMARY STATEMENT

3 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
PARCEL MAP – ROADWAY EASEMENT (PAGE 1 OF 2)

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SUMMARY STATEMENT

4 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
PARCEL MAP – ROADWAY EASEMENT (PAGE 2 OF 2)

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BAKE PARKWAY IN IRVINE - SC EDISON - ROADWAY EASEMENT

SUMMARY STATEMENT

5 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
LEGAL DESCRIPTION – ROADWAY EASEMENT (PART 1 OF 2)

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SUMMARY STATEMENT

6 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
LEGAL DESCRIPTION – ROADWAY EASEMENT (PART 2 OF 2)

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SUMMARY STATEMENT

7 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
PARCEL SURVEY MAP: TEMPORARY CONSTRUCTION EASEMENT (PAGE 1 OF 2)

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SUMMARY STATEMENT

8 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
PARCEL SURVEY MAP: TEMPORARY CONSTRUCTION EASEMENT (PAGE 2 OF 2)

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SUMMARY STATEMENT

9 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
LEGAL DESCRIPTION – TEMPORARY CONSTRUCTION EASEMENT (PAGE 1 OF 2)

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SUMMARY STATEMENT

10 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
LEGAL DESCRIPTION – TEMPORARY CONSTRUCTION EASEMENT (PAGE 2 OF 2)

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SUMMARY STATEMENT

11 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
Description of Parts to be Acquired
Take Area(s): A permanent taking for a roadway easement of 4,850 square fee t and 12,847 square feet for a temporary construction easement (TEC) for 6 months.

Basis of Just Condemnation
The fair market value for the property to be acquired is based upon an appraisal, prepared in accordance with accepted appraisal principles and methodologies (see attached Definitions). The amount of this offer is the full amount believed to be Just Compensation for the subject property.

Any increase or decrease in the fair market value of the subjec t p r o p e r t y a s o f t h e d a t e o f v a l u e caused by the public improvement for which such property is bei ng acquired, other than that due to physical deterioration within th e reasonable control of the pro perty owner, has been disregarded in determining Just Compensation.

Appraisal Methodology
There are three recognized methods employed when valuing real p roperty–(1) the Sales Comparison Approach, (2) the Income Approach and (3) the Replacement Cost Approach. The value estimates, as indicated by the three approaches, are then reconciled into a f inal estimate of the property’s market value. In the final reconciliation, the appraiser weights the relative significance, defensibility and applicability of each approach depending on the quantity and qu ality of data and upon the type of property being appraised.

There appears to be unity of title and contiguity with the owne rship and use of the subject property.

T h e p r o j e c t i s f o r a r o a d w a y e a s e m e n t o n o n e p r o p e r t y . T h e p r oject will require permanent and temporary interests in one property in the Project area.

Specific take areas pertaining to the subject property will be discussed in the following valuation section. Since the acquisition (take) area involves only land, we have valued the land only for the purpose of this appraisal. The Sales Comparison Approach is th e m o s t a p p l i c a b l e a p p r o a c h f o r valuing land and thus is the only approach utilized in this app raisal. Furthermore, the acquisitions are not expected to have a significant impact on the continuing use of the subject property as vacant. In conclusion, this analysis will be performed utilizi ng the theory of the “Larger Parcel”. For the purposes of this appraisal, the “Larger Parcel” will refer to the subject site “as vacant” and unimproved.

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SUMMARY STATEMENT

12 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
Sales Comparison Approach
The Sales Comparison Approach is a method of estimating market value whereby a subject property is compared with comparable properties that have sold recently or are available for purchase. One premise of the Sales Comparison Approach is that the market wil l determine a price for the property being appraised in the same manne r that it determines the price s of comparable, competitive properties. Essentially, the Sales Comparison Approach is a sy stematic procedure for carrying out comparative shopping. As applied to real estate, the compariso n is applied to the unique characteristics of the economic good that causes real estate prices to vary.

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SUMMARY STATEMENT

13 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY

COMPARABLE LAND SALE ADJUSTMENT GRID

Subject Sale # 1 Sale # 2 Sale # 3 Sale # 4 Sale # 5 Sale # 6 Date of Value & Sale 12/10/20 11/13/20 5/22/20 12/18/19 8/30/19 6/14/ 19 5/1/19 Property Name Industrial Land Industrial Land Industrial Land Indus trial Land Industrial Land Industrial Land Industrial/Office Land Address 14155 Bake Parkway 1631-1691 W. Lincoln Ave. 15171 Alton P kwy. 1801 Penhall Way 2025 E. Orangewood Ave. Scientific Way 400-70 0 Freedom Ln.

City Irvine Anaheim Irvine Anaheim Anaheim Irvine Aliso Viejo APN 591-075-03 072-110-19, 21 & 050 590-181-02 & 03 072-602-01 083-270- 47,67,69,70,73-75 588-182-58 632-141-12 thru 015 Gross Acres 18.86 ac 7.00 ac 7.81 ac 1.48 ac 14.07 ac 2.99 ac 4.97 ac Gross Square Feet 821,716 sf 304,920 sf 340,204 sf 64,469 sf 612,889 sf 130,157 sf 216,493 sf Unadjusted Sale Price $15,303,000 $18,721,281 $3,420,626 $32,000,00 0 $7,608,000 $10,175,000 Unadjusted Sale Price Per Square Foot $50.19 $55.03 $53.06 $52.21 $58.45 $47.00 Transactional Adjustments
Property Rights Conveyed Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Adjustment ---- - -
Financing Terms Typical Typical Typical Typical Typical Typical Adjustment ---- - -
Conditions of Sale None None None None None None
Adjustment ---- - -
Expenditures after Sale None None None None None None
Adjustment ---- - -
Market Conditions Adjustments
Elapsed Time from Date of Value 0.07 years 0.55 years 0.98 years 1.28 years 1.49 years 1.61 years Market Trend Through 3.0% Per Yr - - 3.0% 4.0% 4.0% 5.0% Analyzed Sale Price $50.19 $55.03 $54.65 $54.30 $60.79 $49.35 Property Adjustments
Location 14155 Bake Parkway 1631-1691 W. Lincoln Ave. 15171 Alton Pkwy. 1801 Penhall Way 2025 E. Orangewood Ave. Scientific Way 400-700 Freedo m Ln.

Irvine Anaheim Irvine Anaheim Anaheim Irvine Aliso Viejo Adjustment 10.0% - 10.0% 5.0% - 5.0%
Size 821,716 sf 304,920 sf 340,204 sf 64,469 sf 612,889 sf 130,157 sf 216, 493 sf Adjustment -10.0% -10.0% -15.0% -3.0% -12.0% -10.0%
Shape/Depth Rectangular Irregular Irregular Rectangular Rectangular Irregular Irregular Adjustment 3.0% 3.0% - - 3.0% 3.0%
Access/Visibility Corner Interior Corner Corner Corner Interior Interior Adjustment 3.0% - - - 5.0% 5.0%
Topography Level Level Level Level Level Level Level
Adjustment ---- - -
Zoning 5.4 General Industrial M IBC - I M I IBC - I I
Adjustment ---- - -
Utilities All To-Site All To-Site All To-Site All To-Site All To-Site All To-Site All To-Site Adjustment ---- - -
Demolition / Contributing Improvements Old Metal Ind Bldg Parking Lot Ind Bldg./Parking Lot Ind Bldg./Parking Lot Vacant Land Vacant Land Adjustment 2.0% 1.0% 2.0% 2.0% - -
Other "Subject As Vacant Land" None None None None None None Adjustment ---- - -
Net Physical Adjustment 8.0% -6.0% -3.0% 4.0% -4.0% 3.0% Adjusted Sale Price per Gross Square Foot $54.20 $51.73 $53.01 $56. 47 $58.36 $50.83 Item: 9
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SUMMARY STATEMENT

14 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
Discussion and Analysis of Land Sales
Adjustments for property interests, special financing, or sales condition adjustments were not necessary. Southern California has been experiencing improveme nt in the economic environment.

A s t h e r e i s v e r y l i m i t e d s u p p l y , v a c a n c y h a s b e e n o n t h e d e c l i ne, rental rates have increased, and property values have been increasing over the past few years, h owever, property values have come to a standstill since March 2020 due to the pandemic. Thus, th e two sales in 2020 have not been adjusted for changes in market conditions. The other more dated sales (3 thru 6) have been adjusted upward by a growth rate of 3% annually. All of the land sales are analyzed, and adjustments are made for differences in the various elements of comparison incl uding location, access/visibility, size, shape, topography, zoning, condition, presence of existing improvements, and other relevant factors.

Adjustments for these elements are based on matched paired anal ysis where possible, discussions with market participants, and the experience and judgment of th e a p p r a i s e r s . T h e t a b l e o n t h e preceding page summarizes the sale comparables and appropriate adjustments.

Land Sale No.1
Land sale no. 1 is located west of the subject, at 1631-1691 W. Lincoln Ave., in the City of Anaheim.

The sale price for this property was $15,303,000, which equates to $50.19 per square foot. The site is located on an interior lot location fronting a moderate traffic street. It is located in an area that is mainly industrial just south of the 5 Freeway. The property is not entitled and is currently a parking lot, old metal industrial building and vacant land. The buyer’s plans for the site are not known. The site is zoned M, which is for in dustrial/office uses. The area is considered inferior in location as it has inferior demographics to the subject. A downward adjustment to the property was made for smaller size. Upward adjustments were necessary to account for the par king lot/building improvements, inferior access/visibility, inferior location, and irregular sh ape. Overall, this comparable was considered slightly inferior to t he subject. After adjustments, this sale provides an indication of land value for the subject at $54.20 per square foot.

Land Sale No.2
Land sale no. 2 is located west of the subject, at 15171 Alton Pkwy., in the City of Irvine. The sale price for this property was $18,721,281, which equates to $55.0 3 per square foot. The site is located on a corner lot location fronting a moderate traffic street. I t is located in an area that is mainly office and industrial just north of the 5 and 405 Freeways close to th e Irvine Spectrum. The property is not entitled and is currently a parking lot. The area is considered similar in location as it is close to the I r v i n e S p e c t r u m a n d i s g o o d f o r an industrial/office developmen t like the subject. A downward adjustment to the property was m ade for smaller size. Upward a djustments were necessary to account for the parking lot impro vements and irregular shape. O verall, this comparable was considered similar to the subject. After adjustments, this sale provides an indication of land value for the subject at $51.73 per square foot.

Land Sale No.3
Land sale no. 3 is located northwest of the subject, at 1801 Pe nhall Way, in the City of Anaheim. The sale price for this property was $3,420,626 which equates to $5 3.06 per square foot. The site is a corner site off a minor 2-lane traffic street just north of the 5 Freeway. The property is located in a small office/industrial area with surrounded by single family r esidences. The site was an old i n d u s t r i a l b u i l d i n g a n d p a r k i n g l o t a t t h e t i m e o f s a l e . T h e site is zoned M, which is for industrial/office uses. The buyer’s intentions were not known. The propert y is inferior in location demographically. The site is conducive to industrial/office use s. This comparable is much smaller in Item: 9
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SUMMARY STATEMENT

15 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
size, however, similar in topography, access/visibility, shape, zoning and presence of utilities to the s u b j e c t . A s m a l l p o s i t i v e a d j u s t m e n t w a s r e q u i r e d f o r c o n t r i b u ting improvements. Overall, this comparable was considered similar to the subject. After adjustm ents, this sale provides an indication of land value for the subject at $53.01 per square foot.

Land Sale No.4
Land sale no. 4 is located northwest of the subject, at 2025 E. O r a n g e w o o d A v e . , i n t h e C i t y o f Anaheim. The sale price for thi s property was $32,000,000 which equates to $52.21 per square foot.

The site is a corner site off a moderate 4-lane traffic street just west of the 57 Freeway and adjacent to Angel Stadium. The property is located in a mainly retail/o ffice area with some older industrial surrounded by older single family residences and newer condomin iums/apartments. The site was an old industrial building and parking lot at the time of sale. The buyer reportedly wants to put a mixed use project on the site, however, no plans have been submitted to the City of Anaheim. The site is z o n e d I , w h i c h i s f o r i n d u s t r i a l / o f f i c e u s e s . T h e p r o p e r t y i s inferior in location demographically, however, offsetting this is the fact that the site is adjacent to the main parking lot to Angel Stadium.

The site is also part of the Platinum Triangle area, which incl u d e s t h e H o n d a C e n t e r . T h e s i t e i s conducive to industrial/office uses. This comparable is smaller in size, however, similar in topography, access/visibility, shape, zoning and presence of utilities to t he subject. A small positive adjustment was required for contributing improvements. Overall, this compa rable was considered similar to the subject. After adjustments, this sale provides an indication of land value for the subject at $56.47 per square foot.

Land Sale No.5
Land sale no. 5 is located west of the subject, at Scientific W ay, in the City of Irvine. The sale price for this property was $7,608,000 which equates to $58.45 per square foot. The site is an interior site off a minor 2-lane traffic street southwest of the 5 and 405 Freeways . T h e p r o p e r t y i s l o c a t e d i n a n industrial/office area that is part of the Irvine Spectrum. Th e site was vacant land at the time of sale.

The site is zoned IBC-I, which i s for industrial/office uses. The property is similar in location as it is located very close to the 5 Freew ay and Irvine Spectrum like th e s u b j e c t . T h e s i t e i s c o n d u c i v e t o industrial/office uses. This comparable is much smaller in size , inferior in access/visibility, inferior in shape, however, similar in zoning, topography, and presence of utilities to the subject. Overall, this comparable was considered similar to the subject. After adjustm ents, this sale provides an indication of land value for the subject at $58.36 per square foot.

Land Sale No.6
Land sale no. 6 is located south of the subject, at 400-700 Fre edom Ln., in the City of Aliso Viejo. The sale price for this property was $10,175,000 which equates to $ 47.00 per square foot The site is an interior site off a minor 2-lane traffic street south of the 5 Freeway. The property is located in a very small industrial/office area surrounded by mid-life single fami ly residences and vacant land. The site was vacant land at the time of sale. The buyer will most likel y build a corporate office. The site is z o n e d I , w h i c h i s f o r i n d u s t r i a l / o f f i c e u s e s . T h e l o c a t i o n i s considered inferior based on its more isolated location further south from central Orange County and lower demographics. The site is conducive to industrial/office u ses. This comparable is much sm aller in size, inferior in access/visibility, inferior in shape, however, similar in zonin g, topography, and presence of utilities to the subject. Overall, this comparable was considered similar to the subject. After adjustments, this sale provides an indication of land value for the subject at $50.83 per square foot.

Item: 9
155

BAKE PARKWAY IN IRVINE - SC EDISON - ROADWAY EASEMENT

SUMMARY STATEMENT

16 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
Conclusion of Land Value
From the market data available, six land sales in competitive m arket areas which were most comparable to the subject were selected. We adjusted the compar able sales based on pertinent elements of comparison as discussed earlier and summarized the adjustments in the preceding adjustment grid.

Location adjustments were primarily based on demographics of th e area, the property’s location in relation to major roadways and freeways, and the proximity of t he property to the major Orange County and Los Angeles County mark ets. The subject fronts two m oderate traffic streets in an area, which is primarily industrial/office in nature with single fami ly residences, and vacant land surrounding the subject very close to the 5 and 405 Freeways an d the Irvine Spectrum. Size adjustments are typically based on the premise that smaller par cels sell for more on a square foot basis than larger parcels due to the smaller requirements neede d for purchase and site i m p r o v e m e n t s . A d j u s t m e n t s f o r l o t s i z e w e r e m a d e t o a c c o u n t f or this variation. Only minor to m od er a t e a d j u s t m en t s wer e r eq u i r ed f or l oc a t i on a s a l l of t h e comparables are located in Orange County in similar industrial/offi ce areas within a reasonable d istance from the subject. The subject is a corner lot, which is similar to superior to all of the comparables, and is similar in zoning to all of the comparables, superior to simila r i n s h a p e t o a l l o f t h e c o m p a r ables, similar to superior in access/visibility to all of the comparables, larger in size to all of the comparables as large sites like the subject are very rare in the surrounding area, and is simil ar in presence of utilities to all of the comparables. Overall, the sales provide very good support for deriving a value.

Land Sale No. 2 and 5 are both in the same area of the City of Irvine and are very similar in zoning.

L a n d S a l e 1 , 3 a n d 4 a r e i n t h e C i t y o f A n a h e i m , h o w e v e r , a r e similar in presence of utilities, and z o n i n g . S a l e 6 i s i n t h e n e a r b y C i t y o f A l i s o V i e j o , h o w e v e r , is further south from central Orange County.

O v e r a l l , t h e s a l e s p r o v i d e a r e asonable range of value and prov ide a good indication of current values. In conclusion, we have given the greatest weight to Sales 2 & 5, which are both located in the Irvine Spectrum submarket. However, given the value premise fo r just compensation purposes, we have selected a price per square foot near the upper end of the adjusted range, which was determined to be $58.00 per square foot. The land valuation is summarized as follows:

Land Comparable Statistics
Metric Unadjusted Adjusted
Minimum Sale Price per Sq. Ft. $47.00 $50.83
Maximum Sale Price per Sq. Ft. $58.45 $58.36
Median Sale Price per Sq. Ft. $52.64 $53.61
Mean Sale Price per Sq. Ft. $52.66 $54.10
Item: 9
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SUMMARY STATEMENT

17 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY

LAND VALUE INDICATION

Land Valuation
Land Area (square feet) 821,716
Indicated Value PSF $58.00
Indicated Value $47,659,519
Final Land Value Determination from Sales Comparison Approach (Rd.) $47,660,000 Item: 9
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BAKE PARKWAY IN IRVINE - SC EDISON - ROADWAY EASEMENT

SUMMARY STATEMENT

18 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
Condemnation Analysis
The subject acquisitions are not expected to have an impact on the continued use of the subject property. The subject larger parcel is assumed to be approxima tely 18.86 acres or 821,716 square feet based on the Orange County Assessor’s Plat Map. Plat Maps provided by Paragon Partners Ltd. via Patrick A. McMichael, Profe ssional Land Surveyor, show the permanent taking for the roadway easement and the temporary construction easement. The subject i s improved with industrial/office buildings. The proposed acquisition area is expected to take a small portion of the subject’s site close to the eastern boundary close to Bake Parkway and Irvine Boulev ard. The subject takings include a permanent taking of a 4,850 square foot permanent taking for a roadway easement and a 12,847 square foot temporary construction easement for 6 m on t h s . Th e v a l u e o f t h e P a r t s t o b e t a k en is considered as a portion of the value of the Larger Parcel. Thu s, for the purpose of estimating the land value of the subject “as if vacant”, the Larger Parcel has been estimated at a market value of $47,660,000 or $58.00 per square foot.

Description of the Part T aken
The City of Lake Forest is planning a roadway easement on one p roperty within the City of Irvine.

This is a public project, which will require the purchase of pa rtial interests affecting a portion of one p a r c e l l o c a t e d w i t h i n t h e P r o j e c t a r e a . T h i s p r o j e c t p r o p o s e s to take a permanent taking for a roadway easement of 4,850 square feet starting close to the southern boundary of the subj ect site and runs north for approximately 850 square feet. This easemen t i s n e c e s s a r y t o s u p p o r t t h e construction of a roadway easement. The elongated shaped roadwa y easement runs north/south parallel to Bake Parkway along the eastern boundary of the subj ect site. The land area measures approximately 850 feet long and is approximately 10 feet in max imum width. Presently, the area is a landscaped area, which is estimated to contain approximately 4, 850 square feet. The City of Lake Forest will construct the roadway easement. A diagram of this p art taking, a legal description, and photos are shown on the following pages.

Analysis of the Part T aken
In the Land Sales Analysis, a value indicator of $58.00 per square foot is attributed to the land area for the larger parcel. The part to be taken is 4,850 square feet for the development of a permanent roadway easement. Thus, the impact to the subject would consti tute a full taking of this land area.

Any site improvements impacted by this taking will be replaced or put back in a manner similar to their current state. Work will also allow for continued ingres s and egress to the site. The location of this land area is close to the eastern boundary of the site alo ng Bake Parkway. It is assumed that the City of Irvine will provide a waiver for any setback requiremen t that is no longer in place due to the taking. As a permanent partial interest it will be 100% of the market value of the land area impacted.

Therefore, utilizing a rate of 100% results in a value conclusi on for the proposed roadway easement of $281,300. This calculation is shown in the table below.

PERMANENT PARTIAL TAKING: ROADWAY EASEMENT

Area of Value % of Value
Parcel Type Part Taken Per SF Value Conclusion
Roadway Easement 4,850 SF $58.00 100% $281,300
Item: 9
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SUMMARY STATEMENT

19 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
In addition to the reimbursement for the partial take of land, site improvements contained on the property will be removed and not replaced. As a result, one wo uld expect the owner of the property be reimbursed 100% of the cost to replace those lost improvemen ts. We have utilized Marshall Valuation Service Manual, a widely used construction costs guid e, to estimate the replacement cost f o r t h e i m p a c t e d i m p r o v e m e n t s . M a n y o f t h e s e e s t i m a t e s a r e p r ovided as a range and we have utilized the top of these ranges t o determine just compensation f o r t h e i m p r o v e m e n t s i m p a c t e d .

The estimated costs for the improvements impacted for the subject are outlined in the table below.

SITE IMPROVEMENTS

T h e i m p a c t e d i m p r o v e m e n t s o f t h e s u b j e c t i n c l u d e s e v e n m e d i u m trees and landscaped grassy areas. According to the Marshall Valuation Service Manual a me dium tree is approximately $1,000, therefore, we have utilized $1,000 for the medium trees multipl ied by seven trees. According to the Marshall Valuation Service Manual landscaped grassy areas is ap proximately $3.00 per square foot, therefore, we have utilized $3.00 per square foot for the lands caped grassy areas multiplied by 4,850 square feet.

Applying the appropriate rates to the item above results in a j ust compensation valuation of the improvements of $21,550, as shown in the table above.

Site Improvement No. Rate Total
Medium Tree 7 Qty. @ $1,000 $7,000
Landscaped Areas 4,850 SF @ $3.00 PSF $14,550
Total Site Improvements $21,550
Rd. $21,550
Item: 9
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SUMMARY STATEMENT

20 © 2020 VALBRIDGE PROPERTY ADVISORS | ORANGE COUNTY
Description of the Part T aken: TEC
This project proposes to take a temporary construction easement (TEC) of 12,847 square feet that is adjacent to the roadway easement along the eastern boundary of the subject site. This easement is to provide contractor access to the taking areas previously described. The area is presently improved with landscaped grassy areas and trees. A diagram of this takin g, legal description and photos are shown on the following pages.

Analysis of the Part T aken – TEC
In the Land Sales Analysis, a value indicator of $58.00 per square foot is attributed to the land area for the larger parcel. The temporary construction easement wil l impact an area of 12,847 square feet. The specified duration for the construction easement is 6 m o n t h s . I t i s a s s u m e d t h a t t h e property will be returned to the condition it was in before the temporary construction easement as part of the project construction cost. Work will also allow fo r continued ingress and egress to the site.

Since the temporary construction easement does not represent a permanent easement, a rental amount for the land is applied over the length of the easement a g r e e m e n t . A s i n t h e p r e v i o u s analysis, the value of the larger parcel was estimated at $58.00 per square foot. This figure, times the land area of 12,847 square feet, equates to $745,126. Land capitalization rates generally range in the market from 6% to 10% depending upon the location, use, zoning, size, etc. Historically a 10% rate of anticipated land value is the starting point for negoti ation purposes, which is sometimes negotiated down to 8%. However, recently there has been a down ward trend in land capitalization rates to where they are now typically in the 7% to 8% range in today’s market. Given the administrative hassle of dealing with a temporary construction easement and the fact that the owner of the subject property will be responsible for the property taxes and other expenses to the property, we have utilized a rate at the hi gh end of the normal market ra nge. Thus, utilizing a capitalization rate of 10% multiplied by the $745,126 land value multiplied by 6 months, results in a Market Value for the Temporary Construction Easement of $37,256. This calculation is shown in the table below.

TEMPORARY CONSTRUCTION EASEMENT (TEC)

Area of Value Total Annual Land No. of Value
Parcel Type Part Taken Per SF Value Rate of Return Months Conclusion Temporary Construction Easement (TCE) 12,847 SF $58.00 $745,126 10.0 %6 $37,256 Item: 9
160

BAKE PARKWAY IN IRVINE - SC EDISON - ROADWAY EASEMENT

SUMMARY STATEMENT

21 Analysis of Severance Damages & Benefits
Severance damage is a loss in value to the remaining property a fter acquisition and construction in the manner proposed. Severance damages are valued by an apprai sal of the remainder as a portion of the total property in the before condition and as a remainde r in the after condition (disregarding the benefits of the construction project). The remainder is co nsidered damaged if worth less after the project construction because of a legally compensable reason.

By taking the required 4,850 square feet for a permanent taking for a roadway easement, and 12,847 s q u a r e f e e t f o r a t e m p o r a r y c o n s t r u c t i o n e a s e m e n t i t i s c o n c l u ded that there will be no adverse impact to the property as a whole. Effectively, there will be no change in drainage or grade to the remainder property. Access, v isibility and parking will also r emain the same. The improvement project will replace or put the i mprovements back in a manner s imilar to their current state. The highest and best use of the site has also not changed in the af ter condition. Thus, it is our opinion that the subject remainder property will not be negatively impa cted by the acquisition of the part taken or the construction of the project improvements. Therefo re, it is concluded that there is no severance damages to the subject property.

Benefits are also valued by appraising the remainder both befor e, and after, the taking. Benefits are offset against any severance damages. There will be no change in either the drainage or grade level of t h e r em a i n d er p r o p er t y. Tr a f f i c a n d p ed es t r i a n f l ow i s ex p ec t ed t o i m p r ov e w i t h t h e p r op os ed improvement project, but this is considered a benefit to the co mmunity at large, as well as to the subject. Therefore, considering all aspects of the taking and the proposed project, we have concluded that there are no benefits to the subject remainder property.

Conclusion of Just Compensation
Shown below are the conclusions of this report leading to the Just Compensation for the subject Part Taken. These conclusions are subject to the assumptions and lim iting conditions included at the end of this report, as of December 10, 2020, and represent the mark et value of the fee simple interest in the subject property.

Value of Larger Parcel in Before Condition $47,660,000
Value of Part Taken - Roadway Easement $281,300
Value of Remainder in After Condition $47,378,700
Severance Damages $0
Less Benefits $0
Net Severance Damages $0
Value of Temporary Construction Easement $37,256
Site Improvements in Take Area $21,550
Just Compensation (Parts Taken, Severance Damages/Benefits) $340 ,106 Rd. $340,000

JUST COMPENSATION
Item: 9
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SUMMARY STATEMENT

22 Definitions
Market Value
“(a) The fair market value of th e property taken is the highest price on the date of v a l u a t i o n t h a t w o u l d b e a g r e e d t o b y a s e l l e r , b e i n g w i l l i n g t o s e l l b u t u n d e r n o p a r t i c u l a r o r u r g e n t n e c e s s i t y f o r s o d o i n g , n o r o b l i g e d t o s e ll , a n d a b u y e r , b e i n g ready, willing, and able to buy but under no particular necessi ty for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.
(b) The fair market value of property taken for which there is no relevant market is its value on the date of valuation as determined by any method of v aluation that is just and equitable.” 8

Just Compensation
“In condemnation, the amount of loss for which a property owner is compensated when his or her property is taken; should put the owner in as g ood a position pecuniary as he or she would be if the property had not been taken; generally held to be market value, but courts have refused to rule that it is alw ays equivalent to market value.” 9

Larger Parcel
“In condemnation, the portion of a property that has unity of o wnership, contiguity, and unity of use, the three conditions that establish the large r parcel for the consideration of severance damages in most states. In federal and some states cases, however, contiguity is sometimes subordinated to unitary use.” 10

Partial Taking
“The taking of part of a ny real pr op erty interest for public use under the power of eminent domain; requires the payment of compensation.” 11

Remainder
“In eminent domain condemnation, that portion of the larger par cel the property remaining in the ownership of the property owner after a partial taking.” 12

8 California Code of Civil Procedure, Section 1263.320
9 The Dictionary of Real Estate Appraisal, Appraisal Institute, Fourth Edition, 2002, page 154 10 The Dictionary of Real Estate Appraisal, Appraisal Institute, Fourth Edition, 2002, page 160 11 The Dictionary of Real Estate Appraisal, Appraisal Institute, Fourth Edition, 2002, page 209 12 The Dictionary of Real Estate Appraisal, Appraisal Institute, Fourth Edition, 2002, page 242

Item: 9
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SUMMARY STATEMENT

23 Damages
“In condemnation, the loss in value to the remainder in a parti al taking of property.

Generally the difference between t he value of the whole propert y before the taking and the value of the remainder after the taking is the measure of the value of the part taken and the damages to the remainder. Note that different re gions of the country and different courts may use terms such as consequential damage s and severance damages differently.” 13

Property Rights Appraised
A “fee simple estate” is defined as “absolute ownership unencum bered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.”

Tenants in Common
T i t l e t o p r o p e r t y h e l d b y t w o o r m o r e p e r s o n s , i n w h i c h , e a c h has an “undivided interest” in the property and have an equal right to use the pr operty, even if the percentage interests are not equal or the living spaces are dif ferent sizes. There is no “right of survivorship” if one of the tenants dies, and each in terest may be separately sold, mortgaged or willed to another.

13 The Dictionary of Real Estate Appraisal, Appraisal Institute, Fourth Edition, 2002, page 73 Item: 9
163

Attachment 2
Item: 9
164

Item: 9
165

Item: 9
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Item: 9
167

Attachment 3
Item: 9
168

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY – 2ND FLOOR
POMONA, CA 91768

ATTN: TITLE & REAL ESTATE SERVICES

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Easement DOCUMENTARY TRANSFER TAX $_____________________ Serial 73055A Service Order 801962653
Location: City of Irvine
APN: 591-075-03
V&LM No.: GRT203828128
SCE Document(s): 377460

___________COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
___________OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME

APPROVED

LAND & VEGETATION

MANAGEMENT

BY SF DATE 07/19/2022

SOUTHERN CALIFOR NIA EDISON COMPANY, a corporation, hereinafter called "Grantor", does hereby grant to CITY OF LAKE FOREST, a Cali fornia Municipal corporation, hereinafter called "Grantee", an easement for Public Road and Hig hway purposes, hereinafter called “ Easement”, in, on, under, over, along and across that certai n real property in the City of Irvine, County of Orange, State of California, described as follows:

That portion of Parcel 2 of Parcel Map 83 -618, in the City of Irvine , C ounty of Orange , S tate of California, as shown in Book 185, Pages 29, 30 and 31, Inclusive of Parcel Maps, in the Office of the County Recorder of said County.

Said Public Road and Highway purposes E asement is more pa rticularly described on the Exhibit “A” and more particularly depicted on Exhibit “B”, both attached hereto and by this reference made a part hereof.

SUBJECT TO covenants, conditions, restrictions, reservations, excep tions, encumbrances, rights, easements, leases and licenses, affecting the above described real property or any portion thereof, whether of record or not.

The foregoing grant is made subject to the following terms and conditions:

1. The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and/or remove in, on, over, under, through, along and across the above described real property, el ectric transmission and distri bution lines and communication lines, together with supporting structures and appurtenances, for conveying electric energy for light, heat, power and communication purposes, and pipelines and appurtenances for the transportati on of oil, petroleum, gas, wat er, or other substan ces, and conduits for any and all purposes.

2. Grantor shall not erect or place at any future time any of its facilities so as to unreasonably interfere with the rights of Grantee created by this Easement grant.

3. The said Easement shall b e exercised so as no t to unreasonably endanger or interfere with the construction, maintenance, use, operation, presence, repair, replacement, relocation, reconstruction or removal of such electric transmission, distribution o r communication lines, pipelines, or other conduits.

Item: 9
169

Grant of Easement
S.C.E., a corporation to
City of Lake Forest, a California Municipal corporation Serial No. 73055A
V&LM File No.: GRT203828128
SCE Document(s): 377460

2 4. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legally do so, from and against all claims, liens, encumbrances, actions, loss, damage, expense and/or liability arising from or growing out of loss or damage t o property, includ ing Grantor's own property, or injury to or death of persons, including employees of Grantor, resulting in any manner whatsoever, directly or indirectly, by reason of the exercise of the r ights hereby granted; provided, however, that this covenant shall not apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and/or liability are caused by the sole active negligence of Grantor.

5. Grantee agrees to p ay to Grantor, upon demand, any and all costs of relocation and/or construction of such electric transmission, distribution and communication lines and supporting structures, pipelines, and conduits which may b e or become necessary by reason of the exercis e of the rights granted pursuant to this Easement.

6. Grantor shall have full unobstructed access to its facilities at all times and the right to clear, keep clear, and remove any and all obstructions of any kind at all times.

7. Grantor reserves for itself th e right to trim any tree or trees which may grow in or on the above described real property and wh ich, in the opinion of Grantor, endang er or interfere with the proper operation or maintenance of said electric transmission, distribution and communication lines, to the extent necessary to prevent any such interference or danger.

8. The above described rea l property is to be used only for the purposes specified herein and in the event:

a. said real property is not so used;

b. said real property shall be vacated as a public road and highway right of way; or

c. the project for which this Easement is being granted is abandoned,

the Easement shall thereupon, ipso facto, revert to and merge in the interest of Grantor in the above described real property.

9. Upon termination or reversion of the rights herein granted, Grantee shall execute and deliver to Grantor, within thirty (30) days after service of a written demand therefor e, a good and sufficient quitclaim deed to the rights herein given. Should Grantee fa il or refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written notice by Grantor reci ting the failure or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and terminating this Easement shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence against Grantee and all pe rsons claiming und er Grantee of the termination or reversion of the rights herein given.

10. As a controlling part of the consideration for the execution and delivery of this instrument by Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain the improvement to be located on the above described real property at its own expense.

11. Grantee hereby recognizes Grantor’s title and interest in and to the above described real property and agrees never to assail or resist Grantor’s title or interest therein.

Item: 9
170

Grant of Easement
S.C.E., a corporation to
City of Lake Forest, a California Municipal corporation Serial No. 73055A
V&LM File No.: GRT203828128
SCE Document(s): 377460

3 12. Grantee agrees to maintain the above described real property.

13. In case of a suit to enforce any terms, covenants or conditions of this Easement, Grantee agrees to pay Grantor in addition to any other recovery or relief for which Grantor may be en titled, a reasonable attorney's fee to be fixed and allowed by the Court.

14. Any notice provided herein to be given by either party hereto to the other may be served by depositing in the United States Post Office, postage prepaid, a sealed envelope con taining a copy of such notice and addressed to said other party at its principal place of business.

15. Grantee agrees that all fencing and metallic structures installed within the above described real property shall be adequately grounded.

16. Any trees or plants within the above described Easement , or depicted in Exhibit “ B”, shall be maintained by Grantee and shall not exceed a height of fifteen (15) feet.

17. Any earth fill placed by Grantee within the boundaries of the above described real property shall have a relative compaction density of ninety percent (90%).

IN WITNESS WHEREOF, said Southern California Edison Company has caused this instrument to be executed this _______ day of _____________________ , 20____.

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation

By:

Joy Glasser
Real Estate & Facilities Sr Manager
Land Management Division
Vegetation & Land Management

Item: 9
171

Grant of Easement
S.C.E., a corporation to
City of Lake Forest, a California Municipal corporation Serial No. 73055A
V&LM File No.: GRT203828128
SCE Document(s): 377460

4 A Notary Public or other officer completing this certificate ve rifies 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.

State of California )

County of )

On _______________________ before me, , a 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 PENAL TY OF PERJ URY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________

Item: 9
172

Grant of Easement
S.C.E., a corporation to
City of Lake Forest, a California Municipal corporation Serial No. 73055A
V&LM File No.: GRT203828128
SCE Document(s): 377460

5 GRANTEE, does hereby accept the above and foreg oing Easement upon and subject t o all of the terms, covenants and conditions ther ein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions.

DATED as of this _______ day of _____________________ , 20____.

CITY OF LAKE FOREST,
a California Municipal corporation

By:

Name:

Title:

By:

Name:

Title:

A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to whi ch this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a 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.

Signature _______________________________
Item: 9
173

Grant of Easement
S.C.E., a corporation to
City of Lake Forest, a California Municipal corporation Serial No. 73055A
V&LM File No.: GRT203828128
SCE Document(s): 377460

6 A Notary Public or other officer completing this certificate verifies only the identity of th e individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a 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), an d 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 th e State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________
Item: 9
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Item: 9
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Item: 9
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Item: 9
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Item: 9
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Item: 9
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Attachment 4
Item: 9
181

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768

ATTN: TITLE & REAL ESTATE SERVICES

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Location: City of Irvine DOCUMENTARY TRANSFER TAX $________________ Serial No. 73056A Service Order 802058273
A.P.N: 591-075-03
V&LM FILE NO. GRT203936160
SCE Doc No. 377460

COMPUTED ON FULL VALUE OF PROPERTY CONVEYED

OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SCE Company.

SIGNATURE OF DECLARANT OR AGENT DETERMINING Tax Firm Name Approved
Land & Vegetation
Management

BY SF DATE 07/19/2022

GRANT OF

TEMPORARY CONSTRUCTION EASEMENT

FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, here inafter referred to as “GRANTOR ,” does hereby grant to CITY OF LAKE FOREST , a California M unicipal Corporation , (“GRANTEE”), its employees, agents, representatives, contractors, successors and assigns, a temporary easement for construction -related purposes (“ Temporary Construction Easement ”) in, over, under and across t hose portions of real property located in the City of Irvine, County of Orange, State of California, more particularly identified as follows:

That portion of Parcel 2 of Parcel Map 83 -618, in the City of Irvine , C ounty of Orange , S tate of California, as shown in Book 185, Pages 29, 30 and 31, Inclusive of Parcel Maps, in the Office of the County Recorder of said County.

Said Temporary Construction Easement is more particularly described in the Exhibit “ A” and more particularly depicted on the Exhibit “B”, both attached hereto and by this reference made a part hereof (collectively, the “Easement Area”).

1. Use of the Easement Area. Use of the Easement Area, and exercise o f the easement rights herein granted are limited to:
a. The right to transport personnel, trucks, cars, equipment and materials over, through and across all portions of the Easem ent Area for purposes of the construction of GRANTEE’s road improvements on adjacent property.

b. The right to store, maintain a nd operate on the Easement Area such equipment, tools, machinery, inventory , implements and other materials as are necessary or convenient in connection with the construction of GRANTEE’s road improvements on adjacent property.

Term of Temporary Construction Easement . The Temporary Construction Easement shall commence on the Effective Date hereof (as defined below in Paragraph 8b) and shall automatically terminate and expire six (6) months after the Effective Date (the “Term”). Upon the expiration of the Term, all of the rights and benefits of GRANTEE in, to and under the Temporary Construction Easement sh all automatically terminate and be of no further force and effect.

Item: 9
182

Temporary Construction Easement
S.C.E., a corporation, to
City of Lake Forest, a California Municipal corporation Serial No. 73056A
SCE Document No.: GRT203936160

2. Use of Gates; Removal of Materials Impeding the Easement. GRANTEE shall have the right to use gates in all of GRANTOR’s fences which presently or hereafter cross the Easement Area, and to remove, trim, cut and clear away any trees and brush within the Easement Area (and relocate any other materials situated, placed or app earing within the Easement Area ) whenever in GRANTEE’s reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby.

3. Obligation to Restore Easement Area. After completio n of any work performed by GRANTEE or its agents, contractors or employees which disturbs t he surface of the Easement Area, GRANTEE shall, at its sole cost and expense, restore the surface of such area as close as reasonably possible to its original character (as existing/measured at the time of the Effective Date of this Temporary Construction Easement.

4. Obligation to Obtain Necessary Approvals . Prior to e ngaging in any activity upon the Easement Area, GRANTEE shall, at its sole cost and expense, apply for and obtain all necessary permits, authorizations, licenses and approvals (collectively, “Approvals”) which are or may be required from any body, agency, or department with jurisdiction over the Easement Area.

5. Rights Retained by GRANTOR . The easement righ ts acquired by GRANTEE pursuant to this instrument are acquired subject to the right of GRANTOR, its successors and assigns to use the surface and subsurface of the land within the Easement Area to the extent that such use is compatible with the full and free exercise of the Temporary Construction Easement by GRANTEE.

6. Indemnification. GRANTEE hereby agrees to indemnify, defend (with counsel acceptable to GRANTOR), release and hold harmless GRANTOR, its successors and assigns, including their respective affi liates, partners, directors, members, officers, shareholders, agents, representatives, contractors and employees (collectively, the “Grantor Representativ es”), and each of them, and their property from all loss, l iability, damages, claims, costs and expens es (including attorneys’ fees and court costs) arising directly or indirectly out of the acts or omissions, intentional or otherwise, of GRANTEE, its empl oyees, agents, contractors and representatives (collectivel y, the “ Grantee Representatives”) in connection with the use of the Easement Area by GRANTEE and/or the Grantee Representatives or any material breach of this Temporary Construction Easement by GRA NTEE; provided, however, that nothing contained in this par agraph shall operate to relieve GRANTOR fro m any loss, liability, damages, claims, costs or expenses to the extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or grossly negligence (acts or omissions ) of GRANTOR, the Grantor Re presentatives, or any of them. Payment shall not be a condition precedent to recovery under the forgoing indemnity.

7. General Provisions.
a. Covenants Running with the Land . GRANTEE and GRANTOR acknowledge and agree that the ri ghts conferred by this Temporary Constructi on Easement are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of and be binding upon the parties and their respective grantees, heirs, successors and assigns. b. Effective Date. This Temporary Construction Ea sement shall be ef fective upon the date of recordation and expire six (6) months after the recorded date. c. Authorized Representative. Each individual signing on behalf of a party to this Temporary Construction Easement states that he or she is the duly authorized representative of the signing party and that his or her signature on this Temporary Construction Easement has been duly authorized by, and crea tes the binding and enforceable obligation of, the party on whose behalf the representative is signing.

Item: 9
183

Temporary Construction Easement
S.C.E., a corporation, to
City of Lake Forest, a California Municipal corporation Serial No. 73056A
SCE Document No.: GRT203936160

d. Attorney’s Fees. In the event of any dispute between the parties regarding the enforcement or effect of this Temporary Construction Easement, the non -prevailing party in any such dispute shall pay the prevailing party’s reasonable attorney’s fees and costs actually incurred. In the event that neither party wholly prevails, the court may apportion the costs or fees as the court deems appropriate.
e. Further Cooperation. Each of the signatories to this Temporary Con struction Easement agree to execute such ot her documents and to perform such other acts as may be reasonably necessary or desirable to further the expressed and intent purpose of this Temporary Construction Easement.
f. Warranty. GRANTOR makes no warranty to GRANTEE regarding the fitness or suitability of the subject property for any use by GRANTEE.

EXECUTED this ________ day of _____________________, 20_____.

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation

By: ___________________________________________
Joy Glasser
Real Estate & Facilities Sr. Manager
Land Management Division
Vegetation & Land Management

Item: 9
184

Temporary Construction Easement
S.C.E., a corporation, to
City of Lake Forest, a California Municipal corporation Serial No. 73056A
SCE Document No.: GRT203936160

A Notary Public or other officer completing this certifi cate 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.

State of California )
) ss.

County of )

On _______________________ before me, , a 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 th e State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________

Item: 9
185

Item: 9
186

J-18291-A
EXHIBIT "A"
SERIAL NO. 73056A

TEMPORARY CONSTRUCTION EASEMENT
BEING A PORTION OF PARCEL 2 IN THE CITY OF IRVINE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP 83-618, RECORDED DECEMBER 30, 1983 IN BOOK 185, PAGES 29, 30 AND 31 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY

RECORDER OF SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 2 AS SHOWN ON

SAID PARCEL MAP, BEING ALSO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF BAKE PARKWAY, 120 FEET WIDE AS SHOWN ON SAID PARCEL MAP; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2 AND ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE NORTH 35°56'08" EAST 89.87 FEET TO THE POINT OF BEGINNING;
1) THENCE LEAVING SAID LINE NORTH 35°04'35" EAST 600.20 FEET TO A LINE WHICH IS 9.00' NORTHWESTERLY OF AND PARALLEL WITH SAID SOUTHEASTERLY LINE OF PARCEL 2;
2) THENCE ALONG SAID PARALLEL LINE NORTH 35°56'08" EAST 215.78 FEET; 3) THENCE LEAVING SAID PARALLEL LINE NORTH 06°16'54" WEST 34.94 FEET TOTHE NORTH EASTERLY LINE OF SAID PARCEL 2, ALSO BEING A POINT ON THE

SOUTHWESTERLY RIGHT-OF WAY LINE OF IRVINE BOULEVARD AS SHOWN ON SAID PARCEL MAP, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 2060.00 FOOT RADIUS

CURVE CONCAVE NORTHEASTERLY TO WHICH A RADIAL LINE BEARS SOUTH 41 °30'04" WEST;
4) THENCE ALONG SAID NORTHEASTERLY LINE OF PARCEL 2 AND ALONG SAID

SOUTHWESTERLY RIGHT-OF-WAY LINE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°12'31" A DISTANCE OF 7.50 FEET; 5) THENCE LEAVING SAID LINE NON-TANGENT TO SAID CURVE SOUTH 41 °42'35" WEST 9.31 FEET;
6) THENCE SOUTH 06°38'58" WEST 39.37 FEET;
7) THENCE SOUTH 37°35'24" WEST 151.98 FEET;
8) THENCE SOUTH 84°39'26" WEST 9.92 FEET;
9) THENCE SOUTH 37°37'15" WEST 43.34 FEET;
10) THENCE SOUTH 09°09'23" EAST 10.98 FEET;
11) THENCE SOUTH 33°03'44" WEST 220.25 FEET;
12) THENCE SOUTH 37°01'52" WEST 165.05 FEET;
13) THENCE SOUTH 34°48'21" WEST 120.04 FEET;
14) THENCE SOUTH 32°40'47" WEST 94.71 FEET;

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Item: 9
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Item: 9
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Item: 9
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Item: 9
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Attachment 5
Item: 9
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PARCEL NO.: 591-075-03
TITLE REPORT NO.: 92013178
PROJECT: CITY OF LAKE FOREST BAKE PARKWAY AT TRABUCO RD/IRVINE BLVD

AGREEMENT FOR ACQUISITION OF REAL PROPERTY
(ESCROW INSTRUCTIONS)

THIS AGREEMENT is entered into this ________day of , 2022 by and between the CITY OF LAKE FOREST, a California Municipal corporation (hereinafter called "Buyer"), and SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, (hereinafter called "Seller") for acquisition by Buyer of one Road Easement and one Temporary Construction Easement over real property hereinafter set forth.

IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this agreement, the following interest(s) in property (collectively, the “Easements”), all situated in the City of Irvine, County of Orange, State of California:

A. Road Easement (Attached as Attachment 1); and
B. Temporary Construction Easement (Attached as Attachment 2)

The legal description of each interest is identified in the referenced attachment(s), which are hereby incorporated by reference.

2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of:

THREE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS
($340,000.00)

The total purchase price includes: acquisition value of the property in terests identified in Section 1.

3. CONVEYANCE OF TITLE . Seller agrees to convey the Easements in the form attached hereto to Buyer.

4. POSSESSION. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by Buyer granted in the Easements, shall commence on the date the Easements are recorded in the Official Records of Orange County.

5. TITLE INSURANCE POLICY . Escrow Agent (as defined hereafter) shall, following recording of the Road Easement, provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of $ 281,300 issued by Commonwealth Land Title Company showing the Easement interests vested in Buyer. Buyer agrees to pay the premium charged Item: 9
193

therefore.

6. ESCROW. Buyer agrees to open an escrow in ac cordance with this Agreement at Commonwealth Land Title Company 4100 Newport Place Drive, Suite 120, Newport Beach, CA 92660 (949) 724 -3140 (“Escrow Agent”). This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time.

Seller agrees to deposit with Escrow Agent prior to the Close of Escrow original, fully executed and acknowledge d deed s, prepared by Seller, and any other customary agreements, consents, or documents reasonably necessary to effectuate the purchase of the subject property. Buyer agrees to deposit the purchase price and certificate of acceptance upon demand of Escrow Agent.

All funds received in this escrow shall be d eposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check or wire from such account.

ESCROW AGENT IS AUTHORIZED TO, AND SHALL:

A. Pay and charge Buyer for any escrow fees, charges, and costs payable under Section 6 of this Agreement;

B. Disburse funds and record and deliver the Easements when conditions of this escrow have been fulfilled by Buyer and Seller.

The term "close of escrow", if and where written in these instructions, shall mean the date that all necessary instruments of conveyance are recorded in the office of the County Recorder of Orange County. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance.

All time limits within which any matter herein specified is to be performed may be extended by mutual agreemen t of the parties hereto. Any amendment of, or supplement to, any instructions must be in writing.

TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. The parties hereto agree to perform all acts reasonably necessary to close this escrow within sixty (60) days following the approval by the California Public Utilities Commission (“CPUC”), as stated in Section 16 below.

7. ESCROW FEES, CHARGES AND COSTS . Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this escrow.

8. RENTAL AND OCCUPANCY BY SELLER. Seller warrants that there are no oral or Item: 9
194

written leases on all or any portion of property.

9. PERMISSION TO ENTER ON PREMISES . Seller hereby grants to Buyer, or its authorized agents, permission to enter upon the property at all reasonable times prio r to close of escrow for the purpose of making necessary or appropriate inspections. It is understood that Buyer and its contractors will indemnify Seller and hold them harmless from any and all liability for bodily injury, death and property damage arising out of or in any way connected with such inspections, and reimburse Seller for all costs, expenses and loss, including attorney's fees, incurred by them in consequence of any claims, demands and causes of action which may be made or brought against them arising out of such inspections.

10. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument.

11. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of Seller's statement to Buyer , whose address is 100 Civic Center Drive, Lake Forest, CA 92630 ; purpose being to ascertain if any reimbursements are due Seller.

12. LOSS OR DAMAGE TO IMPROVEMENTS . Loss or damage to the real property or any improvements thereon, by fire or other casualty, occurring prior to the recordation of the Easements shall be at the risk of Seller. In the event that loss or damage to the real property or any improvements thereon, by fire or other casualty, occurs prior to the recordation of the Easements, Buyer may elect to (a) terminate this Agreement with written notice to Seller and Escrow Agent, at which time this Agreement will terminate and Buyer and Seller shall have no further rights or obligations hereunder except for those which expressly survive termination of this Agreement or (b) proceed to Closing.

13. EMINENT DOMAIN DISMISSAL. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation, and Seller hereby agrees and consents to the dismissal or abandonment of any eminent domain action in the Superior Court of the State of California in and for the C ounty of Orange, wherein the herein described property is included and also waives any and all claims to any money on deposit in said action and further waives all attorney's fees, costs, disbursements, and expenses incurred in connection therewith. If, p rior to the close of the execution of this transaction, Seller is served with a Summons and Complaint in Eminent Domain in which Seller is a named defendant, upon the closing of this transaction, Seller agrees and consents to Buyer taking a Default in said action.

14. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER . Seller hereby warrants, represents, and/or covenants to Buyer that:

A. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign.

B. Until the closing, Seller shall maintain the property in good condition and state Item: 9
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of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the property.

C. Until the closing, Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 14 (Warranties, Representations, and Covenants of Seller ) not to be true as of closing, immediately give written notice of such fact or condition to Buyer.

15. AS-IS Sale and Purchase. Buyer acknowledges, by its initials as set forth below, that the provisions of this Section 15 have been required by Seller as a material inducement to enter into the contemplated transactions, and the intent and effect of such provisions have been explained to Buyer by Buyer’s counsel and have been understood and agreed to by Buyer.

15.1 Buyer’s Acknowledgments. As a material inducement to Seller to enter into this Agreement and to convey the Easements to Buyer, Buyer hereby acknowledges and agrees that:

A. AS-IS. BUYER IS PURCHASING THE EASEMENTS ON THE

PROPERTY IN ITS EXISTING CONDITION, AND BUYER ACKNOWLEDGES AND

AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE EASEMENTS AS PROVIDED FOR HEREIN IS MADE ON AN “AS -IS, WHERE-IS, WITH ALL FAULTS” BASIS AND THAT SELLER HAS NO OBLIGATIONS TO MAKE RE PAIRS, REPLACEMENTS OR IMPROVEMENTS. BUYER REPRESENTS, WARRANTS AND COVENANTS TO SELLER THAT, EXCEPT FOR SELLER’S EXPRESS

REPRESENTATIONS AND WARRANTIES SPECIFIED IN THIS AGREEMENT, BUYER IS RELYING SOLELY UPON BUYER’S OWN INVESTIGATION OF THE PROPERTY BURDENED BY THE EASEMENTS.

________________________
Buyer’s Initials

B. No Representations . Other than the express representations and warranties of Seller contained herein, neither Seller has made any representation, warranty, inducement, guarantee, promise, agreement, assurance or statement, oral or written, of any kind to Buyer upon which Buyer is relying, or in connection with which Buyer has made or will make any decisions concerning the Easements or the property on which they run including use, condition, value, entitlements, condemnation actions (current or prospective), compliance with Governmental Regulations (as defined below), existence or absence of Hazardous Substances (as defined below), or the permissibility, feasibility, or convertibility of all or any portion of the property for any particular use or purpose, including its present or future prospects for development or use . Any representation, warranty, agreement, statement, guarantee or promise made by any person acting on behalf of Seller which is not contained in this Agreement shall not be valid or binding on Seller. As used herein, the term “Governmental Regulations” means any laws (including Environmental Laws (as defined below)), ordinances, rules, requirements, resolutions, polic y statements and regulations (including those relating to land use, subdivision, zoning, Hazardous Substances, occupational health and safety, handicapped access, water, earthquake hazard reduction, Item: 9
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and building and fire codes) of any governmental or quasi -governmental body or agency claiming jurisdiction over the Property. As used in this Agreement, the following definitions shall apply: “Environmental Laws” shall mean all federal, state and local laws, ordinances, rules and regulations now or hereafter in force, as amended from time to time, and all federal and state court decisions, consent decrees and orders interpreting or enforcing any of the foregoing, in any way relating to or regulating human health or safety, or industrial hygiene or environmental conditions, or protection of the environment, or pollution or contamination of the air, soil, surface water or groundwater, and includes the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601, et seq., the Reso urce Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., and the Clean Water Act, 33 U.S.C. § 1251, et seq. “Hazardous Substances” shall mean any substance or material that is described as a toxic or hazardous substance, waste or material or a pollutant or contaminant, or words of similar import, in any of the Environmental Laws, and includes asbestos, petroleum (including crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or any mixture thereof), petroleum-based products and petroleum additives and derived substances, lead- based paint, mold, fungi or bacterial matter, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive matter, medical waste, and chemicals whic h may cause cancer or reproductive toxicity.

________________________
Buyer’s Initials

C. No Implied Warranties . EXCEPT FOR ANY EXPRESS

REPRESENTATIONS OR WARRANTIES OF SELLER SET FORTH IN HEREIN, SELLER HEREBY SPECIFICALLY DISCLAIMS AND NEGATES: (A) ALL WARRANTIES IMPLIED

BY LAW ARISING OUT OF OR WITH RESPECT TO THE EXECUTION OF THIS

AGREEMENT, ANY ASPECT OR ELE MENT OF THE PROPERTY BURDENED BY THE EASEMENTS, OR THE PERFORMANCE OF SELLER’S OBLIGATIONS HEREUNDER INCLUDING ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE;

AND (B) ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN,

PAST, PRESENT OR F UTURE, OF, AS TO, OR CONCERNING (I) THE NATURE AND

CONDITION OF THE PROPERTY, INCLUDING THE WATER, SOIL, AND GEOLOGY, THE

SUITABILITY THEREOF AND OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND

USES WHICH BUYER MAY ELECT TO CONDUCT THEREON, THE EXISTENCE OF ANY

ENVIRONMENTAL HAZARDS OR CONDITIONS THEREON (INCLUDING TO THE

PRESENCE OF ASBESTOS OR OTHER HAZARDOUS SUBSTANCES) OR
COMPLIANCE WITH APPLICABLE ENVIRONMENTAL LAWS; (II) THE NATURE AND

EXTENT OF ANY RIGHT -OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCE,

LICENSE, RESERVATION, CURRENT OR POTENTIAL EMINENT DOMAIN PROCEEDINGS, CONDITION OR OTHERWISE; (III) THE COMPLIANCE OF THE PROPERTY OR ITS OPERATION WITH ANY GOVERNMENTAL REGULATIONS; (IV) VALUE; (V) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND

USES WHICH BUYER MAY CONDUCT THEREON, INCLUDING THE POSSIBILITIES FOR FUTURE DEVELOPMENT OF THE PROPERTY; (VI) THE FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY OR EASEMENTS ; (VI I) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROP ERTY; ( VIII) ADEQUACY OR SUFFICIENCY OF ANY DRAINAGE; ( IX) THE FACT THAT ALL OR A Item: 9
197

PORTION OF THE PROPERTY MAY OR MAY NOT BE LOCATED ON OR NEAR A

NATURAL HAZARD, SUCH AS AN EARTHQUAKE FAULT LINE, A SEISMIC HAZARD

AREA, OR A WILDFIRE RISK AREA, OR THE ABILITY OF THE PROPERTY TO WITHSTAND EARTHQUAKE OR FIRE DAMAGE; OR (X) ANY OTHER MATTER.

________________________
Buyer’s Initials

D. 1542 Waiver. WITH RESPECT TO THE RELEASES AND WAIVERS SET FORTH IN THIS SECTION 15. BUYER EXPRESSLY WAIVES THE BENEF ITS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR

AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER,

WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

BUYER HAS BEEN ADVISED BY ITS LEGAL COUNSEL AND UNDERSTANDS THE SIGNIFICANCE OF THIS WAIVER OF SECTION 1542 RELATING TO UNKNOWN, UNSUSPECTED AND CONCEALED CLAIMS. BY ITS INITIALS BELOW, BUYER

ACKNOWLEDGES THAT IT FULLY UNDERSTANDS, APPRECIATES AND ACCEPTS ALL OF THE TERMS OF THIS SECTION.

BUYER’S INITIALS: ________

16. CONTINGENCIES. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon (a) the specific acceptance and approval of the Buyer herein and (b) the authorization by the CPUC of Seller’s grant of the Easements to Buyer in accordance with the terms and conditions of this Agreement under Section 851 of the California Public Utilities Code.

The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto.

This Agreement contains the entire agreement between both parties, neither party relies upon any warranty or representation not contained in this Agreement.

Item: 9
198

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove.

BUYER SELLER

CITY OF LAKE FOREST, a
California Municipal corporation

SOUTHERN CALIFORNIA EDISON

COMPANY,
a corporation

BY:__________________________ BY:__________________________ NAME:________________________ NAME:________________________ TITLE: ________________________ TITLE: ________________________

BY:__________________________ BY: __________________________ NAME:________________________ NAME:________________________ TITLE: ________________________ TITLE: ________________________

MAILING ADDRESS OF BUYER
Department of Public Works
100 Civic Center Drive
Lake Forest, CA 92630

APPROVED AS TO FORM

BY:__________________________
City Attorney

ATTEST

BY:___________________________
City Clerk

MAILING ADDRESS OF SELLER
Southern California Edison Company
2 Innovation Way, 2nd Floor
Pomona, CA 91768 DATE:________________________

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Attachment 1
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Attachment 2
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2022
DEPARTMENT: Public Works
SUBJECT:

SECOND AMENDMENT TO THE AGREEMENT WITH AQUABIO
ENVIRONMENTAL TECHNOLOGIES, INC., FOR WILDLIFE MITIGATION AND

POND MAINTENANCE SERVICES AT VETERANS PARK
RECOMMENDED ACTION(S):

1. Approve the Second Amendment to the Agreement for Maintenance Services with AquaBio Environmental Technologies, Inc., for Wildlife Mitigation and Pond Maintenance Services at Veterans Park.

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

EXECUTIVE SUMMARY:

On January 9, 2019, the City Manager awarded the Agreement for Maintenance Services (“Agreement”) to AquaBio Environmental Technologies, Inc. (“AquaBio”) to provide wildlife and pond maintenance services at Veterans Park in the amount of $135,000 for a three-year term (Attachment 1). On November 5, 2021, the Agreement was extended an additional year and the compensation amount was increased to $161,480 (Attachment 2).

Veterans Park is a premier park in the City of Lake Forest. The park was renovated in 2018 to improve park conditions and reduce the number of wildlife that frequented the park. The Agreement with AquaBio was formed to preserve the pond conditions and control the wildlife population at the park. Pursuant to the Agreement, AquaBio performs water quality testing, geese mitigation and management, and other wildlife management activities that help preserve the usability of the park. The term of the Agreement with AquaBio is set to expire on December 31, 2022. AquaBio has agreed to extend the term of the Agreement one additional year with no change in contract pricing. The proposed Second Amendment includes $39,120 in additional compensation to extend the Agreement by one year (Attachment 3). If approved, the Second Amendment would bring the total compensation amount in the Agreement up to $200,600.

Staff recommends the City Council approve the proposed Second Amendment Item: 10
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2 2
6 1
with AquaBio. The 2021-2023 Operating Budget includes sufficient funding to cover the costs of the recommended action.

BACKGROUND:

Veterans Park is a 4.7-acre facility that includes a pond approximately one acre in size. In 1980, the County implemented several improvements to the pond to address maintenance issues, which included the installation of a concrete path around the perimeter of the pond and upgrades to the pond’s aeration and circulation systems. Upon city incorporation, the County conveyed Village Pond Park (later renamed Veteran’s Park) to the City, along with a maintenance agreement with Lake Forest Community Association which was responsible for the quality of the water in the pond. Over time, large numbers of waterfowl settled at the park. This overpopulation led to associated park maintenance and water quality issues, which prompted the City to renovate the park and assume water quality responsibilities. Veterans Park was renovated to improve conditions of the pond and the experience for patrons visiting the park. Plans for the park included renovations designed to improve park aesthetics and usability, discourage the overpopulation of waterfowl, and improve water quality in the pond. The City entered into a three year Agreement with AquaBio on January 9, 2019, in the amount of $135,000 to provide wildlife and pond maintenance services at Veterans Park. On November 5, 2021, the Agreement was extended an additional year and the compensation amount was increased to $161,480 (Attachment 2). This Agreement is set to expire on December 31, 2022.

DISCUSSION:

AquaBio visits the park every two weeks to monitor both lake and wildlife conditions. AquaBio has an extensive background managing municipal lakes and emphasizes the approach of using non-chemical/pesticides for water treatment.

AquaBio was selected based on their experience previously working at the park during the construction process, knowledge with handling geese and other wildlife, and use of non-toxic chemicals.

Over the term of the Agreement, AquaBio maintained the pond conditions to prevent algae growth and improve water quality. They also monitored and reinstalled the many mitigation measures used at the park to manage the geese population. AquaBio also provides testing of the water and observations of animals on an as-needed basis to ensure management measures are effective in protecting the quality of the pond water. They will respond when requested to any injured animal at the park. The proposed Second Amendment (Attachment 3) would extend the term of the Agreement to December 31, 2023, thereby exercising the second and final term extension described in the Agreement. The Item: 10
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2 2
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proposed Second Amendment would require $39,120 in additional compensation. The scope of work and contract pricing would not change.

Carlson Strategic Land Solutions, Inc. Performance Assessment November 5, 2021, through November 1, 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 The chart above provides an overall summary of the AquaBio’s performance since the First Amendment commenced on November 5, 2021. Consistent with the City’s Purchasing and Contracting Guidelines (“Purchasing Guidelines”), including vendor assessment, staff recommends approval of the Second Amendment to ensure the City retains wildlife mitigation and pond maintenance at Veterans Park.

FISCAL IMPACT:

The proposed Second Amendment would maintain the existing contractual rates.

The Second Amendment would add $39,120 in compensation to the Agreement with AquaBio, which would bring the total compensation amount to $200,600.

The Second Amendment would extend the term of the Agreement by one year to December 31, 2023. The 2021-2023 Operating Budget includes sufficient funding to cover the costs of the recommended action.

ATTACHMENTS:

1. Agreement for Maintenance Services – AquaBio

2. First Amendment to Agreement for Maintenance Services - AquaBio

3. Second Amendment to the Agreement for Maintenance Services - AquaBio
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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Attachment 1
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Attachment 2
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Attachment 3
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55136.00200\31919338.1 - 1 -

CITY OF LAKE FOREST

SECOND AMENDMENT TO

AGREEMENT FOR MAINTENANCE SERVICES
PARTIES AND DATE.

This Second Amendment to the Agreement for Maintenance Services (“Second Amendment”) is entered into on the [***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 busine ss at 100 Civic Center Drive, Lake Forest, CA 92630 (“City”) and AquaBio Environmental Technologies, Inc., a California corporation, with its principal place of business at 14934 S. Figueroa St. Gardena, Ca 90248 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
RECITALS.

2.1 Agreement. The Parties entered into that certain Agreement for Wildlife Mitigation and Pond Maintenance Services dated January 9, 2019 (“Agreement”).

2.2 First Amendment. The Parties entered into that certain First Amendment to the Agreement to extend the term of the Agreement, increase the total compensation under the agreement and update the delivery of notices, dated November 5, 2021 (“First Amendment”).

2.3 Second Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreemen t, increase the total amount of compensation under the Agreement, and update the delivery of notices.

TERMS.

3.1 Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:

The term of this Agreement shall be from January 1, 2019 to December 31, 2023, unless earlier terminated as provided herein.

Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:

Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO HUNDRED THOUSAND SIX HUNDRED DOLLARS ($ 200,600)
without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and DocuSign Envelope ID: B43BA0E2-179F-4E2C-831F-EEBF26CEF7AE Item: 10
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55136.00200\31919338.1 - 2 -

if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3 Delivery of Notices. Section 3.5.2 of the Agreement is hereby amended as follows:

Contractor: AquaBio Environmental Technologies, Inc.
14934 S. Figueroa St.

Gardena, Ca 90248
ATTN: DeAna Vitela-Hayashi, President

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

CITY OF LAKE FOREST AQUABIO ENVIRONEMENTATL
TECHNOLOGIES, INC.

By: [AUTHORIZED CITY SIGNATURE]
Robert Pequeño
Mayor

By: [VENDOR SIGNATURE 1]
DeAna Vitela-Hayashi
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:

By: [CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
By: [VENDOR SIGNATURE 2]
DeAna Vitela-Hayashi
Secretary
APPROVED AS TO FORM:

By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney

DocuSign Envelope ID: B43BA0E2-179F-4E2C-831F-EEBF26CEF7AE Item: 10
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55136.00200\31919338.1 Attachment “1”-1

ATTACHMENT “1” TO SECOND AMENDMENT TO

AGREEMENT FOR MAINTENANCE SERVICES
EXHIBIT “C”

COMPENSATION
Consultant shall be paid for services rendered in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services the not to exceed fee of two hundred thousand six hundred dollars ($200,600). Compensation shall not exceed $50,000 in any single year of the Agreement and shall be paid based on the following schedule.

Description Unit Price Quantity Extended Price
Year 1
Pond Maintenance $1,895 12 $22,740
Wildlife Mitigation $1,200 12 $14,400
Water Quality Testing $495 4 $1,980
Total Year 1 $39,120
Year 2
Pond Maintenance $1,895 12 $22,740
Wildlife Mitigation $1,200 12 $14,400
Water Quality Testing $495 4 $1,980
Total Year 2 $39,120
Year 3
Pond Maintenance $1,895 12 $22,740
Wildlife Mitigation $1,200 12 $14,400
Water Quality Testing $495 4 $1,980
Total Year 3 $39,120

FIRST AMENDMENT
Year 4
Pond Maintenance $1,895 12 $22,740
Wildlife Mitigation $1,200 12 $14,400
Water Quality Testing $495 4 $1,980
Year 4 Contingency $5,000 1 $5,000
Total Year 4 $44,120

SECOND AMENDMENT
Year 5
Pond Maintenance $1,895 12 $22,740
Wildlife Mitigation $1,200 12 $14,400
Water Quality Testing $495 4 $1,980
Total Year 5 $39,120
Total Compensation $200,600

Rate Schedule
Professional Services
Principal $150/hour
Senior Biologist $135/hour
Staff Biologist $95/hour
Junior Project Manager $95/hour
Administrative Support $40/hour
Internet Consulting for Remediation Site Assessment $85/hour DocuSign Envelope ID: B43BA0E2-179F-4E2C-831F-EEBF26CEF7AE Item: 10
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55136.00200\31919338.1 Attachment “1”-2

Per Diem $35
Mileage $0.575 per mile

Field Services
Crew Forman $95/hour
Diver with Equipment $75/hour
Landfill Site Monitoring $80/hour
Water Quality Site Testing $75/hour
Laborer $55/hour
Water Quality Testing $495/test

Equipment
15 Foot Aluminum Pontoon Boat $250/day
8 Foot Bass Boat $100/day
Field Water Quality Monitoring and Sampling Equipment $200/day Pickup Truck $75/day
Tool Truck $100/day
Lake Mower/Weed Harvester $200/day

Outside Services
Laboratory Fees Cost Plus 20%
Sub Consultant Fees Cost Plus 20%
Expenses Cost Plus 20%

Waterfowl and fish removal/relocation costs are not included in the above monthly maintenance.

DocuSign Envelope ID: B43BA0E2-179F-4E2C-831F-EEBF26CEF7AE Item: 10
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Item: 10
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2022
DEPARTMENT: Public Works
SUBJECT:

NOTICE OF COMPLETION FOR SLURRY SEAL PROJECT FOR NON-
ARTERIAL STREETS, ZONE F (PW 2021-05A)
RECOMMENDED ACTION(S):

1. Find that American Asphalt South, Inc. has completed construction of Slurry Seal Project for Non-Arterial Streets, Zone F (PW 2021-05A).

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

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

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

EXECUTIVE SUMMARY:

On April 5, 2022, the City Council awarded a contract to American Asphalt South, Inc., (“AAS”) in the amount of $1,306,825.69 to provide pavement repairs in Foothill Ranch (Zone F). This project includes spot repairs and a complete slurry seal of the residential and commercial areas of Foothill Ranch. The project also included the replacement of all the existing traffic striping, markings, and legends. The project advances the City’s goal of maintaining a “Good” (75 point or more) rating as determined by the biannual Pavement Condition Index (“PCI”) analysis.

The Project began on May 9, 2022. The City Manager authorized Contract Change Order #1 (“CCO #1”) and Contract Change Order #2 (“CCO #2”), which together added $27,311.44 in compensation to the construction contract with AAS. The project was substantially completed on July 19, 2022. The total construction cost, including both contract change orders, is $1,334,137.13. After Item: 11
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final inspection of the Project, determination of final quantities, and progress payment processing, the Project is now ready for the Notice of Completion.

Staff is requesting the City Council approve the Notice of Completion (Attachment 1) and direct staff to release any unencumbered retention in accordance with California law. Sufficient funding exists in the 2021-2028 Capital Improvement Projects Plan – Street Resurfacing and Slurry Seal Improvement Project to cover the costs of the recommended action.

BACKGROUND:

The City has an established annual street maintenance program to slurry seal and asphalt overlay public streets. As a requirement of OCTA’s Measure M funding, the City utilizes a pavement management system to evaluate and score the condition of each street biannually utilizing a pavement condition index (“PCI”). The pavement management system provides recommendations to maintain a street’s condition based on the PCI rating. The PCI for the entire City is 75, or “Good” on a scale of 0-100, with 100 being a new street.

Typically, the City performs slurry seal applications in seven-year intervals and resurfaces streets on an as-needed basis with available funding. As part of the slurry seal program, staff also identified locations on the streets within zones that require structural repairs in addition to the slurry seal. The contractor would perform these localized repairs prior to the application of the slurry seal. This cost-saving management practice reduces expensive reconstruction costs by extending the useful life of the pavement without the need for full resurfacing of the asphalt. The Fiscal Year 2021-23 slurry seal project for non-arterial streets was identified as Zone F.

On April 5, 2022, the City Council awarded a construction contract to AAS for the Slurry Seal Project for Non-Arterial Streets, Zone F for $1,306,825.69.

The Project began on May 9, 2022. The City Manager authorized Contract Change Orders CCO #1 and CCO #2, which together added $27,311.44 in compensation to the construction contract with AAS. These Change Orders provided compensation for additional work related to final quantity adjustments based on field conditions, IRWD’s request for additional utility adjustments, additional repairs, and Micro Mill of the asphalt lips at high foot traffic areas.

DISCUSSION:

AAS substantially completed construction activities on July 19, 2022. The City’s construction manager conducted a final inspection to ensure the Project’s completion per the contract requirements.

Item: 11
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The Notice of Completion establishes a date that limits the time subcontractors and material vendors may file stop notices or liens against the project. Following City Council approval, the City Clerk must submit the Notice of Completion to the Clerk Recorder of Orange County within 15 days of the City Council’s action, as required by Section 9204 of the California Civil Code. Following approval and recordation, the Notice of Completion establishes a 30-day period for subcontractors and material vendors to file stop payment notices and initiates the start date for the warranty period. Since the work has been completed and accepted by the City, staff recommends the City Council approve the Notice of Completion and release the retention payment 30 days after recording the Notice of Completion, providing there are no stop notices for the project on file with the City.

Approving the recommended action would find the project complete, authorize the Mayor and City Clerk to sign the Notice of Completion, and allow staff to release any unencumbered retention in accordance with California law.

FISCAL IMPACT:

The fiscal impact of the recommended action would allow staff to release any unencumbered retention in accordance with California law. The total contract cost of the Project is $1,334,137.13. Sufficient funding exists in the 2021-2028 Capital Improvement Projects Plan – Street Resurfacing and Slurry Seal Improvement Project to cover the costs of the recommended action.

ATTACHMENTS:

Notice of Completion for Slurry Seal Project for Non-Arterial Streets, Zone F 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
Item: 11
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Attachment
Item: 11
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RECORDING REQUESTED BY
AND MAIL TO:

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

Fee Exempt – Gov’t Code §27383

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

NOTICE IS HEREBY GIVEN THAT:

1. The City of Lake Forest located at 100 Civic Center Drive, Lake Forest, California, 92630, has completed a public work of improvement described as Slurry Seal Project for Non-Arterial Streets, Zone F (PW 2021-05A) and accepted by the awarding authority upon the date hereof.

2. Date of completion: November 15, 2022

3. Description of work performed: Slurry Seal Project for Non-Arterial Streets, Zone F (PW 2021-05A)

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

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

6. The contractor was: American Asphalt South, Inc.

Dated ____________________________________ __________________________________________ Robert Pequeno, Mayor

ATTEST:

_________________________________________
Lisa Berglund, City Clerk

VERIFICATION

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

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

__________________________________________
Robert Pequeno, Mayor

ATTEST:

__________________________________________
Lisa Berglund, City Clerk
Item: 11
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2022
DEPARTMENT: City Clerk
SUBJECT:

CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
RECOMMENDED ACTION(S):

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

CITY OF LAKE FOREST, CALIFORNIA, APPROVING AND ADOPTING AN

AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
EXECUTIVE SUMMARY:

The Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), requires all public agencies to adopt and maintain a Conflict of Interest Code. The Act further requires that agencies regularly review and update their Codes as necessary as directed by the code-reviewing body or when change is necessitated by changed circumstances (Sections 87306 and 87306.5). The City Council is the City’s code-reviewing body.

The Conflict of Interest Code identifies position titles of employees that are required to file a statement of economic interest and assigns disclosure categories to these positions. The disclosure categories indicate the types of economic investments which must be reported, such as investments, interests in real estate, or sources of income or gifts.

During this review, staff found that amendments to the Code are necessary.

Attached is a legislative version of the proposed amended Code. The changes can be seen in red (Attachment 1). The proposed revisions are based on the establishment and recognition of new positions that must be designated. The proposed revisions also revise disclosure categories, revise titles of existing positions, and deletes positions that have been abolished and/or positions that no longer make or participate in making governmental decisions. Staff recommends the City Council adopt the resolution approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974 (Attachment 2).

Item: 12
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2 3
3 1
FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

1. Redlined Version of Proposed Amended Code

2. Resolution Adopting Amended Conflict of Interest Code Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 12
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ATTACHMENT 1
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55136.00300\40720526.1

LAW OFFICES OF
1 BBK – September 2018 November 2022

BEST BEST & KRIEGER LLP

CONFLICT OF INTEREST CODE
OF THE

CITY OF LAKE FOREST
(Amended October 16, 2018 November 15, 2022)
The Political Reform Act (Gov Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted 2 Cal. Code of Regulations section 18730 which contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Lake Forest (the "City").

All officials, and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall make and retain a copy of all statements filed by Officials listed in Government Code Section 87200, and forward the originals of such statements to the Fair Political Practices Commission. The City Clerk shall retain the originals of the statements of all other officials and designated positions and. will make all retained statements available for public inspection and reproduction during regular business hours (Gov. Code § 81008.)
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55136.00300\40720526.1

LAW OFFICES OF
-APP. A-1-BBK – September 2018 November 2022

BEST BEST & KRIEGER LLP

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF LAKE FOREST
(Amended October 16, 2018 November 15, 2022)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3, are NOT subject to the City's Code but must file disclosure statements under Government Code section 87200 et seq. [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments. 1 These positions are listed here for informational purposes only.

Director of Finance
1 Individuals holding one of the above listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.

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LAW OFFICES OF

BEST BEST & KRIEGER LLP
-APP. A-2-BBK – September 2018 November 2022

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
Accounting Supervisor 5
Administrative Services Manager 5
Assistant City Clerk 5
Assistant City Manager 1, 2
Assistant Director, Community Development 1, 2
Assistant Director, Finance 1, 2
Assistant Planner 2, 4, 5, 6
Assistant to the City Manager 1
Associate Planner 2, 3, 5, 6
Auditor, Finance Authority 1, 2
Building Official 5, 6
Building Permit Technician/Senior Building Permit Technician 6 Chief of Police Services 5, 6
City Attorney (Not filing under Gov. Code §87200) 1, 2
City Clerk 5
Civil Engineering Associate [Duties taken over by Engineering Aide] 2, 3, 5, 6 Code Enforcement Officer 6
Code Enforcement Supervisor 5, 6
Communication and Marketing Manager 5
Contracts/Purchasing Administrator 4
Deputy City Manager 1, 2
Director of Community Development 1, 2
Director of Community Services 5
Director of Management Services 4
Director of Public Works/City Engineer 1, 2
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LAW OFFICES OF

BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
-APP. A-3-BBK – September 2018 November 2022
Economic Development/Housing Manager 1, 2
Engineering Services Manager/Assistant City Engineer 2, 3, 5, 6 Engineering Technician 5, 6
Environmental Manager 6
Facilities Manager 5
Facilities Supervisor 5
Fire Chief 5, 6
Housing Manager 1, 2
Human Resources Manager 4
Information Technology Analyst 5
Information Technology Manager 5
Landscape Inspector/Senior Landscape Inspector 3, 5
Management Analyst 5
Management Assistant 5
Planning Manager 2, 3, 5, 6
Principal Civil Engineer 2, 3, 5
Public Safety Manager 5, 6
Public Works Maintenance Manager 2, 3, 5, 6
Public Works Supervisor 5
Records System Coordinator 5
Recreation Coordinator 5
Recreation Manager 5
Recreation Specialist 5
Recreation Supervisor (ALL) 5
Senior Communications & Marketing Analyst 5
Senior Management Analyst 4
Senior Planner 2, 3, 5, 6
Senior Recreation Supervisor 5
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55136.00300\40720526.1

LAW OFFICES OF

BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
-APP. A-4-BBK – September 2018 November 2022
Street Maintenance Inspector 2, 3, 5,
Traffic Engineering Manager 2, 3, 5

MEMBERS OF BOARDS,

COMMITTEES AND COMMISSIONS
Oversight Committee to Successor Agency 1, 2
Parks & Recreation Commission 1, 2
Successor Agency 1, 2
Traffic & Parking Commission 1, 2
Consultants and New Positions2
2 Individuals serving as a consultant as defined in FPPC Reg 18700.3 or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to designate a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code § 82019; Reg. 18734.) The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov.Code § 81008.) Item: 12
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LAW OFFICES OF

BEST BEST & KRIEGER LLP
-APP. B-1-BBK – September 2018 November 2022
PART “B”

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic investments that the designated position must disclose for each disclosure category to which he or she the designated is assigned. 3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.

Category 1: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the City.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City , including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 5: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.

Category 6: All investments and business positions and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division. 3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730)
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ATTACHMENT 2
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55136.00300\40743279.1

RESOLUTION NO. ___________

RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LAKE FOREST, CALIFORNIA, APPROVING AND

ADOPTING AN AMENDED CONFLICT OF INTEREST

CODE PURSUANT TO THE POLITICAL REFORM
ACT OF 1974
WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act ”), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Lake Forest (the “City”) and requires all public agencies to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code") which was amended on October 16, 2018, in compliance with the Act; and
WHEREAS, subsequent changed circumsta nces within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City's Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include c riminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided each affected designated position and publicly posted for review at the offices of the City Clerk; and
WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on November 15, 2022, at which all present were given an opportunity to be heard on the proposed amended Code.

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

FOREST HEREBY DETERMINES, RESOLVES, FINDS, AND ORD ERS AS FOLLOWS:

Section 1. The City Council does hereby adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto.

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Section 2. The amended Conflict of Interest Code shall be on file with the City Clerk, and be available to t he public for inspection and copying during regular business hours.

Section 3. The amended Conflict of Interest Code shall become effective on the date of its adoption and approval.

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

_____________________________

ROBERT PEQUENO
MAYOR

ATTEST:
______________________________

LISA BERGLUND, MPA

CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF LAKE FOREST )

I, LISA BERGLUND , City Clerk for the City of Lake Forest, do hereby certify that Resolution No. ___ ___ was duly adopted and passed at a regular meeting of the Lake Forest City Council on the 1 5th day of November, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

__________________________________________

LISA BERGLUND, MPA

CITY CLERK

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LAW OFFICES OF

BEST BEST & KRIEGER LLP

1 BBK – November 2022

CONFLICT OF INTEREST CODE
OF THE

CITY OF LAKE FOREST
(Amended November 15, 2022)
The Political Reform Act (Gov Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted 2 Cal. Code of Regulations section 18730 which contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amend ed by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission ar e hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Lake Forest (the "City").

All officials, and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall make and retain a copy of all statements filed by Officials listed in Government Code Section 87200, and forward the originals of such statements to the Fair Political Practices Commission. The City Clerk shall retain the originals of the statements of all other officials and designated positions and. will make all r etained statements available for public inspection and reproduction during regular business hours (Gov. Code § 81008.)
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LAW OFFICES OF

BEST BEST & KRIEGER LLP

-APP. A-1- BBK – November 2022

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF LAKE FOREST

(Amended November 15, 2022)
PART “A”
The Mayor, Members of the City Counci l and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all o ther City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3, are NOT subject to the City's Code but must file disclosure stat ements under Government Code section 87200 et seq. [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investment s.1 These positions are listed her e for informational purposes only.

Director of Finance

1 Individuals holding one of the above listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.

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LAW OFFICES OF

BEST BEST & KRIEGER LLP

-APP. A-2- BBK – November 2022

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED

Accounting Supervisor 5

Administrative Services Manager 5
Assistant City Clerk 5
Assistant City Manager 1, 2
Assistant Director, Community Development 1, 2
Assistant Director, Finance 1, 2
Assistant Planner 2, 4, 5, 6
Assistant to the City Manager 1
Associate Planner 2, 3, 5, 6
Auditor, Finance Authority 1, 2
Building Official 5, 6
Building Permit Technician/Senior Building Permit Technician 6 Chief of Police Services 5, 6
City Attorney (Not filing under Gov. Code §87200) 1, 2 City Clerk 5
Code Enforcement Officer 6
Code Enforcement Supervisor 5, 6
Communication and Marketing Manager 5
Deputy City Manager 1, 2
Director of Community Development 1, 2
Director of Community Services 5
Director of Management Services 4
Director of Public Works/City Engineer 1, 2
Economic Development/Housing Manager 1, 2
Engineering Services Manager/Assistant City Engineer 2, 3, 5, 6 Item: 12
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LAW OFFICES OF

BEST BEST & KRIEGER LLP

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED

-APP. A-3- BBK – November 2022

Engineering Technician 5, 6
Environmental Manager 6
Facilities Manager 5
Facilities Supervisor 5
Fire Chief 5, 6
Housing Manager 1, 2
Human Resources Manager 4
Information Technology Analyst 5
Information Technology Manager 5
Landscape Inspector/Senior Landscape Inspector 3, 5
Management Analyst 5
Management Assistant 5
Planning Manager 2, 3, 5, 6
Principal Civil Engineer 2, 3, 5
Public Safety Manager 5, 6
Public Works Maintenance Manager 2, 3, 5, 6
Public Works Supervisor 5
Recreation Manager 5
Recreation Supervisor (ALL) 5
Senior Communications & Marketing Analyst 5
Senior Management Analyst 4
Senior Planner 2, 3, 5, 6
Senior Recreation Supervisor 5
Street Maintenance Inspector 2, 3, 5,
Traffic Engineering Manager 2, 3, 5

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LAW OFFICES OF

BEST BEST & KRIEGER LLP

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED

-APP. A-4- BBK – November 2022

MEMBERS OF BOARDS,

COMMITTEES AND COMMISSIONS

Oversight Committee to Successor Agency 1, 2
Parks & Recreation Commission 1, 2
Successor Agency 1, 2
Traffic & Parking Commission 1, 2

Consultants and New Positions2

2 Individuals serving as a consultant as defined in FPPC Reg 18700.3 or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to designate a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requir ements must be in a written document. (Gov. Code § 82019; Reg. 18734.) The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov.Code § 81008.) Item: 12
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LAW OFFICES OF

BEST BEST & KRIEGER LLP

-APP. B-1- BBK – November 2022

PART “B”

DISCLOSURE CATEGORIES

The disclosure categories listed below identify the types of economic investments that the designated position must disclose for each disclosure category to which the designated is as signed.3 “ Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.

Category 1: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, that a re located in, do business in, or own real property within the jurisdiction of the City.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City , including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions i n business entities and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide ser vices, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 5: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.

Category 6: A ll investments and business positions and sources of income, including gifts, loans and t ravel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.

3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730)
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2022
DEPARTMENT: City Clerk
SUBJECT:

SECOND READING AND ADOPTION OF ORDINANCE NO. 358,

REGULATING E-BIKES AND MAKING VARIOUS UPDATES TO THE LAKE

FOREST MUNICIPAL CODE
RECOMMENDED ACTION(S):

1. Conduct Second Reading of Ordinance No. 358, 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.

2. Adopt Ordinance No. 358
EXECUTIVE SUMMARY:

During its regular meeting of November 1, 2022, the City Council considered and conducted the first reading of Ordinance No. 358 (Attachment). This ordinance regulates electric bicycles, motorized scooters, electrically motorized boards, and similar motorized recreational forms of transportation as allowed by State law. It further updates the Lake Forest Municipal Code to make minor refinements, corrections, clean-up amendments, and prohibit the use of open flames on public property to address the risks to public health and safety associated with accidental fires.

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

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ATTACHMENTS:

Ordinance No. 358
Initiated By: Vanessa Hall, Assistant City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
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Attachment
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Ordinance No. 358