Agenda packet — Lake Forest City Council, December 6, 2022 (part 1 of 2)

AGENDA

LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, December 6, 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#.

CALL TO ORDER:
5:30 p.m.

December 6, 2022

LAKE FOREST CITY COUNCIL AGENDA

Page 1 ends

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.

Public Comment – Speaker Card

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

INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(D)(4)
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.

December 6, 2022

LAKE FOREST CITY COUNCIL AGENDA

Page 2 ends

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 The Church of Jesus Christ of Latter-day Saints, Lake Forest Ward.

PLEDGE OF ALLEGIANCE:

The Pledge of Allegiance to the Flag of our Country
to be led by Council Member Tettemer.

CLOSED SESSION REPORT:

City Attorney will report on Closed Session.

REPORT FROM STUDENT LIAISON:

Report from Sam Quiambao, Student
Liaison from El Toro High School.

CEREMONIAL: (Item Nos. 2 – 6)

2. RESOLUTION CERTIFYING THE NOVEMBER 8, 2022 ELECTION
RECOMMENDED ACTION: Upon receipt of final election results, adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKE FOREST, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE

RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW

3. INSTALLATION AND OATH OF OFFICE CEREMONY
RECOMMENDED ACTION: City Clerk or designee to administer the Oath of Office and present Certificate of Election to newly elected City Council Members.

December 6, 2022

LAKE FOREST CITY COUNCIL AGENDA

Page 3 ends

4. COMMENTS BY INCOMING COUNCIL MEMBER-ELECT MARK
TETTEMER, DISTRICT 4
RECOMMENDED ACTION: Receive comments from Council Member-Elect Tettemer.

5. COMMENTS BY INCOMING COUNCIL MEMBER-ELECT SCOTT
VOIGTS, DISTRICT 3
RECOMMENDED ACTION: Receive comments from Council Member-Elect Scott Voigts.

6. COMMENTS BY INCOMING COUNCIL MEMBER-ELECT BENJAMIN YU, DISTRICT 2
RECOMMENDED ACTION: Receive comments from Council Member-Elect Benjamin Yu.

PRESENTATIONS: (Item Nos. 7 – 8)

7. CONSIDERATION OF A PRESENTATION FROM THE

TRANSPORTATION CORRIDOR AGENCIES
RECOMMENDED ACTION: Receive presentation from the Transportation Corridor Agencies.

8. RECOGNITION OF THE 2022 CHAMPION SPONSOR, EAGLE
COMMUNITY CREDIT UNION AND PRESENTATION OF THE 2023

SPECIAL EVENTS SPONSORSHIP OPPORTUNITIES PACKET
RECOMMENDED ACTION: 1. Recognize the 2022 Champion Sponsor, Eagle Community Credit Union.

2. Receive Presentation of the 2023 Special Events Sponsorship Opportunities Packet.

December 6, 2022

LAKE FOREST CITY COUNCIL AGENDA

Page 4 ends

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#.

Public Comment – Speaker Cards
CONSENT CALENDAR (Item Nos. 9 – 18)
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.

9. 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.

10. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 1, 2022
RECOMMENDED ACTION: Approve as submitted.

11. MONTHLY TREASURER'S REPORT - OCTOBER 2022
RECOMMENDED ACTION: Receive and file.

12. CERTIFICATION OF WARRANT REGISTER
RECOMMENDED ACTION: Approve the warrant register in the amount of $4,581,649.96 as submitted.

13. APPROVAL OF MEASURE M2 EXPENDITURE REPORT
RECOMMENDED ACTION: Adopt a Resolution entitled: A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, December 6, 2022

LAKE FOREST CITY COUNCIL AGENDA

Page 5 ends

CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE

CITY OF LAKE FOREST

14. CONSIDERATION OF THE 2023 CITY MEETING CALENDAR
RECOMMENDED ACTION: Adopt the 2023 City Meeting Calendar.

15. AWARD OF CONTRACT FOR STREET MAINTENANCE AND

ENGINEERING SUPPORT SERVICES
RECOMMENDED ACTION: 1. Award an Agreement for Maintenance Services in the amount of $4,850,529.46 to Charles Abbott & Associates, Inc., of Mission Viejo, California, for Street Maintenance and Engineering Support Services.

2. Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to Charles Abbott & Associates, Inc., of Mission Viejo, California, substantially in the form attached.

16. AGREEMENTS WITH VONAGE BUSINESS, INC. FOR TELEPHONE

EQUIPMENT AND SERVICES
RECOMMENDED ACTION: 1. Approve the Second Amendment to the 2019 Agreement with Vonage Business, Inc. for additional Telephone Equipment and Services at the Lake Forest Civic Center.

2. Approve the Agreement with Vonage Business, Inc. for Telephone Equipment and Services at the Lake Forest Civic Center, Sports Park, and the Etnies Skate Park of Lake Forest.

17. SECOND AMENDMENT TO THE AGREEMENT WITH FLOCK GROUP, INC.

RECOMMENDED ACTION: 1. Approve the Additional Services Agreement with Flock Group, Inc. for automatic license plate reader cameras.

2. Authorize the City Manager to sign, and the City Clerk to attest, the Additional Services Agreement, substantially in the form attached.

December 6, 2022

LAKE FOREST CITY COUNCIL AGENDA

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18. CITY COMMISSIONER TERMS EXPIRING IN DECEMBER 2022, AND

THE PROCESS FOR APPOINTING INDIVIDUALS TO THOSE SEATS
RECOMMENDED ACTION: Receive and File.

DISCUSSION/ACTION ITEMS (Item Nos. 19 – 21)
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.

19. STATEMENT OF INVESTMENT POLICY AND INVESTMENT ADVISORY

AND MANAGEMENT SERVICES DISCUSSION
RECOMMENDED ACTION: 1. Provide policy direction to revise the City’s Investment Policy to allow all investment opportunities authorized in the Government Code.

2. Provide policy direction to revise the City’s Investment Policy to allow for the use of an investment advisory firm to actively manage the City’s Investment Portfolio.

20. CITYWIDE STREET NAME SIGN PROJECT UPDATE
RECOMMENDED ACTION: 1. Approve the design of neighborhood street name signs and direct staff to proceed with the solicitation of bids for the Citywide Street Name Sign Project.

2. Provide direction regarding adding the replacement of Traffic Signal Street Name Signs to the Citywide Street Name Sign Project.

21. ADOPTION OF 2022 CALIFORNIA BUILDING STANDARDS CODES WITH LOCAL AMENDMENTS.

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), December 6, 2022

LAKE FOREST CITY COUNCIL AGENDA

Page 7 ends

TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS, AND DELETIONS; and

2. Direct staff to schedule a January 3, 2023, public hearing to adopt the Ordinance identified in Recommended Action 1, including provision of the appropriate public hearing notices.

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

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

Council Member Moatazedi:

Council Member Tettemer:

Council Member Voigts:

Mayor Pro Tem Cirbo:

Mayor Pequeño:

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 December 1, 2022.

Lisa Berglund
December 6, 2022

LAKE FOREST CITY COUNCIL AGENDA

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City Clerk
December 6, 2022

LAKE FOREST CITY COUNCIL AGENDA

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13 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022
DEPARTMENT: City Clerk
SUBJECT:

RESOLUTION CERTIFYING THE NOVEMBER 8, 2022, ELECTION
RECOMMENDED ACTION(S):

Upon receipt of final election results, adopt a Resolution entitled: A

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

CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULT, AND

SUCH OTHER MATTERS AS PROVIDED BY LAW
EXECUTIVE SUMMARY:

As required by law, the General Municipal Election was held and conducted in the City of Lake Forest, California, with Election Day occurring on Tuesday, November 8, 2022.

California Elections Code, Section 10262(b) provides in a consolidated election, that the City Elections Official, upon receipt of the results of the election from the Registrar of Voters, shall certify the results to the governing body, no later than the next regularly scheduled City Council meeting following the receipt of election results. Based on Elections Code Section 10263, before installing the new officers, the City Council shall adopt a resolution reciting the facts of the election and declare the elected person(s) for whom the highest numbers of votes were cast for each office in each District.

As of the preparation of this staff report, official election results have not yet been received from the Orange County Registrar of Voters. It is anticipated that official election results will be received before the December 6, 2022, City Council meeting. Should those results be received, the official election results will be presented to the City Council for adoption by City Council resolution, as required by law. A working draft of the resolution is attached as Attachment 1. Should official election results be provided to the City Clerk prior to December 6, 2022, a finished and final resolution will be drafted and added to the City website and copies will be made available at the City Clerk’s Office. The finished and final resolution will be presented to the City Council for adoption on December 6, Item: 2
14 2
2 9
6 2022. The resolution will declare and determine the successful candidates for City Council Districts 2, 3 and 4.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

Draft Resolution Declaring Results of the November 8, 2022, General Election Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 2
15 ATTACHMENT
Item: 2
16 DRAFT RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

FOREST, CALIFORNIA, RECITING THE FACTS OF THE
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8,
2022, DECLARING THE RESULT, AND SUCH OTHER MATTERS

AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of Lake Forest, California, on Tuesday, November 8, 2022, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, pursuant to Ordinance No. 5 adopted December 20, 1991, authorizing consolidation with the County, the County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as “Exhibit A.”

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

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

SECTION 1. That the whole number of ballots cast in the precincts, except vote by mail ballots, was ______; that the whole number of early voting ballots cast was _____; that the whole number of vote by mail ballots cast in the City was _____, making a total of ______ ballots cast in the City.

SECTION 2. That the names of persons voted for at the election for Member of the City Council are as follows:

District 2: Suzy Betz, Bob Stuart and Benjamin Yu
District 3: Scott Voigts
District 4: Mark Tettemer
.

Item: 2
17 SECTION 3. In accordance with Elections Code Section 10262, the City Clerk certified the results to the City County. The number of votes given at each precinct and the number of votes given in the City to each of the persons named in Section 2 above, are listed in Exhibit “A” attached to this Resolution.

SECTION 4. The City Council does declare and determine that the following candidates were elected as Members of the City Council for the full term of four years:

District 2: ___________
District 3: ___________
District 4: ___________
SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) the measures voted upon; (3) The names of the persons voted for; (4) For what office each person was voted for; (5) The number of votes given at each precinct to each person and for and against each measure; and (6) The total number of votes given to each person and for and against each measure.

SECTION 6. The City Clerk shall immediately make and deliver to each of the persons elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 6th day of December 2022, by the following vote, to wit:
__________________________

ROBET PEQUENO
MAYOR
ATTEST:

Item: 2
18 LISA BERGLUND, MPA

CITY CLERK
APPROVED AS TO FORM:

MATTHEW E. RICHARDSON

CITY ATTORNEY
Item: 2
19 STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2022- was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 6th day of December 2022, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________

LISA BERGLUND, MPA

CITY CLERK
Item: 2
20 (This Exhibit intentionally left blank)
Exhibit A
Item: 2
21 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022
DEPARTMENT: City Clerk
SUBJECT:

INSTALLATION AND OATH OF OFFICE CEREMONY
RECOMMENDED ACTION(S):

City Clerk or designee to administer the Oath of Office and present Certificate of Election to newly elected City Council Members.

EXECUTIVE SUMMARY:

As required by law, the General Municipal Election was held and conducted in the City of Lake Forest, California, with Election Day occurring on Tuesday, November 8, 2022. As of the preparation of this staff report, official election results have not yet been received from the Orange County Registrar of Voters. It is anticipated that official election results will be received before the December 6, 2022, City Council meeting. Should those results be received, the official election results will be presented to the City Council for adoption by City Council Resolution, as required by law.

After adoption of the Resolution, it will be appropriate for the City Clerk to proceed with the Installation and Oath of Office Ceremony.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 3
22 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022
DEPARTMENT: City Clerk
SUBJECT:

COMMENTS BY INCOMING COUNCIL MEMBER-ELECT MARK TETTEMER, DISTRICT 4
RECOMMENDED ACTION(S):

Receive comments from Council Member-Elect Tettemer
EXECUTIVE SUMMARY:

As in the past, upon adoption of the official election results and after the conclusion of the Oath of Office Ceremony, newly elected officials are provided with a brief period (outside normal City Council Comments) to comment on the election and upcoming term of office. At this time, it is appropriate to invite the representative from District 4, to offer comments.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 4
23 Item: 4
24 Item: 4
25 Item: 4
26 Item: 4
27 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022
DEPARTMENT: City Clerk
SUBJECT:

COMMENTS BY INCOMING COUNCIL MEMBER-ELECT SCOTT VOIGTS, DISTRICT 3
RECOMMENDED ACTION(S):

Receive comments from Council Member-Elect Scott Voigts.

EXECUTIVE SUMMARY:

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 5
28 Item: 5
29 Item: 5
30 Item: 5
31 Item: 5
32 Item: 5
33 Item: 5
34 Item: 5
35 Item: 5
36 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022
DEPARTMENT: City Clerk
SUBJECT:

COMMENTS BY INCOMING COUNCIL MEMBER-ELECT BENJAMIN YU,
DISTRICT 2
RECOMMENDED ACTION(S):

Receive comments from Council Member-Elect Benjamin Yu.

EXECUTIVE SUMMARY:

As in the past, upon adoption of the official election results and after the conclusion of the Oath of Office Ceremony, newly elected officials are provided with a brief comment period (outside of the City Council comment period) to comment on the election and upcoming term of office. At this time, it is appropriate to invite the representative from District 2 to offer comments.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 6
37 Item: 6
38 Item: 6
39 Item: 6
40 Item: 6
41 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022
DEPARTMENT: City Clerk
SUBJECT:

CONSIDERATION OF A PRESENTATION FROM THE TRANSPORTATION

CORRIDOR AGENCIES
RECOMMENDED ACTION(S):

Receive presentation from the Transportation Corridor Agencies.

EXECUTIVE SUMMARY:

The Transportation Corridor Agencies (“TCA”) consists of two agencies: The San Joaquin Hills Transportation Corridor Agency which oversees the 73 Toll Road, and the Foothill/Eastern Transportation Corridor Agency which operates the 133, 241, and 261 Toll Roads. The TCA’s two Board of Directors consists of elected officials from 17 member agencies and the County of Orange. The City of Lake Forest is currently represented by Council Member Scott Voigts.

Tonight, David Matza, TCA Deputy Director of Government Relations, will present the TCA strategic plan for FY 2023. The plan is comprised of seven areas: fiscal management, environmental stewardship, tolling technology, public engagement, capital project and regional mobility partnerships.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Initiated By: Lisa Berglund, City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 7
42 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022
DEPARTMENT: Management Services
SUBJECT:

RECOGNITION OF THE 2022 CHAMPION SPONSOR, EAGLE COMMUNITY CREDIT UNION, AND PRESENTATION OF THE 2023 SPECIAL EVENTS

SPONSORSHIP OPPORTUNITIES PACKET
RECOMMENDED ACTION(S):

1. Recognize the 2022 Champion Sponsor, Eagle Community Credit Union.

2. Receive Presentation of the 2023 Special Events Sponsorship Opportunities Packet.

EXECUTIVE SUMMARY:

Local businesses can sponsor City of Lake Forest special events by filling out the Sponsorship Opportunities Packet and Application (“Sponsorship Packet”). In addition to offsetting costs for these community events, sponsorship opportunities provide businesses with increased exposure to the community.

Staff updated the Sponsorship Packet in 2022 to include a Champion sponsorship level, in which a $10,000 contribution can be made to sponsor all City events within a calendar year.

Following this update, the City received its first Champion Sponsorship from Eagle Community Credit Union (“ECCU”). ECCU has been established since 1937 with the goal of serving its members and its community. They have six branches in South Orange County, including one in Lake Forest off Rockfield Blvd. During tonight’s meeting, the City Council will have the opportunity to recognize and thank ECCU for their generous support by presenting them with a Certificate of Recognition (Attachment 1).

Staff will also present the 2023 Sponsorship Packet, making the City Council and community aware of the opportunities available for the coming year (Attachment 2).

Item: 8
43 FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

1. Certificate of Recognition - Eagle Community Credit Union

2. Special Event Sponsorship Opportunities Packet and Application Initiated By: Nicole Houston, Management Analyst
Submitted By: Brett Channing, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 8
44 ATTACHMENT 1
Item: 8
45 CERTIFICATE OF RECOGNITION

THE LAKE FOREST

CITY COUNCIL

RECOGNIZES

EAGLE COMMUNITY CREDIT UNION

2022 CHAMPION SPONSOR
Thank you for your support and contribution.

December 6, 2022

____________________________
ROBERT PEQUEÑO
MAYOR

_____________________________

DOUG CIRBO

MAYOR PRO TEM

____________________________

SCOTT VOIGTS

COUNCIL MEMBER
_____________________________

MARK TETTEMER

COUNCIL MEMBER
____________________________

BENJAMIN YU

COUNCIL MEMBER

Item: 8
46 Attachment 2
Item: 8
47 City of Lake Forest
Community Services Division

Item: 8
48 The City of Lake Forest Community Services Division
offers sponsorship opportunities for each of its
Signature Events, as well as other special events. The
program is designed to provide businesses with
significant recognition for their support and
contribution.

range from $100 to $10,000. The amount
donated designates sponsorship level, each with its
own set of benefits. The City aims to ensure a
mutually beneficial relationship between the City
and your business.

If you are interested in becoming a sponsor, submit
your completed application to Laura Lisack at
[email protected]. For additional information
call (949) 461-3451.

Item: 8
49 Community Outreach

The City of Lake Forest hosts 4
signature events annually. The
Leaflet, Lake Forest’s quarterly
publication, advertises all special
events and is mailed to 35,000 homes.

Additionally, the City’s social media
posts reach over 1 million people.

By sponsoring a City event, your
business will be provided the
opportunity to reach these
individuals as well. With more than
30,000 people attending the City’s
events annually, these methods
demonstrate successful
communication with the community.

Item: 8
50 Signature Events
Snowfest
Hit the snow-laden slopes at Pittsford Park for this annual snow spectacular! Both kids and adults can come to play in the snow at this special event. Sleds and saucers are available for use, to slide down Mount Pittsford. The play snow area, for kids 10 and under, is open during the entire event. Additional attractions and games are available, as well as fun photo opportunities. Food and drinks are available for a nominal fee.

Average Attendance: 2,500 Average Media Reach: 120,000

Bunny Blast
Everyone’s favorite springtime event! A fun-filled day for the entire family, including game booths, rides, music, and other fun activities! Bags and baskets can be used to collect eggs full of candy from themed egg stations. The first 1,000 young friends can participate in the egg-cellent egg stations! Visit and take pictures with both Nectar and Hoppy The Spring Bunny.

Average Attendance: 3,000 Average Media Reach: 100,000

Fourth of July Parade
Get your flag flying high on the Fourth of July! The City of Lake Forest has hosted its annual Fourth of July Parade since its incorporation in 1991. With an established parade route, preceded by a pancake breakfast and 5k run/walk, the event offers an array of activities.

Show your patriotism by coming out and supporting your community! Average Attendance: 12,000 Average Media Reach: 120,000

Halloween Spooktacular
A wicked good time for everyone! This family-friendly Halloween Spooktacular offers activities for all ages! The Sports Park will be transformed into a haunted structure, featuring games, crafts, Trunk- or-Treats, and a pumpkin carving contest. Children are encouraged to wear their costumes as they join in the fun!
Average Attendance: 3,000 Average Media Reach: 120,000 Item: 8
51 Special Events
In addition to its Signature Events, the City hosts various Special Events throughout the year, each with the opportunity for sponsorship.

Winter
Santa Events (Sponsorship includes 3 events below*)
*Breakfast with Santa
Average Attendance: 200 Average Media Reach: 100,000
*Calls from Santa
Average Attendance: 100 Average Media Reach: 75,000
*Letters from Santa
Average Attendance: 100 Average Media Reach: 75,000

Pet Expo
Average Attendance: 3,000 Average Media Reach: 100,000

Spring
Spring Boutique
Average Attendance: 500 Average Media Reach: 75,000

Summer
Summer Concert Series (3 sponsorship opportunities)
Average Attendance: 3,500 Average Media Reach: 300,000 Family Camp Out
Average Attendance: 150 Average Media Reach: 75,000
Movies in the Park (Sponsorship includes series of 3)
Average Attendance: 1,000 Average Media Reach: 75,000

Fall
Fall Boutique
Attendance: 500 AVERAGE Media Reach: 75,000

Additional sponsorship opportunities available for The Clubhouse Senior Center and our Special Needs community. For more information, please contact Vicky Blethen at [email protected] or (949) 461-3453.

Item: 8
52 Sponsorship Benefit* Sponsorship Levels
Title
$2,500
Diamond
$1,000
Platinum
$500
Gold
$250
Silver
$100
Certificate of Recognition from City X X X X X
Acknowledgement on City website X X X X
Company logo featured on print
advertisements
X X X
Booth at event (if applicable) X X
Shared social media posts X X
Company recognition during
announcements
X X
Company logo featured on
promotional items
X
Special recognition at City Council
meeting
X
Preferred booth space at event X
Company logo featured in The
Leaflet publication
(Half Page)
X
Company logo featured in The
Leaflet publication
(Quarter Page)
X
Company logo featured in The
Leaflet publication
(Business Card Size)
X
*If applicable to sponsored event.

Champion Sponsorship - $10,000
Guarantees Title Sponsorship benefits for all City events, within a calendar year. Sponsorships received and approved prior to January will receive full benefit(s).

Proration not permitted.

Sponsorship Levels

Sponsorship pricing applies to all Signature and Special Events.

Item: 8
53 City of Lake Forest
Special Event Sponsorship Application
Business Information
Business Name:

Business Type:

Business Address:

Applicant Name:

Title: Phone Number:

Email Address:

Event Contact Name:

Title: Phone Number:

Sponsorship Level
Event:

Champion
Title Diamond Platinum Gold Silver

To sponsor one of the City’s Signature or Special Events, submit a completed application to Community Services. Payment must be received within 10 days of application submission, via check made out to ‘City of Lake Forest’. The Director of Community Services may approve or deny a prospective sponsorship application and/or cancel any agreement with an event sponsor, as he/she deems appropriate. For additional information, contact Laura Lisack at (949) 461-3451 or [email protected].

For Office Use Only
Check#: Amount: Check Date: Initial:

Item: 8
54 a Special Thank you to our
2022 Champion Sponsor

And thank you to our 2022 title sponsors
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74 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022
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: 9
75 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: 10
76 LAKE FOREST CITY COUNCIL MINUTES NOVEMBER 1, 2022 Page No. 2
5 1
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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: 10
77 LAKE FOREST CITY COUNCIL MINUTES NOVEMBER 1, 2022 Page No. 3
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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: 10
78 LAKE FOREST CITY COUNCIL MINUTES NOVEMBER 1, 2022 Page No. 4
5 1
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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.

Item: 10
79 LAKE FOREST CITY COUNCIL MINUTES NOVEMBER 1, 2022 Page No. 5
5 1
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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: 10
80 LAKE FOREST CITY COUNCIL MINUTES NOVEMBER 1, 2022 Page No. 6
5 1
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0 Commerce mixer held on October 20 at the
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: 10
81 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/06/2022
DEPARTMENT: Finance
SUBJECT:

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

Receive and file.

EXECUTIVE SUMMARY:

The Treasurer's Report for the month ended October 31, 2022, is attached.

There are no exceptions to the Investment Policy. Total cash and investments equal $171.6 million for the period.

DISCUSSION:

The Treasurer’s Report for the month ended October 31, 2022, is attached.

There are no exceptions to the Investment Policy.

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

Type Millions
Local Agency Investment Fund (LAIF) 74.2
California Asset Management Program (CAMP) 43.4
Orange County Investment Pool (OCIP) 41.4
Federated Government Obligations Fund 0.0
Operating Bank Balance – US Bank 12.6
Total Cash and Investments $171.6
Item: 11
82 The investment portfolio balance (excluding the operating bank balance) was unchanged during the last month. The balance in the investment portfolio was consistent with staff’s expectations based on the operating and capital improvement activities during the month.

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

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

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

The city earned approximately 2.15% on the overall investment portfolio in October 2022.

LAIF is a conservative investment pool managed by the State. The State cannot access these balances to fund its operational expenditures. Staff believe it is still prudent to maintain funds for liquidity in LAIF. LAIF earned 1.772% on the fund in October.

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

1.791% on the fund as of October 31, 2022.

CAMP is a conservative short-term money market investment pool for a group of local agencies. CAMP earned approximately 3.14% on the fund as of October 31, 2022.

Cash with Fiscal Agent

During the month, cash with the fiscal agent was unchanged.

Item: 11
83 FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

Monthly Treasurer’s Report
Initiated By: Amy Lewis, Assistant Director of Finance
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
Item: 11
84 ATTACHMENT
Item: 11
85 VALUE OF PORTFOLIO
This Month Last Month
Market Value 159,036,301$ 158,645,173$
Book Value 159,036,301$ 158,645,173$
This Month Last Month
Average Maturity (days) 1 1
Average Maturity to Call (days) 1 1
RETURN
This Month Last Month
Average Annual Return 2.150% 1.746%
Average Annual Return to Call 2.150% 1.746%

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

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

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

Local Agency Investment Fund, California Asset Management Program and

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

Kevin R. Shirah
Director of Finance / City Treasurer

CITY OF LAKE FOREST

MONTHLY INVESTMENT HIGHLIGHTS
October 31, 2022
Orange County Investment Pool market values are the withdrawal amount. 1 Item: 11
86 SUMMARY OF TRANSACTIONS
Investment Securities*
Activity
Dollar Volume
(Par Value)
Transaction
Count
Purchases -$ -$
Maturities -$ 0
Called - Prior to Maturity -$ -$
Sale - Prior to Maturity -$ -$
* The Investment Securities activity is also included in the account summary below.

LAIF, CAMP, OCIP & Money Market Mutual Fund (MMMF)
Category Deposits Withdrawals
Local Agency Investment Fund 252,551$ -$
California Asset Management Program 115,262$ -$
Orange County Investment Pool 26,435$ 1,874$
Federated Government Obligations Fund Service Shares 16$ 1,262$ No exceptions.

EXCEPTIONS TO INVESTMENT POLICY
October 31, 2022

CITY OF LAKE FOREST

MONTHLY INVESTMENT HIGHLIGHTS/
October 31, 2022

EXCEPTIONS TO INVESTMENT POLICY

CITY OF LAKE FOREST
2 Item: 11
87 CITY OF LAKE FOREST

CASH AND INVESTMENTS
October 31, 2022
CASH & INVESTMENTS:

Type Market Value
Bank Accounts 12,552,599$
Investments 0
Local Agency Investment Fund 74,246,703
California Asset Management Program 43,368,988
Orange County Investment Pool 41,412,943
Federated Government Obligations Fund Service Shares 7,668 Total 171,588,901$
3 Item: 11
88 CITY OF LAKE FOREST

PORTFOLIO STRUCTURE
October 31, 2022
COMPARISON OF INVESTMENT PORTFOLIO BY TYPE:

Average
% or $ Average Maturity Allowed
Book % or $ Over Maturity to Call Maturity
Type of Instrument Value Portfolio Allowed Limit (in days) (in days) (in days) U.S. Treasury Bills 0.0% 100% 1825
U.S. Treasury Notes 0.0% 100% 1825
U.S. Treasury Bonds 0.0% 100% 1825
Federal Agencies -$ 0.0% 100% 0 0 1825 Bankers' Acceptances 0.0% 20% 180
Certificates of Deposit (Non-Negotiable) 0.0% 30% 730
Commercial Paper 0.0% 25% 270
Local Agency Investment Fund 74,246,703 46.7% $75 MM N/A N/A N/A California Asset Management Program 43,368,988 27.3% 30% N/A N/A N/A Orange County Investment Pool 41,412,943 26.0% 100% N/A N/A N/A Federated Government Obligations Fund Service Shares 7,668 0.0% 10% N/A N/A N/A Totals 159,036,301$ 100.0%
CALLABLES AS PERCENTAGE OF BOOK VALUE:

Federal Agencies - Callable -$ 0.0% 100% 0 0 1825 4 Item: 11
89 INVESTMENT PORTFOLIO BY ISSUER:

Book % of % or $ Over
Issuer Name Value Portfolio Allowed Limit Quality
Local Agency Investment Fund 74,246,703 46.7% $75 MM N/R California Asset Management Program 43,368,988 27.3% 30% N/R Orange County Investment Pool 41,412,943 26.0% 100% N/R Federated Government Obligations Fund Service Shares 7,668 0.0% 10% AAA Totals 159,036,301$ 100.0%
DISTRIBUTION BY SELLING INSTITUTION:
% of
Name of Institution Book Value Total
Local Agency Investment Fund 74,246,703 46.7%
California Asset Management Program 43,368,988 27.3%
Orange County Investment Pool 41,412,943 26.0%
Federated Government Obligations Fund Service Shares 7,668 0.0% Totals 159,036,301$ 100.0%

CITY OF LAKE FOREST

DISTRIBUTION BY SELLING INSTITUTION
October 31, 2022

PORTFOLIO STRUCTURE
5 Item: 11
90 CITY OF LAKE FOREST
PORTFOLIO DETAILS SORTED BY MATURITY DATES 1
October 31, 2022
Market Par Book Coupon Yield to Purchase Maturity
Type of Instrument Issuer 2 Seller 3 Value 4
Value Value Rate Maturity Date Date
LAIF 5 N/A N/A 74,246,703 74,246,703 74,246,703 N/A N/A N/A N/A CAMP 6
N/A N/A 43,368,988 43,368,988 43,368,988 N/A N/A N/A N/A OCIP 7
N/A N/A 41,412,943 41,412,943 41,412,943 N/A N/A N/A N/A Money Market Fund 8
N/A N/A 7,668 7,668 7,668 N/A N/A N/A N/A
Totals 159,036,301$ 159,036,301$ 159,036,301$
1 All investments are held in safekeeping by US Bank.
2 UST = U.S. Treasury/FHLB = Federal Home Loan Bank/FHLMC = Federal Home Loan Mortgage Co./ 3 RAYMOND = Raymond James & Associates, Inc. / MULTI-BANK = Multi-Bank Securities, Inc. 4 Market values are obtained monthly from US Bank.
5 Local Agency Investment Fund
6 California Asset Management Program
7 Orange County Investment Pool
8 Federated Government Obligations Money Market Fund
6 Item: 11
91 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022
DEPARTMENT: Finance
SUBJECT:

CERTIFICATION OF WARRANT REGISTER
RECOMMENDED ACTION(S):

Approve the warrant register in the amount of $4,581,649.96 as submitted.

EXECUTIVE SUMMARY:

In accordance with Government Code Section 37202 and Lake Forest Municipal Code Chapter 3.16, the officials below certify that 1) the invoices of the warrant register have been properly reviewed and 2) funds are available for payment of the warrants.

FISCAL IMPACT:

The amount of the warrant register is $4,581,649.96.

ATTACHMENTS:

Warrant Register
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
Item: 12
92 ATTACHMENT
Item: 12
93 This warrant register includes:

Total manual warrants 150,000.00$
Total current warrants 4,431,649.96$
Grand total warrant register 4,581,649.96$
The following warrants are in excess of $10,000:

AMOUNT
360CIVIC 69816 15,193.50
ADVANTAGE MAILING LLC 69818 32,785.16
ALL CITIES ENGINEERING INC 69861 273,498.71
ALL CITY MANAGEMENT 69862 14,668.02
BEAR ELECTRICAL SOLUTIONS INC. 69825 14,635.50
BKF ENGINEERS 69826 21,678.25
CLIFTONLARSONALLEN LLP 69869 17,000.00
COLLINS COMPANY 69830 18,132.00
COUNTY OF ORANGE 69871 83,546.00
COUNTY OF ORANGE TREASURER-TAX 69873 1,642,260.93
COUNTY OF ORANGE TREASURER-TAX 69874 1,642,260.93
COUNTY OF ORANGE TREASURER-TAX 69872 79,786.59
COUNTY OF ORANGE TREASURER-TAX 69831 24,586.87
G2 CONSTRUCTION INC 69878 55,358.40
HARTZOG & CRABILL INC. 69879 14,110.35
HINDERLITER DE LLAMAS & ASSOC 69881 11,748.07
INTERWEST CONSULTING 69839 144,041.41
LAKE FOREST CHAMBER OF COMMRCE 69887 10,000.00
ONWARD ENGINEERING 69844 42,350.55
PRIME GOVERNMENT SOLUTIONS LLC 69845 20,160.00
SOUTH COUNTY OUTREACH 69895 19,002.59
TAIT & ASSOCIATES INC. 69853 24,968.53
WEST COAST ARBORISTS, INC. 69857 42,140.00
WEST COAST ARBORISTS, INC. 69903 38,868.00
YIFTEE INC 110575 (Manual) 150,000.00
Department: Designation: Designation:

City Clerk (CC) Finance (F)
City Manager (CM) Management Services (MS)
Community Development (CD) Public Works (PW)
Community Services (CS) Police Services (PS)
City of Lake Forest
Warrant Register
November 2022
Department:

Item: 12
94 8:32 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
1Page:

Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.

Taxes Withheld
CA 94025

0.0011/22/2022 110575MANL
11/22/2022011901
11/22/2022ROUND 1 (ED)
11/22/2022COMMUNITY GIFT CARD BOGO 120807YIFTEE INC
150,000.004663

0.00 MENLO PARK
Total: 110575Check No. 150,000.00
Total for YIFTEE INC 150,000.00

0.00 0.00
150,000.00
150,000.00
150,000.00
Net Total:

Less Hand Check Total:

Grand Total:

Total Invoices: 1 Less Credit Memos:

Outstanding Invoice Total:

Item: 12
95 8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
1Page:

Taxes Withheld
CA 92868

0.0011/03/2022 69816OP
11/03/2022011860
11/03/2022AUG (MS)
11/03/2022WEBSITE REDESIGN SERVICES 120645360CIVIC
15,193.5030349

0.00 ORANGE
Total: 69816Check No. 15,193.50
Total for 360CIVIC 15,193.50
CA 92691

0.0011/03/2022 69817OP
11/03/202201029
11/03/2022TOLEDO/TAMARISK OCT (PW)
11/03/2022REPAIR BACKFLOW DEVICE 120614A.C. LANDSCAPE INC. 343.8921013

0.00 MISSION VIEJO
Total: 69817Check No. 343.89
Total for A.C. LANDSCAPE INC. 343.89
CA 92081

0.0011/10/2022 69858OP
11/10/2022011409
11/10/2022 (CM)
11/10/2022UPS REPLACEMENT BATTERY 120749ABTECH TECHNOLOGIES INC.

62.202209064-IN-2

0.00 VISTA
CA 92081

0.0011/10/2022 69858OP
11/10/2022011409
11/10/2022
11/10/2022POWER CABLES (CM) 120750ABTECH TECHNOLOGIES INC.

64.742210053-IN

0.00 VISTA
Total: 69858Check No. 126.94
Total for ABTECH TECHNOLOGIES INC. 126.94
CA 92816

0.0011/03/2022 69818OP
11/03/202201821
11/03/2022(MS)
11/03/2022LEAFLET & REC GUIDE PRINTING 120654ADVANTAGE MAILING LLC 30,506.16172731

0.00 ADVANTAGE COLOR GRAPHICS

ANAHEIM
CA 92816

0.0011/03/2022 69818OP
11/03/202201821
11/03/2022DELIVERY SERVICES OCT (CM)
11/03/2022BUSINESS BROCHURE - PRINT AND 120657ADVANTAGE MAILING LLC 2,279.00173366

0.00 ADVANTAGE COLOR GRAPHICS

ANAHEIM
Total: 69818Check No. 32,785.16
Total for ADVANTAGE MAILING LLC 32,785.16
CA 92630

0.0011/03/2022 69819OP
11/03/20221940
11/03/2022SEP (CS)
11/03/2022SENIOR MOBILITY PROGRAM 120658AGE WELL SENIOR SERVICES 4,224.000922

0.00 LAKE FOREST
Item: 12
96 8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
2Page:

Taxes Withheld
Total: 69819Check No. 4,224.00
CA 92630

0.0011/10/2022 69859OP
11/10/20221940
11/10/20221ST QTR (CD)
11/10/2022CDBG SUBRECIPIENT 120766AGE WELL SENIOR SERVICES 1,800.00JUL - SEP 2022

0.00 LAKE FOREST
Total: 69859Check No. 1,800.00
Total for AGE WELL SENIOR SERVICES 6,024.00
CA 92630

0.0011/10/2022 69860OP
11/10/2022011900
11/10/2022LUNCH (CS)
11/10/2022OCTOBER THURSDAY CLUBHOUSE 120802AHMAD HAIDREY 836.4911/07/2022

0.00 LAKE FOREST
Total: 69860Check No. 836.49
Total for AHMAD HAIDREY 836.49
CA 91110-1900

0.0011/03/2022 69820OP
11/03/2022011363
11/03/2022
11/03/2022LAKE FOREST ACADEMY PINS 120652AIA CORPORATION 584.53SYA2890222

0.00 PASADENA
Total: 69820Check No. 584.53
Total for AIA CORPORATION 584.53
CA 92509

0.0011/10/2022 69861OP
11/10/2022011891
11/10/2022PROJECT OCT (PW)
11/10/2022SAFE STEP IMPROVEMENT 120760ALL CITIES ENGINEERING INC 273,498.712055

0.00 JURUPA VALLEY
Total: 69861Check No. 273,498.71
Total for ALL CITIES ENGINEERING INC 273,498.71
CA 90084

0.0011/10/2022 69862OP
11/10/20220126
11/10/2022CONTRACT SERVICES (PS)
11/10/2022CROSSING GUARD 10/2-10/15 120756ALL CITY MANAGEMENT 14,668.0280551

0.00 SERVICES, INC.

LOS ANGELES
Total: 69862Check No. 14,668.02
Total for ALL CITY MANAGEMENT 14,668.02
Item: 12
97 8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
3Page:

Taxes Withheld
CA 92688

0.0011/03/2022 69821OP
11/03/2022011774
11/03/2022EL TORO PARK (PW)
11/03/2022BEE / WASP TREATMENT OCT 120639ALLURE PEST MANAGEMENT INC. 150.0074905

0.00 RANCHO SANTA MARGARITA
CA 92688

0.0011/03/2022 69821OP
11/03/2022011774
11/03/2022CANDOR LN ELECTRIC BOX (PW)
11/03/2022BEE / WASP TREATMENT OCT 120640ALLURE PEST MANAGEMENT INC. 150.0074973

0.00 RANCHO SANTA MARGARITA
Total: 69821Check No. 300.00
Total for ALLURE PEST MANAGEMENT INC. 300.00
CA 92618

0.0011/10/2022 69863OP
11/10/2022011330
11/10/2022STATION, CIVIC CENTER (PW)
11/10/2022ELECTRICAL REPAIR POLICE 120745ANDERSON & HOWARD ELECTRIC INC 2,639.26960002017

0.00 IRVINE
CA 92618

0.0011/10/2022 69863OP
11/10/2022011330
11/10/2022ELEC REPAIR CIVIC CENTER (PW)
11/10/2022PARKING GARAGE LIGHT PANEL 120746ANDERSON & HOWARD ELECTRIC INC 250.00960002018

0.00 IRVINE
Total: 69863Check No. 2,889.26
Total for ANDERSON & HOWARD ELECTRIC INC 2,889.26
CA 92253

0.0011/03/2022 69822OP
11/03/2022010988
11/03/2022INSTRUCTOR PAYMENT (CS)
11/03/2022FALL YOGA COURSE 120617ANDREA THORLAKSON
1,058.4011177

0.00 LA QUINTA
Total: 69822Check No. 1,058.40
Total for ANDREA THORLAKSON 1,058.40
CA 90248

0.0011/03/2022 69823OP
11/03/2022010902
11/03/2022VETERAN'S PARK (PW)
11/03/2022LAKE MAINTENANCE OCT 120642AQUABIO ENVIRONMENTAL 150.00101554

0.00 TECHNOLOGIES

GARDENA
Total: 69823Check No. 150.00
Total for AQUABIO ENVIRONMENTAL 150.00
MA 02186

0.0011/10/2022 69864OP
11/10/2022011050
11/10/2022NOV (F)
11/10/2022FLEET GPS UNITS 120794ASSURED TELEMATICS INC. 291.0099516

0.00 MILTON
Item: 12
98 8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
4Page:

Taxes Withheld
Total: 69864Check No. 291.00
Total for ASSURED TELEMATICS INC. 291.00
IL 60197-9011

0.0011/03/2022 69824OP
11/03/2022011084
11/03/2022
11/03/2022PARK UTILITIES SEP (PW) 120624AT&T CALNET3

72.93189 000018885957

0.00 CAROL STREAM
Total: 69824Check No. 72.93
Total for AT&T CALNET3 72.93
CA 95002

0.0011/03/2022 69825OP
11/03/2022011384
11/03/2022SEP ROUTINE (PW)
11/03/2022TRAFFIC SIGNAL MAINTENANCE 120606BEAR ELECTRICAL SOLUTIONS INC. 5,495.5016828

0.00 ALVISO
CA 95002

0.0011/03/2022 69825OP
11/03/2022011384
11/03/2022SEP RESPONSE (PW)
11/03/2022TRAFFIC SIGNAL MAINTENANCE 120607BEAR ELECTRICAL SOLUTIONS INC. 7,940.0016850

0.00 ALVISO
CA 95002

0.0011/03/2022 69825OP
11/03/2022011384
11/03/2022SEP RESPONSE (PW)
11/03/2022TRAFFIC SIGNAL MAINTENANCE 120608BEAR ELECTRICAL SOLUTIONS INC. 1,200.0016851

0.00 ALVISO
Total: 69825Check No. 14,635.50
Total for BEAR ELECTRICAL SOLUTIONS INC. 14,635.50
CA 94065

0.0011/03/2022 69826OP
11/03/2022011809
11/03/2022TURN DESIGN AUG (PW)
11/03/2022LOS ALISOS/MUIRLANDS 2ND LEFT 120620BKF ENGINEERS 9,790.0022090990

0.00 REDWOOD CITY
CA 94065

0.0011/03/2022 69826OP
11/03/2022011809
11/03/2022TURN DESIGN SEP (PW)
11/03/2022LOS ALISOS/MUIRLANDS 2ND LEFT 120621BKF ENGINEERS 11,888.2522101334

0.00 REDWOOD CITY
Total: 69826Check No. 21,678.25
Total for BKF ENGINEERS 21,678.25
CA 92651

0.0011/10/2022 69865OP
11/10/2022011899
11/10/20221ST QTR (CD)
11/10/2022CDBG SUBRECIPIENT 120788BOYS & GIRLS CLUB OF LAGUNA 1,250.00JUL - SEP 2022

0.00 BEACH

LAGUNA BEACH
Item: 12
99 8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
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Taxes Withheld
Total: 69865Check No. 1,250.00
Total for BOYS & GIRLS CLUB OF LAGUNA 1,250.00
CA 91110-2463

0.0011/03/2022 69827OP
11/03/2022011265
11/03/2022CENTER OCT (PW)
11/03/2022MONTHLY MAINTENANCE CIVIC 120613BRIGHTVIEW LANDSCAPE SERVICES 3,625.008102601

0.00 INC.

PASADENA
Total: 69827Check No. 3,625.00
CA 91110-2463

0.0011/10/2022 69866OP
11/10/2022011265
11/10/2022LFSP (PW)
11/10/2022PLANT INFIELD OCT 120759BRIGHTVIEW LANDSCAPE SERVICES 8,250.008158920

0.00 INC.

PASADENA
Total: 69866Check No. 8,250.00
Total for BRIGHTVIEW LANDSCAPE SERVICES 11,875.00
CA 95927

0.0011/03/2022 69828OP
11/03/2022011282
11/03/2022VOLZKE (MS)
11/03/2022MEMBERSHIP DUES FY 22-23 120651CALIFORNIA ASSOCIATION OF 275.0016714

0.00 PUBLIC INFORMATION OFFICIALS
CHICO
Total: 69828Check No. 275.00
Total for CALIFORNIA ASSOCIATION OF 275.00
CA 92707

0.0011/03/2022 69829OP
11/03/2022011222
11/03/2022SEP (CS)
11/03/2022SENIOR TRANSPORTATION 120659CALIFORNIA YELLOW CAB 1,065.819508022

0.00 SANTA ANA
Total: 69829Check No. 1,065.81
Total for CALIFORNIA YELLOW CAB 1,065.81
CA 92675

0.0011/10/2022 69867OP
11/10/202203025
11/10/20221ST QTR (CD)
11/10/2022CDBG SUBRECIPIENT 120782CAMINO HEALTH CENTER 3,155.00JUL - SEP 2022

0.00 SAN JUAN CAPISTRANO
Total: 69867Check No. 3,155.00
Total for CAMINO HEALTH CENTER 3,155.00
Item: 12
100

8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
6Page:

Taxes Withheld
CA 92805

0.0011/10/2022 69868OP
11/10/2022011545
11/10/2022STATION 18 (PS)
11/10/2022APD INVESTIGATOR OT 120792CITY OF ANAHEIM
3,548.36PD004973

0.00 DIVISION OF COLLECTION

ANAHEIM
Total: 69868Check No. 3,548.36
Total for CITY OF ANAHEIM 3,548.36
CA 91110-2443

0.0011/10/2022 69869OP
11/10/2022011712
11/10/2022STMTS & HOUSNG AUTH (F, CD)
11/10/2022INTERIM BILLING FINANCIAL 120797CLIFTONLARSONALLEN LLP 17,000.003471479

0.00 PASADENA
Total: 69869Check No. 17,000.00
Total for CLIFTONLARSONALLEN LLP 17,000.00
CA 91710

0.0011/03/2022 69830OP
11/03/2022011512
11/03/2022
11/03/2022WINDSCREEN SEP LFSP (PW) 120615COLLINS COMPANY 18,132.00617749

0.00 CHINO
Total: 69830Check No. 18,132.00
Total for COLLINS COMPANY 18,132.00
IL 60678

0.0011/10/2022 69870OP
11/10/2022011322
11/10/2022OCT (CM)
11/10/2022CAMERA MAINTENANCE 120764CONVERGINT TECHNOLOGIES LLC 2,917.33341366

0.00 CHICAGO
Total: 69870Check No. 2,917.33
Total for CONVERGINT TECHNOLOGIES LLC 2,917.33
CA 92702

0.0011/03/2022 69831OP
11/03/2022031362
11/03/2022D98-034 (PW)
11/03/2022NEWPORT BAY TMDLS FY 22-23 120643COUNTY OF ORANGE TREASURER-TAX 24,586.87PW230268

0.00 COLLECTOR

SANTA ANA
Total: 69831Check No. 24,586.87
CA 92702

0.0011/03/2022 69832OP
11/03/2022031362
11/03/2022
11/03/2022AFIS FINGERPRINT JUN (PS) 120665COUNTY OF ORANGE TREASURER-TAX 3,315.00SH 62296

0.00 COLLECTOR

SANTA ANA
Total: 69832Check No. 3,315.00
Item: 12
101

8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
7Page:

Taxes Withheld
CA 92702

0.0011/03/2022 69833OP
11/03/2022031362
11/03/2022
11/03/2022AFIS FINGERPRINT OCT (PS) 120666COUNTY OF ORANGE TREASURER-TAX 3,232.00SH 63207

0.00 COLLECTOR

SANTA ANA
Total: 69833Check No. 3,232.00
CA 92702

0.0011/10/2022 69872OP
11/10/2022031362
11/10/202222-23 MA-090-18011416 (PW)
11/10/2022NEWPORT BAY TMDLS FY 120796COUNTY OF ORANGE TREASURER-TAX 79,786.59PW230303

0.00 COLLECTOR

SANTA ANA
Total: 69872Check No. 79,786.59
CA 92702

0.0011/10/2022 69873OP
11/10/2022031362
11/10/2022JUL (PS)
11/10/2022LAW ENFORCEMENT 120789COUNTY OF ORANGE TREASURER-TAX 1,642,260.93SH 62581

0.00 COLLECTOR

SANTA ANA
Total: 69873Check No. 1,642,260.93
CA 92702

0.0011/10/2022 69874OP
11/10/2022031362
11/10/2022NOV (PS)
11/10/2022LAW ENFORCEMENT 120790COUNTY OF ORANGE TREASURER-TAX 1,642,260.93SH 63521

0.00 COLLECTOR

SANTA ANA
Total: 69874Check No. 1,642,260.93
Total for COUNTY OF ORANGE TREASURER-TAX 3,395,442.32
CA 92702

0.0011/10/2022 69871OP
11/10/20220347
11/10/2022JUL - SEP 2022
11/10/2022SANTIAGO CANYON ROAD FEES 120801COUNTY OF ORANGE 83,546.00JUL - SEP 2022

0.00 ATTN: ROAD FEE TEAM - 7TH FL

SANTA ANA
Total: 69871Check No. 83,546.00
Total for COUNTY OF ORANGE 83,546.00
CA 92704

0.0011/03/2022 69834OP
11/03/2022011525
11/03/2022COMMUNITY CTR 10/20 (CS)
11/03/2022JANITORIAL SERVICES EVENT 120647CROWN FACILITY SOLUTIONS 498.49738

0.00 SANTA ANA
CA 92704

0.0011/03/2022 69834OP
11/03/2022011525
11/03/2022COMMUNITY CENTER 10/22 (CS)
11/03/2022JANITORIAL SERVICES EVENT 120648CROWN FACILITY SOLUTIONS 859.59739

0.00 SANTA ANA
Item: 12
102

8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
8Page:

Taxes Withheld
CA 92704

0.0011/03/2022 69834OP
11/03/2022011525
11/03/2022COMMUNITY CENTER 10/23 (CD)
11/03/2022JANITORIAL SERVICES EVENT 120649CROWN FACILITY SOLUTIONS 368.49741

0.00 SANTA ANA
CA 92704

0.0011/03/2022 69834OP
11/03/2022011525
11/03/2022COMMUNITY CENTER 10/24 (CS)
11/03/2022JANITORIAL SERVICES EVENT 120653CROWN FACILITY SOLUTIONS 349.83740

0.00 SANTA ANA
Total: 69834Check No. 2,076.40
Total for CROWN FACILITY SOLUTIONS 2,076.40
CA 92610

0.0011/03/2022 69835OP
11/03/2022011410
11/03/2022SPOOKTACULAR EVENT 10/22 (CS)
11/03/2022LIGHTING & FOG MACHINE FOR 120661DJE SOUND & LIGHTING INC. 3,080.24INV-00323

0.00 FOOTHILL RANCH
Total: 69835Check No. 3,080.24
Total for DJE SOUND & LIGHTING INC. 3,080.24
CA 92705

0.0011/10/2022 69875OP
11/10/20220614
11/10/20221ST QTR (CD)
11/10/2022CDBG SUBRECIPIENT 120783FAIR HOUSING COUNCIL OF O.C. 2,050.00JUL - SEP 2022

0.00 SANTA ANA
Total: 69875Check No. 2,050.00
Total for FAIR HOUSING COUNCIL OF O.C. 2,050.00
CA 92618

0.0011/10/2022 69876OP
11/10/20220657
11/10/20221ST QTR (CD)
11/10/2022CDBG SUBRECIPIENT 120784FAMILIES FORWARD
1,495.96JUL - SEP 2022

0.00 IRVINE
Total: 69876Check No. 1,495.96
Total for FAMILIES FORWARD 1,495.96
CA 92673

0.0011/10/2022 69877OP
11/10/2022011274
11/10/2022(CD)
11/10/2022CDBG SUBRECIPIENT 1ST QTR 120690FAMILY ASSISTANCE MINISTRIES 5,090.69JUL - SEP 2022

0.00 SAN CLEMENTE
CA 92673

0.0011/10/2022 69877OP
11/10/2022011274
11/10/20221ST QTR (CD)
11/10/2022CDBG-CV SUBRECIPIENT 120780FAMILY ASSISTANCE MINISTRIES 2,545.29JUL - SEP 2022 CV

0.00 SAN CLEMENTE
Item: 12
103

8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
9Page:

Taxes Withheld
Total: 69877Check No. 7,635.98
Total for FAMILY ASSISTANCE MINISTRIES 7,635.98
CA 92705

0.0011/10/2022 69878OP
11/10/2022010825
11/10/2022PROJECT OCT (PW)
11/10/2022CATCH BASIN REPAIRS 120758G2 CONSTRUCTION INC 55,358.40221021-F

0.00 SANTA ANA
Total: 69878Check No. 55,358.40
Total for G2 CONSTRUCTION INC 55,358.40
CA 92688

0.0011/03/2022 69836OP
11/03/2022010385
11/03/2022AUG (PW)
11/03/2022GEOTECH 3RD PARTY REVIEW 120622GMU GEOTECHNICAL INC. 452.5062386

0.00 RANCHO SANTA MARGARITA
Total: 69836Check No. 452.50
Total for GMU GEOTECHNICAL INC. 452.50
CA 92780

0.0011/10/2022 69879OP
11/10/2022010282
11/10/2022AUG DEVELOPMENT/CIP (PW)
11/10/2022TRAFFIC ENGINEERING 120795HARTZOG & CRABILL INC. 14,110.3522-0606

0.00 TUSTIN
Total: 69879Check No. 14,110.35
Total for HARTZOG & CRABILL INC. 14,110.35
CA 92821

0.0011/03/2022 69837OP
11/03/20220838
11/03/2022DEC (F)
11/03/2022PROPERTY TAX ANALYSIS OCT - 120625HDL COREN & CONE 4,562.50SIN022274

0.00 BREA
Total: 69837Check No. 4,562.50
CA 92821

0.0011/10/2022 69880OP
11/10/20220838
11/10/2022& CALMUNI DOL REPORT (F)
11/10/2022ACFR 21-22 STATISTICAL PACKAGE 120799HDL COREN & CONE 1,245.00SIN021824

0.00 BREA
Total: 69880Check No. 1,245.00
Total for HDL COREN & CONE 5,807.50
Item: 12
104

8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
10Page:

Taxes Withheld
CA 92821

0.0011/03/2022 69838OP
11/03/20220804
11/03/2022SERVICES (CM)
11/03/20223RD QTR BUSINESS ATTRACTION 120656HINDERLITER DE LLAMAS & ASSOC 630.00SIN022101

0.00 BREA
Total: 69838Check No. 630.00
CA 92821

0.0011/10/2022 69881OP
11/10/20220804
11/10/2022AUDIT SVCS SALES TAX (F)
11/10/20222ND QTR CONTRACT SVCS 120752HINDERLITER DE LLAMAS & ASSOC 11,748.07SIN022661

0.00 BREA
Total: 69881Check No. 11,748.07
Total for HINDERLITER DE LLAMAS & ASSOC 12,378.07
CO 80537

0.0011/03/2022 69839OP
11/03/202209431
11/03/2022(CD)
11/03/2022BUILDING & SAFETY SERVICES SEP 120611INTERWEST CONSULTING 144,041.4182441

0.00 GROUP, INC.

LOVELAND
Total: 69839Check No. 144,041.41
Total for INTERWEST CONSULTING 144,041.41
CA 92867-4607

0.0011/10/2022 69882OP
11/10/20220923
11/10/2022WB10L0308N6F39859 (PS)
11/10/2022VEHICLE REPAIR 10/20 120754IRV SEAVER MOTORCYCLES 1,227.9420222416

0.00 ORANGE
Total: 69882Check No. 1,227.94
Total for IRV SEAVER MOTORCYCLES 1,227.94
CA 90084-2123

0.0011/10/2022 69883OP
11/10/2022011803
11/10/2022JUL (PW)
11/10/2022TRAFFIC SIGNAL SERVICES 120798ITERIS, INC.
7,209.56150362

0.00 LOS ANGELES
Total: 69883Check No. 7,209.56
Total for ITERIS, INC. 7,209.56
CA 92630

0.0011/10/2022 69884OP
11/10/20221306
11/10/2022FORM (PS)
11/10/2022HOMELESS INVENTORY 120755JAMES L. BLACKBURN
249.8729613

0.00 MINUTEMAN PRESS

LAKE FOREST
Total: 69884Check No. 249.87
Item: 12
105

8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
11Page:

Taxes Withheld
Total for JAMES L. BLACKBURN 249.87
CA 92653

0.0011/03/2022 69840OP
11/03/202210016
11/03/2022SIGNS OCT (PW)
11/03/2022REPLACE PLAYGROUND WARNING 120627JAMEY CLARK INC. 354.2073429

0.00 LAGUNA HILLS
CA 92653

0.0011/03/2022 69840OP
11/03/202210016
11/03/2022TAMARASK PARK (PW)
11/03/2022SOAP DISPENSERS OCT 120628JAMEY CLARK INC.
208.4273444

0.00 LAGUNA HILLS
CA 92653

0.0011/03/2022 69840OP
11/03/202210016
11/03/2022PITTSFORD PARK (PW)
11/03/2022FLUSH VALVE KIT OCT 120629JAMEY CLARK INC.
598.7873405

0.00 LAGUNA HILLS
CA 92653

0.0011/03/2022 69840OP
11/03/202210016
11/03/2022OCT HEROES PARK (PW)
11/03/2022REMOVE DIAPER CHANGING STATION 120630JAMEY CLARK INC. 170.0073413

0.00 LAGUNA HILLS
CA 92653

0.0011/03/2022 69840OP
11/03/202210016
11/03/2022DRYER OCT SERRANO CREEK (PW)
11/03/2022REPAIR RESTROOM DOOR, HAND 120631JAMEY CLARK INC. 127.5073414

0.00 LAGUNA HILLS
Total: 69840Check No. 1,458.90
CA 92653

0.0011/10/2022 69885OP
11/10/202210016
11/10/2022SERRANO CREEK PARK OCT (PW)
11/10/2022SEWER DRAIN CLEANOUT 120748JAMEY CLARK INC.
170.0073456

0.00 LAGUNA HILLS
Total: 69885Check No. 170.00
Total for JAMEY CLARK INC. 1,628.90
CA 92688

0.0011/03/2022 69841OP
11/03/2022011503
11/03/2022INSTRUCTOR PAYMENT (CS)
11/03/2022FALL ETIQUETTE CLASS 120667JENNIFER ANDRUS-NELSON 423.5011180

0.00 RANCHO SANTA MARGARITA
Total: 69841Check No. 423.50
Total for JENNIFER ANDRUS-NELSON 423.50
CA 92679

0.0011/03/2022 69842OP
11/03/2022011613
11/03/2022INSTRUCTOR PAYMENT (CS)
11/03/2022FALL YOUTH TRACK 120618KENNETH CHAI
931.0011174

0.00 TRABUCO CANYON
Item: 12
106

8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
12Page:

Taxes Withheld
CA 92679

0.0011/03/2022 69842OP
11/03/2022011613
11/03/2022INSTRUCTOR PAYMENT (CS)
11/03/2022FALL YOUTH TRACK 120619KENNETH CHAI
868.0011175

0.00 TRABUCO CANYON
Total: 69842Check No. 1,799.00
Total for KENNETH CHAI 1,799.00
CA 92630

0.0011/10/2022 69886OP
11/10/20221163
11/10/2022CYLINDER OCT (PW)
11/10/2022CIVIC CENTER FILE CABINET 120763KWIKEY'S LOCK AND KEY, INC. 125.00102822

0.00 LAKE FOREST
Total: 69886Check No. 125.00
Total for KWIKEY'S LOCK AND KEY, INC. 125.00
CA 92630

0.0011/10/2022 69887OP
11/10/20221242
11/10/2022JUL - OCT 2ND PAYMENT (CM)
11/10/2022CITY CHAMBER CONTRACT 120785LAKE FOREST CHAMBER OF COMMRCE 5,000.00Q210272022

0.00 LAKE FOREST
CA 92630

0.0011/10/2022 69887OP
11/10/20221242
11/10/2022MAY - JUL 1ST PAYMENT (CM)
11/10/2022CITY CHAMBER CONTRACT 120786LAKE FOREST CHAMBER OF COMMRCE 5,000.00Q107282022

0.00 LAKE FOREST
Total: 69887Check No. 10,000.00
Total for LAKE FOREST CHAMBER OF COMMRCE 10,000.00
CA 92870

0.0011/03/2022 69843OP
11/03/2022011898
11/03/2022SLURRY GRANT ASSIST SEP (PW)
11/03/2022JERONIMO/MUIRLANDS ARTERIAL 120660LOCAL AGENCY ENGINEERING 1,785.0022-710

0.00 ASSOCIATES INC

PLACENTIA
Total: 69843Check No. 1,785.00
Total for LOCAL AGENCY ENGINEERING 1,785.00
CA 92688

0.0011/10/2022 69888OP
11/10/2022039955
11/10/2022CARICATURE ARTIST (CS)
11/10/2022SPOOKTACULAR EVENT 10/22 120676MARINA AGUILERA 600.0010/03/2022

0.00 DBA CARICATURES BY MARINA.COM

RANCHO SANTA MARGARITA
Total: 69888Check No. 600.00
Total for MARINA AGUILERA 600.00
Item: 12
107

8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
13Page:

Taxes Withheld
CA 92630

0.0011/10/2022 69889OP
11/10/202202026
11/10/2022UNIFORMS (CD)
11/10/2022CODE ENFORCEMENT 120751MONOGRAM MAGIC
386.7464362

0.00 LAKE FOREST
CA 92630

0.0011/10/2022 69889OP
11/10/202202026
11/10/2022UNIFORM (CD)
11/10/2022CODE ENFORCEMENT 120757MONOGRAM MAGIC

23.6864386

0.00 LAKE FOREST
Total: 69889Check No. 410.42
Total for MONOGRAM MAGIC 410.42
CA 91733

0.0011/10/2022 69890OP
11/10/2022011511
11/10/2022PARK OCT (PW)
11/10/2022PUMP REPAIR HEROES 120762MULTI W SYSTEMS INC. 1,750.0032231291

0.00 EL MONTE
Total: 69890Check No. 1,750.00
Total for MULTI W SYSTEMS INC. 1,750.00
CA 92805

0.0011/03/2022 69844OP
11/03/2022010645
11/03/2022DESIGN SEP (PW)
11/03/2022TRABUCO ROAD RESURFACING 120637ONWARD ENGINEERING 1,768.056523

0.00 ANAHEIM
CA 92805

0.0011/03/2022 69844OP
11/03/2022010645
11/03/2022DESIGN SEP (PW)
11/03/2022LAKE FOREST DR RESURFACING 120638ONWARD ENGINEERING 40,582.506522

0.00 ANAHEIM
Total: 69844Check No. 42,350.55
Total for ONWARD ENGINEERING 42,350.55
MA 02298-1022

0.0011/10/2022 69891OP
11/10/20221611
11/10/20228/28-11/27 (CC)
11/10/2022POSTAGE METER LEASE 120684PITNEY BOWES
899.213105771772

0.00 BOSTON
Total: 69891Check No. 899.21
Total for PITNEY BOWES 899.21
TX 75373-6352

0.0011/03/2022 69845OP
11/03/2022011395
11/03/2022PRIMEGOV 2022-2023 (CM)
11/03/2022AGENDA MANAGEMENT SYSTEM 120650PRIME GOVERNMENT SOLUTIONS LLC 20,160.00PG-000297SI

0.00 DALLAS
Item: 12
108

8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
14Page:

Taxes Withheld
Total: 69845Check No. 20,160.00
Total for PRIME GOVERNMENT SOLUTIONS LLC 20,160.00
CA 92799-5091

0.0011/10/2022 69892OP
11/10/202218240
11/10/2022DEC PTM-108-702MD-1 (CD)
11/10/202222702 MADRID HOA PAYMENT 120686RANCHO VIEJO II HOA 380.0022702 11/02/2022

0.00 SANTA ANA
Total: 69892Check No. 380.00
CA 92799-5091

0.0011/10/2022 69893OP
11/10/202218240
11/10/2022DEC PTM-108-706MD-1 (CD)
11/10/202222706 MADRID HOA PAYMENT 120685RANCHO VIEJO II HOA 380.0022706 11/02/2022

0.00 SANTA ANA
Total: 69893Check No. 380.00
Total for RANCHO VIEJO II HOA 760.00
CA 92705

0.0011/03/2022 69846OP
11/03/2022011897
11/03/2022INSTRUCTOR PAYMENT (CS)
11/03/2022FALL EDUCATION DEVELOPMENT 120662READWRITE EDUCATIONAL 828.1011234

0.00 SOLUTIONS INC

SANTA ANA
CA 92705

0.0011/03/2022 69846OP
11/03/2022011897
11/03/2022INSTRUCTOR PAYMENT (CS)
11/03/2022FALL EDUCATION DEVELOPMENT 120663READWRITE EDUCATIONAL 1,183.0011231

0.00 SOLUTIONS INC

SANTA ANA
CA 92705

0.0011/03/2022 69846OP
11/03/2022011897
11/03/2022INSTRUCTOR PAYMENT (CS)
11/03/2022FALL EDUCATION DEVELOPMENT 120664READWRITE EDUCATIONAL 946.4011228

0.00 SOLUTIONS INC

SANTA ANA
Total: 69846Check No. 2,957.50
Total for READWRITE EDUCATIONAL 2,957.50
KY 40285-6158

0.0011/10/2022 69894OP
11/10/20220169
11/10/2022CITY HALL (F)
11/10/2022OPERATING SUPPLIES OCT 120753READY REFRESH BY NESTLE 1,600.8612J0031546419

0.00 LOUISVILLE
Total: 69894Check No. 1,600.86
Total for READY REFRESH BY NESTLE 1,600.86
Item: 12
109

8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
15Page:

Taxes Withheld
CA 92675

0.0011/03/2022 69847OP
11/03/20221833
11/03/2022PLAN CONST SUPPORT SEP (PW)
11/03/2022NEIGHBORHOOD PARK IMPROVEMENT 120623RJM DESIGN GROUP INC. 577.5035273

0.00 SAN JUAN CAPISTRANO
Total: 69847Check No. 577.50
Total for RJM DESIGN GROUP INC. 577.50
CA 92618

0.0011/10/2022 69895OP
11/10/20221957
11/10/20221ST QTR SUPERFUND (CD)
11/10/2022CDBG SUBRECIPIENT 120765SOUTH COUNTY OUTREACH 14,841.34JUL - SEP 22

0.00 IRVINE
CA 92618

0.0011/10/2022 69895OP
11/10/20221957
11/10/2022
11/10/2022CDBG SUBRECIPIENT 1ST QTR (CD) 120781SOUTH COUNTY OUTREACH 4,161.25JUL - SEP 2022

0.00 IRVINE
Total: 69895Check No. 19,002.59
Total for SOUTH COUNTY OUTREACH 19,002.59
CA 92630

0.0011/03/2022 69848OP
11/03/2022011369
11/03/2022OCT LFSP (PW)
11/03/2022DRINKING FOUNTAIN VALVE REPAIR 120612SOUTH COUNTY PLUMBING INC. 3,250.0023430

0.00 LAKE FOREST
Total: 69848Check No. 3,250.00
Total for SOUTH COUNTY PLUMBING INC. 3,250.00
CA 91772-0002

0.0011/03/2022 69849OP
11/03/20220508
11/03/2022(PW)
11/03/2022TRAFFIC SIGNAL UTILITIES SEP 120610SOUTHERN CALIFORNIA EDISON 7,079.735025 10/15/2022

0.00 ROSEMEAD
Total: 69849Check No. 7,079.73
Total for SOUTHERN CALIFORNIA EDISON 7,079.73
IL 60693

0.0011/10/2022 69896OP
11/10/20222616
11/10/2022SEP LFTM (PW)
11/10/2022TRAFFIC MODELING 120791STANTEC CONSULTING SRVCS INC. 1,490.001988704

0.00 CHICAGO
Total: 69896Check No. 1,490.00
Total for STANTEC CONSULTING SRVCS INC. 1,490.00
Item: 12
110

8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
16Page:

Taxes Withheld
CA 92630

0.0011/03/2022 69850OP
11/03/2022191671
11/03/2022
11/03/2022BUSINESS CARDS OCT (CD) 120655STUDIO TWO * BLACK DIAMOND

70.0499335

0.00 PRINTING & GRAPHICS

LAKE FOREST
Total: 69850Check No. 70.04
Total for STUDIO TWO * BLACK DIAMOND 70.04
CA 92604

0.0011/03/2022 69851OP
11/03/20221967
11/03/2022GRILL - ARBOR GARDENS (CD)
11/03/2022SDP PUBLIC NOTICING - BRU 120644SUSAN W. CASE, INC. 350.00329199

0.00 IRVINE
Total: 69851Check No. 350.00
Total for SUSAN W. CASE, INC. 350.00
CA 94966

0.0011/03/2022 69852OP
11/03/2022011764
11/03/2022SEP (CD)
11/03/2022MIXED USE ZONING CODE UPDATES 120646SWA GROUP INC 3,178.50192332

0.00 SAUSALITO
Total: 69852Check No. 3,178.50
Total for SWA GROUP INC 3,178.50
CA 92705

0.0011/03/2022 69853OP
11/03/2022010986
11/03/2022(PW)
11/03/2022ARTERIAL MEDIAN DESIGN SEP 120632TAIT & ASSOCIATES INC. 8,743.75152740

0.00 ATTN: ACCOUNTS RECEIVABLE

SANTA ANA
CA 92705

0.0011/03/2022 69853OP
11/03/2022010986
11/03/2022SEP (PW)
11/03/2022EL TORO ROAD RESURFACING 120633TAIT & ASSOCIATES INC. 2,497.50152728

0.00 ATTN: ACCOUNTS RECEIVABLE

SANTA ANA
CA 92705

0.0011/03/2022 69853OP
11/03/2022010986
11/03/2022SEP (PW)
11/03/2022EL TORO ROAD RAISED MEDIANS 120634TAIT & ASSOCIATES INC. 10,389.78152727

0.00 ATTN: ACCOUNTS RECEIVABLE

SANTA ANA
CA 92705

0.0011/03/2022 69853OP
11/03/2022010986
11/03/2022SEP (PW)
11/03/2022JERONIMO/EL TORO WIDENING 120635TAIT & ASSOCIATES INC. 2,810.00152726

0.00 ATTN: ACCOUNTS RECEIVABLE

SANTA ANA
CA 92705

0.0011/03/2022 69853OP
11/03/2022010986
11/03/2022SEP (PW)
11/03/2022BAKE PARKWAY RESURFACING 120636TAIT & ASSOCIATES INC. 527.50152413

0.00 ATTN: ACCOUNTS RECEIVABLE

SANTA ANA
Item: 12
111

8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
17Page:

Taxes Withheld
Total: 69853Check No. 24,968.53
Total for TAIT & ASSOCIATES INC. 24,968.53
CA 92679-3715

0.0011/03/2022 69854OP
11/03/2022011759
11/03/2022PORTOLA METER SEP (PW)
11/03/2022MPS UTILITY EL TORO RD / 120641TRABUCO CANYON WATER DISTRICT 128.9010/14/2022

0.00 TRABUCO CANYON
Total: 69854Check No. 128.90
Total for TRABUCO CANYON WATER DISTRICT 128.90
TX 75320-3556

0.0011/10/2022 69897OP
11/10/20220626
11/10/2022
11/10/2022ORIGINAL AP SET UP (F) 120678TYLER TECHNOLOGIES INC. 682.50025-377013

0.00 DALLAS
TX 75320-3556

0.0011/10/2022 69897OP
11/10/20220626
11/10/2022(F)
11/10/2022ORIGINAL CONFIGURATION 3/24 120680TYLER TECHNOLOGIES INC. 162.50025-372723

0.00 DALLAS
TX 75320-3556

0.0011/10/2022 69897OP
11/10/20220626
11/10/2022
11/10/2022ORIGINAL COA SET UP 4/24 (F) 120681TYLER TECHNOLOGIES INC. 780.00025-378988

0.00 DALLAS
TX 75320-3556

0.0011/10/2022 69897OP
11/10/20220626
11/10/2022
11/10/2022ORIGINAL COA SET UP 3/28 (F) 120682TYLER TECHNOLOGIES INC. 162.50025-375323

0.00 DALLAS
TX 75320-3556

0.0011/10/2022 69897OP
11/10/20220626
11/10/20224/18-4/20 (F)
11/10/2022ORIGINAL CONFIGURATION 120683TYLER TECHNOLOGIES INC. 552.50025-377491

0.00 DALLAS
Total: 69897Check No. 2,340.00
Total for TYLER TECHNOLOGIES INC. 2,340.00
CA 92877-0102

0.0011/10/2022 69898OP
11/10/2022011138
11/10/2022NOTIFICATIONS OCT (PW)
11/10/2022UNDERGROUND SERVICES ALERT 120761UNDERGROUND SERVICE ALERT OF 235.751020220377

0.00 SOUTHERN CALIFORNIA
CORONA
Total: 69898Check No. 235.75
Total for UNDERGROUND SERVICE ALERT OF 235.75
Item: 12
112

8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
18Page:

Taxes Withheld
TX 75266-0108

0.0011/10/2022 69899OP
11/10/2022010673
11/10/2022SERVICE OCT (CM)
11/10/2022CELLULAR PHONES AND DATA 120740VERIZON WIRELESS 1,822.309918064561

0.00 DALLAS
Total: 69899Check No. 1,822.30
Total for VERIZON WIRELESS 1,822.30
AZ 85016

0.0011/10/2022 69900OP
11/10/2022011871
11/10/202210/23 (A KOTSCHEDOFF) (CD)
11/10/2022TEMP SERVICES WEEK ENDING 120742VINCENTBENJAMIN GROUP LLC 1,360.0095702176197

0.00 PHOENIX
AZ 85016

0.0011/10/2022 69900OP
11/10/2022011871
11/10/202210/23 (C SHULDA) (CD)
11/10/2022TEMP SERVICES WEEK ENDING 120743VINCENTBENJAMIN GROUP LLC 1,326.0095702176202

0.00 PHOENIX
AZ 85016

0.0011/10/2022 69900OP
11/10/2022011871
11/10/202210/30 (A KOTSCHEDOFF) (CD)
11/10/2022TEMP SERVICES WEEK ENDING 120744VINCENTBENJAMIN GROUP LLC 816.0095702176476

0.00 PHOENIX
Total: 69900Check No. 3,502.00
Total for VINCENTBENJAMIN GROUP LLC 3,502.00
CA 92691

0.0011/10/2022 69901OP
11/10/20222214
11/10/20221ST QTR (CD)
11/10/2022CDBG SUBRECIPIENT 120767VOCATIONAL VISIONS INC. 1,250.00JUL - SEP 2022

0.00 MISSION VIEJO
Total: 69901Check No. 1,250.00
Total for VOCATIONAL VISIONS INC. 1,250.00
TX 75312-3151

0.0011/10/2022 69902OP
11/10/2022011588
11/10/2022SPORTS PARK (CM)
11/10/2022VOIP SYSTEM NOV 120777VONAGE BUSINESS
575.432208416

0.00 DALLAS
TX 75312-3151

0.0011/10/2022 69902OP
11/10/2022011588
11/10/2022SKATE PARK (CM)
11/10/2022VOIP SYSTEM NOV 120778VONAGE BUSINESS
172.472208417

0.00 DALLAS
TX 75312-3151

0.0011/10/2022 69902OP
11/10/2022011588
11/10/2022CIVIC CENTER (CM)
11/10/2022VOIP SYSTEM NOV 120779VONAGE BUSINESS
8,961.192208418

0.00 DALLAS
Item: 12
113

8:30 am
11/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
19Page:

Taxes Withheld
Total: 69902Check No. 9,709.09
Total for VONAGE BUSINESS 9,709.09
MO 63195-2818

0.0011/03/2022 69855OP
11/03/20222212
11/03/2022CD, CM, CS)
11/03/2022CITY VEHICLE FUEL SEP (PS, PW, 120626VOYAGER FLEET SYSTEMS INC. 2,935.518690611272244

0.00 SAINT LOUIS
Total: 69855Check No. 2,935.51
Total for VOYAGER FLEET SYSTEMS INC. 2,935.51
GA 30353-2306

0.0011/03/2022 69856OP
11/03/2022011495
11/03/2022SECTION IMPROVEMENT SEP (PW)
11/03/2022CACI EL TORO/PORTOLA INTER- 120668WALLACE & ASSOCIATES 984.00W800754

0.00 CONSULTING INC.

ATLANTA
Total: 69856Check No. 984.00
Total for WALLACE & ASSOCIATES 984.00
CA 92806

0.0011/03/2022 69857OP
11/03/202223721
11/03/2022(PW)
11/03/2022TREE MAINTENANCE SEP 16-30 120609WEST COAST ARBORISTS, INC. 42,140.00191310

0.00 ANAHEIM
Total: 69857Check No. 42,140.00
CA 92806

0.0011/10/2022 69903OP
11/10/202223721
11/10/2022OCT 1-15 (PW)
11/10/2022TREE MAINTENANCE 120741WEST COAST ARBORISTS, INC. 38,868.00191861

0.00 ANAHEIM
Total: 69903Check No. 38,868.00
Total for WEST COAST ARBORISTS, INC. 81,008.00

0.00 0.00
4,431,649.96
4,431,649.96
4,431,649.96
Net Total:

Less Hand Check Total:

Grand Total:

Total Invoices: 122 Less Credit Memos:

Outstanding Invoice Total:

Item: 12
114

CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022
DEPARTMENT: Finance
SUBJECT:

APPROVAL OF MEASURE M2 EXPENDITURE REPORT
RECOMMENDED ACTION(S):

Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, CONCERNING THE MEASURE M2

EXPENDITURE REPORT FOR THE CITY OF LAKE FOREST
EXECUTIVE SUMMARY:

With the renewal of Measure M (“M2”), local jurisdictions, including the City, are required to submit an annual account of M2 revenue and expenditures to the Orange County Transportation Authority (“OCTA”) by December 31st of each year. In Fiscal Year 2021-22, the City expended approximately $393,770 of Measure M2 funds for street repaving and slurry seal projects on various streets throughout the community. In addition, the City expended $54,926 on the Senior Mobility Program and $53,238 on the Water Quality Program. Prior to submitting the accounting to OCTA, the City Council must adopt, by resolution, the attached M2 expenditure report in the approved OCTA format. Adoption of the proposed resolution and submittal of the expenditure report to the OCTA ensures the City remains eligible for future M2 funding.

BACKGROUND:

In 1990, Orange County voters approved Measure M (1991-2011), a 20-year program for local transportation improvements funded by a half-cent sales tax and entrusted the OCTA to administer the funds. Measure M was designated to fund transportation improvement projects in three major areas – freeways, streets and roads, and transit. The initial Measure M plan ended March 31, 2011.

On November 7, 2006, Orange County voters renewed the additional sales tax measure extending the funding for transportation purposes until 2041.

Item: 13
115

1 7
3 1
DISCUSSION:

Measure M2 continues funding for transportation purposes until 2041. With the passage of M2, local agencies must continue to demonstrate eligibility. The M2 eligibility process began in the first quarter of Fiscal Year 2010-11 and will continue on an annual basis through 2041. One of the funding requirements emphasizes financial accountability and requires each local agency to submit an expenditure report to the OCTA each year. Specifically, Ordinance No. 3 of the Local Transportation Authority requires the following:
“Local jurisdictions must adopt and provide an annual expenditure report to OCTA to account for M2 funds, developer/traffic impact fees, and funds expended by the jurisdiction to satisfy maintenance of effort requirements.”
Pursuant to the above requirement, staff prepared the report and proposed resolution, which are required within six months of each jurisdiction’s fiscal year end. The report includes all M2 net revenue, fund balances and interest earned, and identifies expenditures by activity type and fund source. In Fiscal Year 2021- 22, the City expended approximately $393,770 of Measure M2 funds for street repaving and slurry seal projects on various streets throughout the community.

In addition, the City expended $54,926 on the Senior Mobility Program and $53,238 on the Water Quality Program.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action. However, if this report is not filed, OCTA could potentially suspend or delay M2 funding for the City.

ATTACHMENTS:

1. M2 Expenditure Report Resolution Fiscal Year 2021-22

2. M2 Expenditure Report Fiscal Year 2021-22
Initiated By: Caleb Brown, Accounting Supervisor
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
Item: 13
116

ATTACHMENT 1
Item: 13
117

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LAKE FOREST, CALIFORNIA,
CONCERNING THE MEASURE M2 EXPENDITURE

REPORT FOR THE CITY OF LAKE FOREST

WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility veri fication packages to Orange County Transportation Authority (OCTA) in orde r to remain eligib le to receive M2 funds.

WHEREAS, local jurisdictions are required to ad opt an annual Expenditure Report as part of one of the eligibility requirements.

WHEREAS, local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction in the Expenditure Report that satisfy the Maintenance of Effort requirements; and WHEREAS, the Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and
WHEREAS, the Expenditure Report must be adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction’s fiscal year to be eligible to receive Net Revenues as part of M2.

NOW, THEREFORE, THE CITY CO UNCIL OF THE CITY OF LAKE

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

Section 1. The City of Lake Fore st does hereby inform OCTA that:

a. The M2 Expenditure Report is in conformance with the template provided in the Measur e M2 Eligibility Guideli nes and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year.
b. The M2 Expenditure Report is he reby adopted by t he City of Lake Forest.

Item: 13
118

c. The City of Lake Forest Director of Finance is hereby authorized to sign and submit the M2 Expenditure Report to OCTA for the fiscal year ending June 30, 2022.

PASSED, APPROVED AND ADOPTED this 6th day of December 2022, by the following vote, to wit:

ROBERT PEQUENO
MAYOR
ATTEST:

LISA BERGLUND

CITY CLERK

APPROVED AS TO FORM:

_ _ _ _ _
MATTHEW E. RICHARDSON

CITY ATTORNEY

Item: 13
119

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )

I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2022- was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 6th day of December 2022, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

LISA BERGLUND

CITY CLERK

Item: 13
120

ATTACHMENT 2
Item: 13
121

City of Lake Forest
M2 Expenditure Report
Fiscal Year Ended June 30, 2022
Beginning and Ending Balances
Schedule 1
Line
No. Amount Interest
A‐M Freeway Projects 1 ‐$                                ‐ $ O Regional Capacity Program (RCP) 2 ‐$                                ‐ $ P Regional Traffic Signal Synchronization Program (RTSSP) 3 ‐$                                ‐ $ Q Local Fair Share1 4 594,674.00$                  ‐ $
R High Frequency Metrolink Service 5 ‐$                                ‐ $ S Transit Extensions to Metrolink 6 ‐$                                ‐ $ T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High‐Speed Rail Systems 7 ‐$                                ‐ $ U Senior Mobility Program or Senior Non‐Emergency Medical Program1 8 130,664.00$                  ‐ $
V Community Based Transit/Circulators 9 ‐$                                ‐ $ W Safe Transit Stops 10 ‐$                                ‐ $ X Environmental Cleanup Program (Water Quality) 11 ‐$                                ‐ $ Other* 12 ‐$                                ‐ $
13 725,338.00$                  ‐ $
Monies Made Available During Fiscal Year 14 1,934,557.00 $              5,211$ 15 2,659,895.00$              5,211$
Expenditures During Fiscal Year 16 496,723.00 $                  5,211$ A‐M Freeway Projects 17 ‐$                                ‐ $ O Regional Capacity Program (RCP) 18 ‐$                                ‐ $ P Regional Traffic Signal Synchronization Program (RTSSP) 19 ‐$                                ‐ $ Q Local Fair Share 20 1,993,616.00 $              ‐ $
R High Frequency Metrolink Service 21 ‐$                                ‐ $ S Transit Extensions to Metrolink 22 ‐$                                ‐ $ T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High‐Speed Rail Systems 23 ‐$                                ‐ $ U Senior Mobility Program or Senior Non‐Emergency Medical Program 24 169,556.00$                  ‐ $
V Community Based Transit/Circulators 25 ‐$                                ‐ $ W Safe Transit Stops 26 ‐$                                ‐ $ X Environmental Cleanup Program (Water Quality) 27 ‐$                                ‐ $ Other* 28 ‐$                                ‐ $
* Please provide a specific description
1Note: During FY22, the City made a change in accounting policy, shortening its availability period for revenue accruals to 60 days from 90 days.  As a result, beginning fund balance for FY22 was adjusted in the City's financial statements as if the May/June 2022 LFS and SMP funds were recorded in FY22 and not accrued in FY21.  To maintain consistency between Measure M reporting and the City's financial statements, beginning balances for FY22 were adjsuted on this report to match the City's adjusted figures.

Balances at End of Fiscal Year
Balances at Beginning of Fiscal Year
Balances at Beginning of Fiscal Year
Description
Total Monies Available (Sum Lines 13 & 14)
Item: 13
122

City of Lake Forest M2 Expenditure Report
Fiscal Year Ended June 30, 2022
Sources and Uses
Schedule 2
Line
No. Amount   Interest
A‐M Freeway Projects 1 ‐$                           ‐ $ O Regional Capacity Program (RCP) 2 ‐$                           ‐ $ P Regional Traffic Signal Synchronization Program (RTSSP) 3 ‐$                           ‐ $ Q Local Fair Share 4 1,788,099 $           4,613$
R High Frequency Metrolink Service 5 ‐$                           ‐ $ S Transit Extensions to Metrolink 6 ‐$                           ‐ $ T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High‐Speed Rail Systems 7 ‐$                           ‐ $ U Senior Mobility Program or Senior Non‐Emergency Medical Program 8 90,243 $                 598$ V Community Based Transit/Circulators 9 ‐$                           ‐ $ W Safe Transit Stops 10 ‐$                           ‐ $ X Environmental Cleanup Program (Water Quality) 11 53,238 $                 ‐ $ Other* 12 2,977 $                   ‐ $
13 1,934,557$           5,211$
A‐M Freeway Projects 14 ‐$                           ‐ $ O Regional Capacity Program (RCP) 15 ‐$                           ‐ $ P Regional Traffic Signal Synchronization Program (RTSSP) 16 ‐$                           ‐ $ Q Local Fair Share 17 389,157 $              4,613$
R High Frequency Metrolink Service 18 ‐$                           ‐ $ S Transit Extensions to Metrolink 19 ‐$                           ‐ $ T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High‐Speed Rail Systems 20 ‐$                           ‐ $ U Senior Mobility Program or Senior Non‐Emergency Medical Program 21 51,351 $                 598$ V Community Based Transit/Circulators 22 ‐$                           ‐ $ W Safe Transit Stops 23 ‐$                           ‐ $ X Environmental Cleanup Program (Water Quality) 24 53,238 $                 ‐ $ Other* 25 2,977 $                   ‐ $
26 496,723$              5,211$
27 1,437,834$           ‐ $
* Please provide a specific description
Note: Fare revenues collected and expended under the Senior Mobility Program totaled $2,977 during the fiscal year and are reported under the Other Revenue and Other Expenditure Categories.

TOTAL BALANCE (Subtract line 26 from 13)
TOTAL EXPENDITURES (Sum lines 14 to 25)
Description
Revenues:

TOTAL REVENUES (Sum lines 1 to 12)
Expenditures:

Item: 13
123

City of Lake Forest
M2 Expenditure Report
Fiscal Year Ended June 30, 2022
Streets and Roads Detailed Use of Funds
Schedule 3
Line
No. MOE Developer /
Impact Fees+ O O
Interest P P
Interest Q Q
Interest X X
Interest
Other
M22
Other
M2
Interest
Other* TOTAL
1 ‐$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ New Street Construction 2 ‐$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ Street Reconstruction 3 ‐$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ Signals, Safety Devices, & Street Lights 4 ‐$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ Pedestrian Ways & Bikepaths 5 ‐$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ Storm Drains 6 ‐$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ Storm Damage 7 ‐$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 8 ‐$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ Right of Way Acquisition 9 ‐$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 10 ‐$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ Patching 11 ‐$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ Overlay & Sealing 12 ‐$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 389,157.00$ 4,613.00$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 393,770$ Street Lights & Traffic Signals 13 ‐$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ Storm Damage 14 ‐$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ Other Street Purpose Maintenance 15 822,360.00 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 822,360$ 16 822,360.00$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 389,157.00$ 4,613.00$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 1,216,130$ 17 ‐$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 51,351.00$ 598.00$ 2,977.00$ 54,926$ 18 822,360$ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 389,157$ 4,613$ ‐ $ ‐ $ 51,351$ 598$ 2,977$ 1,271,056$ 19 1 Includes direct charges for staff time Legend
2 Other M2 includes A‐M, R,S,T,U,V, and W Project
+ Transportation related only A‐M
*P l e a s e provide a specific description O
P
Q
R
S
T
U
V
W
X
Finance Director Confirmation
Any California State Constitution Article XIX streets and road eligible expenditure may be “counted” in local jurisdictions’ calculation of MOE if the activity is supported (funded) by a local jurisdictions’ discretionary funds (e.g. general fund). The California State Controller also provides useful information on Article XIX and the Streets and Highways Code eligible expenditures in its “Guidelines Relating to Gas Tax Expenditures for Cities and Counties”. I have reviewed and am aware of these guidelines and their applicability in calculating and reporting on Maintenance of Effort expenditures.

Finance Director initial: _______________
Description
Transit Extensions to Metrolink
Safe Transit Stops
High Frequency Metrolink Service
Environmental Cleanup Program (Water Quality)
Senior Mobility Program or Senior Non‐Emergency Medical Program Community Based Transit/Circulators
Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High‐Speed Rail Systems
Freeway Projects
Regional Capacity Program (RCP)
Local Fair Share
Regional Traffic Signal Synchronization Program (RTSSP) Other
Total Maintenance1
GRAND TOTALS (Sum Lines 1, 10, 16, 17)
Type of Expenditure
Indirect and/or Overhead
Construction & Right‐of‐Way
Total Construction1
Total Construction & Right‐of‐Way
Maintenance
Item: 13
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City of Lake Forest
M2 Expenditure Report
Fiscal Year Ended June 30, 2022
Local Fair Share Project List
Schedule 4
PROJECT NAME AMOUNT EXPENDED
950.100 Repaving and Slurry Seal 393,770.00 $
393,770.00$
Item: 13
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City of Lake Forest
M2 Expenditure Report
Fiscal Year Ended June 30, 2022
Signature Page
Kevin Shirah
Date
________________________________________________
13 An Actual General Fund Revenue excerpt from a jurisdiction's Annual Comprehensive Finance Report (ACFR) must be provided as backup documentation.

I hereby certify that:
☐ All the information attached herein and included in schedules 1 through 4 is true and accurate to the best of my knowledge;
☐ The interest earned on Net Revenues allocated pursuant to the Ordinance shall be expended only for those purposes for which the Net Revenues were allocated;
☐ The City of Lake Forest is aware of the State Controller’s “Guidelines Relating to Gas Tax Expenditures for Cities and Counties”, which is a guide for determining MOE Expenditures for M2 Eligibility purposes; ☐ The City of Lake Forest Expenditure Report is in compliance with direction provided in the State Controller’s “Guidelines Relating to Gas Tax Expenditures for Cities and Counties;” and ☐ The City of Lake Forest has expended in this fiscal year an amount of local discretionary funds for streets and roads purposes at least equal to one of the maintenance of effort requirements below10:

Director of Finance (Print Name)
Signature
A) The City met the existing FY 2021‐22 MOE benchmark dollar amount.

B) The City met a proportional MOE benchmark amount of FY 2021‐22 General Funds Revenues that is at least equal to the percent listed in column C of Exhibit 2 in the M2 Eligibility Guidelines.13 Item: 13
126

CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022
DEPARTMENT: City Clerk
SUBJECT:

CONSIDERATION OF THE 2023 CITY MEETING CALENDAR
RECOMMENDED ACTION(S):

Adopt the 2023 City Meeting Calendar.

EXECUTIVE SUMMARY:

The City Council’s practice is to adopt a City meeting calendar annually. The calendar provides the public advance notice of the upcoming schedule of meetings. The calendar also assists staff with preparation of agendas for City Council, Commission, and Audit Committee meetings. The calendar also assists staff in meeting the requirements of the Brown Act, while providing appropriate time for the City Council and public to review the agenda materials. The proposed calendar includes the dates designated by Resolution as City holidays and meetings of the City Council, Planning Commission, Community Services Commission, Traffic and Parking Commission, and the Audit Committee.

In 2023, the first City Council meeting in July falls on the July 4th holiday. Staff recommends the City Council meet on July 5, 2023, if necessary, as determined by the City Council and/or City Manager. Should this Council Meeting be deemed necessary, another location will be identified for the July 5, 2023, Community Services Commission meeting. Staff also recommends the City Council confirm the cancellation of the first City Council meeting in August as it conflicts with the National Night Out event. In the event City Council action is required on emergent item(s), the City Manager may call a Special Meeting of the City Council or reschedule a meeting as needed.

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

Item: 14
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2 2
9 5
ATTACHMENTS:

Proposed 2023 Meeting Calendar
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 14
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2023 PROPOSED CITY CALENDAR

CITY OF LAKE FOREST

DECEMBER / JANUARY FEBRUARY MARCH

SU M TU W TH F SA SU M TU W TH F SA SU M TU W TH F SA
25 26
H
27 28 29 30
$
31 1 2 3 4 1 2 3 4
1 2
H
3 CC
4 CS
5 PC
6 7 5 6
TPC
7 CC
8 CS
9 PC
10 $
11 5 6
TPC
7 CC
8 CS
9 PC
10 $
11 8 9
TPC
10 11 12 13
$
14 12 13 14 15 16 17 18 12 13 14 15 16 17 18
15 16
H
17 CC
18 19 20 21 19 20
H
21 CC
22 23 24
$
25 19 20 21
CC
22 23 24
$
25 22 23
29 30
24 31
25 26 27
$
28 26 27 28
JW
26 27 28
SP
29 30 31

APRIL MAY JUNE

SU M TU W TH F SA SU M TU W TH F SA SU M TU W TH F SA
1 1
TPC
2 CC
3 CS
4 PC
5 $
6 1 2
$
3 2 3
TPC
4 CC
5 CS
6 PC
7 $
8 7 8 9 10 11 12 13 4 5
TPC
6 CC
7 CS
8 PC
9 10
9 10 11 12 13 14 15 14 15 16
CC
17 18 19
$
20 11 12 13 14 15 16
$
17 16 17 18
CC
19 20 21
$
22 21 22 23
BW
24 25 26 27 18 19 20
CC
21 22 23 24
23 24 25
A
26 27 28 29 28 29
H
30 31 25 26 27 28 29 30
$

JULY AUGUST SEPTEMBER

SU M TU W TH F SA SU M TU W TH F SA SU M TU W TH F SA
1 31
TPC
1 2
CS
3 PC
4 5 1 2
5 *CC
2 3
TPC
4 H
CS
6 PC
7 8 6 7 8 9 10 11
$
12 3 4
H
5 CC
6 CS
7 PC
8 $
9 9 10 11 12 13 14
$
15 13 14 15
CC
16 17 18 19 10 11
TPC
12 13 14 15 16
16 17 18
CC
19 20 21 22 20 21 22 23 24 25
$
26 17 18 19
CC
20 21 22
$
23 23
30 24
31 25
A
26 27 28
$
29 27 28 29 30 31 24 25 26 27 28 29 30

OCTOBER NOVEMBER DECEMBER

SU M TU W TH F SA SU M TU W TH F SA SU M TU W TH F SA
1 2
TPC
3 CC
4 CS
5 PC
6 $
7 1 2 3
$
4 1
$
2 8 9 10 11 12 13 14 5 6
TPC
7 CC
8 CS
9 PC
10 H
11 3 4
TPC
5 CC
6 CS
7 PC
8 9
15 16 17
CC
18 19 20
$
21 12 13 14 15 16 17
$
18 10 11 12 13 14 15
$
16 22 23 24
A
25 26 27 28 19 20 21
CC
22 23
H
24 H
25 17 18 19
CC
20 21 22 23
29 30 31 26 27 28 29 30 24
31 25
H
26 27 28 29
$
30 CS = COMMUNITY SERVICES COMMISSION MTG CC = CITY COUNCIL MTG A = CITY COUNCIL AUDIT COMMITTEE TPC= TRAFFIC & PARKING COMMISSION MTG PC = PLANNING COMMISSION MTG H = CITY HOLIDAY JW = JOINT WORKSHOP SP = STRATEGIC PLANNING BW = BUDGET WORKSHOP ** July 5, 2023, City Council meeting to be held if necessary. Subject to cancellation.

DISCLAIMER: SPECIAL MEETINGS MAY BE SCHEDULED OR STANDING MEETINGS MAY BE CANCELED. REFER TO CITY WEBSITE FOR OFFICIAL NOTICES.

Item: 14
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022
DEPARTMENT: Public Works
SUBJECT:

AWARD OF CONTRACT FOR STREET MAINTENANCE AND ENGINEERING

SUPPORT SERVICES
RECOMMENDED ACTION(S):

1. Award an Agreement for Maintenance Services in the amount of $4,850,529.46 to Charles Abbott & Associates, Inc., of Mission Viejo, California, for Street Maintenance and Engineering Support Services.

2. Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to Charles Abbott & Associates, Inc., of Mission Viejo, California, substantially in the form attached.

EXECUTIVE SUMMARY:

The current contract with Charles Abbott & Associates, Inc. (“CAA”) provides for the maintenance and emergency public works-related services for the City’s public infrastructure. Staff issued a Request for Proposals (“RFP”) in June 2022 for Street Maintenance and Engineering Support Services. After evaluation of proposals, staff recommends the City Council award the proposed Agreement for Maintenance and Engineering Support Services (“Agreement”) to CAA for a term of three years with two optional one-year extensions (Attachment 1) at the discretion of the City Council. The proposed Agreement includes a $4,850,529.46 compensation amount. If approved, the proposed Agreement with CAA would begin December 31, 2022. The 2021-2023 Operating Budget includes sufficient funds to cover the costs of the recommended action.

BACKGROUND:

Prior to 2016, the City contracted with the County of Orange to provide street maintenance services. These street maintenance services included repairs and general upkeep of public streets, sidewalks, and other infrastructure assets to ensure the safe travel of residents and visitors. The street maintenance service includes the provision of dedicated labor crews Monday through Friday as well as standby labor and materials for responding to emergency conditions. On October Item: 15
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2 1
2 4
1, 2016, CAA was awarded their current contract after the RFP process deemed them most qualified. After the initial five-year term, CAA was issued a one-year term extension. The initial proposed pricing has not been adjusted since the origination of the contract in 2016. The City Council awarded a term extension on September 21, 2022, to give staff more time to conduct a thorough procurement process in anticipation of the term expiration for the current CAA contract on December 30, 2022.

The scope of work for this Agreement includes a Road Maintenance Supervisor and Field Crew to provide services on a task order basis. Up to 77 tasks are included in the scope of work. Tasks include tree pruning, asphalt concrete removal and replacement, road closures, sign installations, pavement repair, sidewalk removal and replacement, storm drain inspection, and pavement striping. Emergency Services include storm patrol response, traffic control for the Orange County Sheriff’s Department, road closures, and emergency repairs.

Depending upon the task, the Field Crew may be a two-person, three-person, or four-person labor crew. Services fall under the following categories:
▪Street Maintenance Services ▪Quality Assurance
▪Emergency Services ▪Storage Facility / Yard
▪Records / Reporting ▪Safety
▪Labor, Equipment and Materials
Work within the public right of way has become highly regulated and work not completed to appropriate standards can invite litigation. As a result, trained labor personnel that are aware of applicable codes and standards are critical for completing repair work sufficiently. All work must be performed in accordance with the latest edition of the Standard Specifications for Public Works Construction (“Greenbook”), the Standard Plans for Public Works Construction, the State of California Department of Transportation (“CalTrans”) Standard Specifications and Standard Plans, or other standards and specifications as determined by the City Engineer. All work, where required, must include the use of the Underground Service Alert system, the setup and removal of Traffic Control per the current California Manual of Uniform Traffic Control Devices (“CA MUTCD”), and include best management practices for storm water quality control in accordance with both National Pollution Devices Elimination System (“NPDES”) permits active in the City and as issued by various water control boards. The street maintenance contractor must also ensure all work meets the quality requirements of the City as determined by the City Engineer upon professional inspection.

A key position in the proposed Agreement is the Road Maintenance Supervisor.

Under direction of staff, the Road Maintenance Supervisor performs a complete city tour each week to inspect public facilities for deficiencies requiring maintenance and repair; makes recommendations for action; and oversees Item: 15
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2 1
2 4
and/or performs remedial activities. A weekly report of discovered deficiencies is submitted to the City. Every Friday by noon, a weekly list of proposed activities by the field crews and supervisor is submitted for the following week describing the days for which each activity is scheduled. Crew size, anticipated man-hours, and equipment is indicated for each activity. The Road Maintenance Supervisor also prepares a daily detailed report of work performed by each crew, including list of activities in order of performance, location, detailed description, scope and limits of work, and time allocated for each activity.

DISCUSSION:

On June 30, 2022, the City Manager approved the RFP for Street Maintenance and Engineering Support Services and authorized staff to solicit proposals on PlanetBids. The City subsequently received proposals from the two firms shown below:
•Charles Abbott & Associates, Inc.
•MCE Corporation (“MCE”)

The County of Orange was contacted directly regarding this procurement opportunity and declined to participate. Contract municipal street maintenance is a niche service, and CAA and MCE are the only known contractors to provide daily street maintenance services to cities in Southern California. Consistent with the City’s Purchasing Guidelines, staff assembled a selection committee approved by the City Manager to review proposals and participate in the interview phase of the selection process. The selection committee was comprised of the following:
•Director of Public Works
•Public Works Maintenance Manager
•Street Maintenance Administrator
•Recreation Manager
Technical Review and Interview Process
The review process is comprised of three phases: the Technical Review of written proposals, the Qualifications Interview phase, and the cost proposal evaluation. The Purchasing Guidelines require the Selection Committee to review all proposals submitted in response to the RFP. As summarized in Table 1, staff reviewed each proposal and both firms met the technical criteria, with CAA being the top-rated firm. Both firms were invited to the interview process.

Item: 15
132

2 1
2 4
Table 1: Summary of Technical Review and Qualifications Interview Technical Review Qualifications Interview
Rater Rater Pricing
Firm 1 2 3 4 Sub-
Total 1 2 3 4 Sub-
Total
Points
x 4 Total
CAA 93 84 81 79 337 155 129 130 123 537 156 693
MCE-Corp 61 75 67 65 268 88 103 108 100 399 160 559
In the assessment of qualifications, CAA received higher scores due to:

Qualifications and Experience of Team
During the qualifications interview, CAA demonstrated their comprehensive knowledge of street maintenance services and scored higher than MCE Corporation (“MCE”). CAA proposed a much more experienced and trained team, with more core capabilities and more locally accessible personnel.

Communication and accessibility are critical components of the street maintenance service, as infrastructure failures and emergency situations often require immediate connectivity between staff and the service provider.

CAA has provided excellent street maintenance service since 2016 from their Mission Viejo headquarters. Selecting CAA would ensure continuity of service with a vendor that is highly familiar with the City and our operating procedures as well as the scope of work required. The proposed Road Maintenance Supervisor has three years of experience in Lake Forest, Laguna Hills, and Rancho Santa Margarita. The proposed Road Maintenance Supervisor has experience directing labor crews, inspecting work, and executing field repairs. These actions are directly supported by CAA’s Project Manager, who has more than 26 years of street maintenance experience in South Orange County. Under CAA’s proposal, the Road Maintenance Supervisor assigned to Lake Forest would manage cost proposals, work orders, field repairs, and handle issues directly. The Road Maintenance Supervisor would also conduct inspections for the City Sidewalk Management Program.

CAA’s proposed field crew employees are those that are currently providing the street maintenance service to the City. Each crew member has worked in Lake Forest the last six years. The lead worker has over 20 years of street maintenance experience and is teamed with the other crew member who has over 28 years of experience.

In comparison, MCE is headquartered in Northern California in the City of Concord. MCE proposed a Road Maintenance Supervisor without any supervisory experience and four years of field experience. MCE personnel in Northern California determine cost proposals and manage work orders for the Item: 15
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2 1
2 4
local MCE field staff to rely on. Staff noted that it may be difficult for MCE to meet the requirements to provide a weekly list of proposed activities by work crews and related costs or to meet in the field to review issues in a timely manner if the associated staff are situated in Northern California.

MCE did not identify specific field crew members or the minimum qualifications of the proposed field crew for the proposal. MCE indicated the need to hire employees and possibly transfer one from an existing contract to staff the street maintenance service contract, which did not allow staff to assess the qualifications of the potential MCE field crew. During the interview process, MCE acknowledged the difficulty in recruiting employees to work on other municipal public works contracts in Southern California.

References
CAA provided six Orange County city and five Riverside County city references with similar scopes of work. Staff formally checked three references, which reported very good work (Attachment 2). MCE provided one Orange County, one Riverside County, and three references with Northern California cities. MCE was recently released from a contract with the City of Temecula. MCE stated they underestimated Temecula’s expectation levels and desired level of service.

Temecula added that communication was difficult with MCE since management was being handled from northern California.

Cost Proposals
Compensation scoring is based on an annual sum for each of the 77 work tasks identified in the cost proposal and scope of work. At the conclusion of the interview process, both firms had the opportunity to submit a last, best, and final cost proposal. Staff then evaluated each proposal in detail and clarified the final price proposals (see Table 2 below).

Table 2: Cost Proposal - Street Maintenance and Engineering Support Services Proposal CAA
3-Year Cost
Proposal
CAA
Field
Hours
MCE
3-Year Cost Proposal
MCE
Field Hours
Initial $ 5,785,445.59 2,340 $ 3,934,412.38*
*Initial not corrected
2,340
Revised $ 5,838,490.87*
*Staff revised
line-item #12.
2,340 $ 4,284,939.88**
**Includes
clarifications and
corrections. Staff
revised line-item #12.
2,340
Item: 15
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2 1
2 4
Proposal CAA
3-Year Cost
Proposal
CAA
Field
Hours
MCE
3-Year Cost Proposal
MCE
Field Hours
Final $4,850,529.46**

** Confirmed no
additional hours
needed
2,340 $ 4,683,320.38***
***Includes additional
Supervisor and field
crew hours.
3,936***
Staff used the final cost proposal amounts as shown above for comparison purposes. The final cost proposals indicate that CAA has the higher cost by $55,736.36 annually, or $167,209 (3.6%) over a three-year term. •CAA Cost Proposal
CAA’s initial price proposal confirmed the allocated labor hours and reflected a three-year contract price of $5,785,445.59. Staff corrected the spray post- emergent herbicide (“C&G”) City supplied quantity for line-item 12 which resulted in a revised cost proposal of $5,838,490.87. Staff then reviewed the proposal in detail and initiated cost negotiations with CAA, the most qualified firm, which resulted in a revised price proposal of $4,850,529.46 for the three- year Agreement. Staff deemed the rate structure submitted by CAA to be reasonable based upon current market conditions and historical costs the City has paid for street-related maintenance services through various contracts and capital improvement projects.
•MCE Cost Proposal
MCE’s initial price proposal included several calculation errors, issues of concern, and did not confirm the allocated labor hours. It reflected an initial price of $3,906,509.44. Subsequently, staff found 53 calculation errors, most of which were less than $1, but several ranged between $180-$2,341. Staff also found errors of $92,548.34 and $120,507.49. The absolute sum of the errors totaled over $218,300 (some errors canceled others out). A request was issued to MCE to correct and confirm its cost calculations. The spray post-emergent herbicide C&G quantity for line-item 12 was also corrected.

MCE submitted a revised proposal which increased the total compensation by $126,293.97 per year (or $378,430.44 for the three-year term) for a revised cost of $4,284,939.88.

MCE’s written proposal indicated it could not perform the work within the allocated labor hours for the Road Maintenance Supervisor (970 hours) and two- person field crew (1370 hours) line-items. MCE’s proposal indicated that it would require approximately 998 additional hours for the Road Maintenance Supervisor Item: 15
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and an additional 598 hours for the two-person field crew to meet the scope of work. Upon revising their allocation of hours, MCE’s cost proposal increased by $132,793.50 per year, or $398,380.50 over the three-year term. Staff added the additional proposed hours to the revised price proposal to determine MCE’s final cost proposal of $4,683,320.38 for comparison purposes. Staff still has concerns regarding MCE’s final cost proposal.

Furthermore, MCE’s cost proposal includes unit costs for line-items that are significantly higher than the costs proposed by CAA. Since the quantities for those items are low, the potential cost differences are not reflected in the final price proposal. The cost proposal comparison below (Table 3) includes potential projected unit quantities based on work performed in prior years. Going forward, unit quantities for certain line-items may change in response to emergencies, unexpected work demands, and other factors. As a result, the total cost experienced over a three-year term may be higher (in some cases) with MCE than CAA. Staff identified three line-items of concern and adjusted the quantities to test the potential cost impacts. Table 3 below demonstrates how certain line- item service costs can alter the three-year cost of either proposal.

Table 3: Sample Line-Item Cost Comparison
Line-Item Quantity MCE Cost CAA Cost
Excavator Rental 21 days $103,320 $43,281
Driveway Approach
Replacement 100 Sq. Ft. $259,711 $6,353
Sidewalk Grinding (per
Linear Foot) 3,500 Ln Ft. $107,975 $42,280
Budget & Cost Expectations:

Staff projected Fiscal Year 2022-23 street maintenance service costs would be subject to a significant increase due to the rising costs of materials, labor, fuel, and overall inflation. After careful analysis of the CAA proposal, staff determined the cost proposal received as part of this procurement is consistent with staff projections and expectations. If approved, the annual cost of the proposed Agreement would be approximately $1,616,843.15.

Recommendation
The City’s Purchasing Guidelines prescribe a qualification-based selection process based on a contractor’s experience, understanding of the scope of services, proposed personnel, completion of similar projects in a timely manner, and their ability to provide optimal services at an acceptable cost. Based on the technical review, interview performance, cost comparison, and reference checks, staff recommends approval of the Agreement with CAA.

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The term of the proposed Agreement is for three years with two optional one- year extensions. Awarding the Agreement would ensure the continued provision of street maintenance and engineering support services for the City. The compensation amount in the Agreement is based upon the cost proposal analysis of $4,850,529.46. Consistent with the City’s Purchasing Guidelines, the Finance Department prepared the proposed Agreement and the City Attorney’s Office reviewed and approved the proposed Agreement as to form. The City’s standard form agreement allows the City Manager to approve extra work up to 10% of the compensation amount.

FISCAL IMPACT:

The proposed Agreement with CAA includes $4,850,529.46 in total compensation. The Agreement includes a three-year term ending December 31, 2025, with two optional one-year extensions. The 2021-2023 Operating Budget includes sufficient funds to cover the costs of the recommended action.

ATTACHMENTS:

1. Agreement for Maintenance Services with Charles Abbott & Associates, Inc. for Street Maintenance and Engineering Support Services

2. References for Charles Abbott & Associates, Inc.

Initiated By: Justin Kirk, Street Maintenance Administrator 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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Contact #1: Contact #2: Contact #4:

Agency: City of Laguna Hills City of Aliso Viejo City of Laguna Woods Contact Info: Sal Quinones David Doyle April Baumgarten (949) 322-0539 (949) 425-2500 (949) 636-0561

QUESTIONS RESPONSE RESPONSE RESPONSE

1. What were the services
performed? Street Maintenance Street
Maintenance/Engineering Street Maintenance

2. How would you rate the quality
of work? Very good. Very good. Very good.

3. Did the firm meet all
deadlines? (Yes/No) Yes Yes Yes

4. Was day-to-day
communication with the firm
satisfactory? (Yes/No)
Yes Yes Yes

5. Were there any issues with the
firm? (Yes/No) (No, please
explain.)
No No No

6. Do you have any additional
comments or information
regarding your experience with
the firm?
Appreciate CAA work.

CAA goes above and
beyond. We don't worry
about a job getting done.

None Great work.

DATE: 12/6/2022

CITY OF LAKE FOREST

DEPARTMENT OF PUBLIC WORKS
Street Maintenance and Engineering Support Services

CHARLES ABBOTT & ASSOCIATES REFERENCE CHECK
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022
DEPARTMENT: Information Technology
SUBJECT:

AGREEMENTS WITH VONAGE BUSINESS, INC. FOR TELEPHONE

EQUIPMENT AND SERVICES
RECOMMENDED ACTION(S):

1. Approve the Second Amendment to the 2019 Agreement with Vonage Business, Inc. for additional Telephone Equipment and Services at the Lake Forest Civic Center

2. Approve the Agreement with Vonage Business, Inc. for Telephone Equipment and Services at the Lake Forest Civic Center, Sports Park, and the Etnies Skate Park of Lake Forest
EXECUTIVE SUMMARY:

The Civic Center’s telephone system was procured in 2019 from Vonage Business, Inc. when City operations were relocated from the former City Hall building. The system includes telephone rentals, conference calls, video calls, mobile software, desktop software, hunt groups, voice mailboxes, a dedicated voice internet service, and related equipment and services. The Vonage system has functioned in a satisfactory manner in all respects, call and video quality is excellent, and availability is highly reliable with no recorded downtime during business hours. The term of the three-year Agreement with Vonage (“Vonage 2019 Agreement”) is set to expire on December 18, 2022, and will revert to a month-to-month basis if not renewed or replaced.

Staff now seeks to accomplish two goals. First, staff recommends approval of the Second Amendment to the Vonage 2019 Agreement, adding $24,710 in compensation for a new total compensation amount of $242,881. This action will reconcile the Vonage 2019 Agreement amount to actual expenses resulting from service requests and feature enhancements requested by the City during the contract term.

Second, staff recommends the approval of a new three-year agreement with Vonage Business for telephone equipment and services at the Civic Center, Sports Park, and the Etnies Skate Park of Lake Forest (“Skate Park”), in the Item: 16
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amount of $244,413, representing a 6.1% cost reduction (“Vonage 2022 Agreement”). Staff believes this action is consistent with the sole-source provision of the City’s Purchasing and Contracting Guidelines (“Purchasing Guidelines”). Significant time in both implementation and citywide staff training has been invested in deploying the Vonage system. The 2021-2023 Operating Budget includes sufficient funding to cover the costs of the recommended action.

BACKGROUND:

On January 3, 2019, the City issued a Request for Proposals for network and telephone equipment and services for the Lake Forest Civic Center, which was then under construction. The project was awarded to TechStrata LLC., who partnered with Vonage Business to provide the telephone services portion of the project. On May 21, 2019, the City Council awarded an agreement to TechStrata LLC in the amount of $249,611 to equip and install the network infrastructure, and awarded an Agreement to Vonage Business, Inc. (“Vonage”), in the amount of $215,631 for telephone equipment and services (Attachment 1).

The term of the Vonage 2019 Agreement was 36 months from the “start of service.” Telephone service for the Civic Center was enabled on December 19, 2019, which established the contract termination date of December 18, 2022.

The term will convert to a month-to-month basis if not renewed or replaced with a new agreement. The system includes 179 desktop telephones, mobileconnect software licenses, auto-attendant, unified voice mailboxes, hunt groups, paging, network router, a dedicated voice internet service, and associated equipment and services to ensure high quality of voice & video traffic. The dedicated voice internet service was included in Techstrata’s scope of work, but that service was billed by Vonage in the amount of $18,210 over the term of the Vonage 2019 Agreement.

On July 19, 2021, the City Council approved two new contracts with Vonage Business for telephone equipment and services; one contract for the Lake Forest Sports Park in the amount of $21,526, and one contract for the Lake Forest Skate Park in the amount of $2,302. Both contracts were co-termed on December 19, 2022, to align with the term of the Vonage 2019 Agreement for Civic Center service (Attachment 2).

On January 20, 2022, the City Manager approved the First Amendment to the Vonage 2019 Agreement for additional equipment and services at the Civic Center, adding eight phones and licenses in the amount of $2,540 over the remaining term (Attachment 3). This resulted in a revised compensation amount of $218,171. Aside from the First Amendment, staff submitted multiple service requests which were not formally incorporated into an amendment. These Item: 16
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changes total approximately $6,500 over the term of the Vonage 2019 Agreement.

Staff now seeks to accomplish two goals: (1) “true-up” the Vonage 2019 Agreement compensation amount with approval of the proposed Second Amendment, and (2) execute new three-year contracts with Vonage Business for telephone equipment and services at the Civic Center, Sports Park, and Skate Park with reduced unit pricing.

DISCUSSION:

SECOND AMENDMENT TO VONAGE 2019 AGREEMENT
As described above, service changes that have been requested during the course of the Vonage 2019 Agreement, such as Lifesize integration, additional conference phones, and additional message “mailboxes,” resulted in an increase in costs above the approved compensation amount. By the end of the term, staff anticipates this increase will equal nearly $6,500. The dedicated voice internet service was in Techstrata’s Scope of Work but billed by Vonage. This alone accounts for $18,210 of the Second Amendment’s added compensation amount.

In total, $24,710 is needed to fully align the Vonage 2019 Agreement compensation amount to the anticipated expenses. Therefore, staff requests City Council approval of the Second Amendment to the Vonage 2019 Agreement, establishing a new total amount of $242,881 (Attachment 4). The Second Amendment has been approved by the City Attorney as to form.

NEW VONAGE CONTRACT
The proposed new contract for the Civic Center, Sports Park, and Skate Park will continue the provision of the high-quality services and telephone features. For this new agreement (“Vonage 2022 Agreement”), Vonage provided the City price reductions on several line-items, resulting in monthly cost reductions of $375.25 per month at the Civic Center, $33.00 at the Sports Park, and $33.60 at the Skate Park for a total reduction of 6.1%, amounting to $15,907 over the the term of the Agreement (Table 1).

Table 1: Proposed Vonage Contracts
Site Proposed
Monthly Annualized 36-Month
Civic Center $6,322.25 $75,867 $227,601
Sports Park $365.00 $4,380 $13,140
Skate Park $102.00 $1,224 $3,672
Total New Contract $6,822.25 $81,471 $244,413
Item: 16
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Site Proposed
Monthly Annualized 36-Month
Savings -$441.85 -$5,302 -$15,907
Vonage has been highly responsive to City requests and the audio and video quality of service has been excellent. Staff have extensive training and practice in how to use the Vonage voice over internet protocol (“VOIP”) features, and the Vonage deployment represents a notable investment in time and customization over the past three years. Expanding the Civic Center system to the Sports Park and Skate Park was completed barely one year ago. Changing phone systems at this time would present an unnecessary disruption in existing services and require retraining of staff. According to the City’s IT Provider, a different system is unlikely to provide notable improvements in service or functionality. Due to this existing investment, staff believes remaining with Vonage as our telephone system provider is consistent with the sole-source provision of the Purchasing Guidelines and is in the best interests of the City. Therefore, staff recommends approval of the attached Vonage 2022 Agreement with total compensation amount of $244,413 and a three-year term (Attachment 5).

FISCAL IMPACT:

The anticipated expenses of these contracts include both direct service costs as well as taxes and regulatory fees which are established at the local, state, and federal level. Vonage billing includes these nondiscretionary taxes and fees collected on behalf of the regulatory or governing agencies. Based on historical payments, staff anticipates taxes and fees will be approximately $30,000 per year. In summary, the costs for Vonage services will be $244,413 plus taxes and regulatory fees of approximately $90,000 for the 3-year term of the agreement.

The 2022-23 Operating Budget includes sufficient funds for this purpose.

ATTACHMENTS:

1. Vonage 2019 Agreement

2. Vonage Agreement for Sports Park & Skate Park Telephone Services (2021)

3. First Amendment to the Vonage 2019 Agreement

4. Second Amendment to the Vonage 2019 Agreement

5. Vonage 2022 Agreement
Initiated By: Douglas McBratney, Information Technology Manager Submitted By: Keith D. Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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Kristy Thomas (Jun 21, 2019)
Kristy Thomas
Jun 21, 2019
VP of Western Sales
Kristy Thomas
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ATTACHMENT 2
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ATTACHMENT 3
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ATTACHMENT 4
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ATTACHMENT 5
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Sales Order# 626490
Account ID: 911727
Date: 10/07/2022
Sales Person: Sabrina Susuras
Pricing Expires 11/05/2022
Requested Install Date 12/01/2022
Term: 36 Months
Customer Billing Address Customer Install Address
Douglas McBratney Douglas McBratney
Skate Park Skate Park
100 Civic Center Dr 20028 Lake Forest Dr
Lake Forest, CA 92630-9202 Lake Forest, CA 92630
US US
Previous Contract One Time Total* $0.00 Monthly Total* $-135.60 *plus applicable Taxes and Fees
Renewal
One Time Monthly
Product Quantity Unit Price Ext Price Unit Price Ext Price ---------------
Premier Plus 3 $0.00 $0.00 $25.00 $75.00
Includes DID, Premium features, Voicemail, Visual Voicemail (Voicemail to Text), and Unlimited Local and LD (w/ Fair Use Policy) + MobileConnect Trio with IM/P and 8 User Desktop Sharing, Hub integration. Also includes one collaborate bridge for up to 30 voice / 15 video participants. Single conferencing access number per account subject to Fair Use Policy.

Polycom VVX601 POE Rental 3 $0.00 $0.00 $9.00 $27.00
Polycom VVX601 POE Rental Executive 16 Line HD Gig IP Phone with Touchscreen Display. Does not include power brick.

Long Distance Outbound (2.5) and
Inbound Toll Free 1 $0.00 $0.00 $0.00 $0.00
One Time Total* $0.00 Monthly Total* $102.00
*plus applicable Taxes and Fees Previous One Time $0.00 Previous Monthly $135.60 Difference $0.00 Difference $-33.60
Customer Vonage Business Inc.

Signature Signature
Printed Name of Authorized Signatory Printed Name of Authorized Signatory Title Title
CALL 888.697.7437
DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
245

Sales Order# 626490
Account ID: 911727
Date: 10/07/2022
Sales Person: Sabrina Susuras
Pricing Expires 11/05/2022
Requested Install Date 12/01/2022
Term: 36 Months
Date Date
This Sales Order constitutes the valid and binding agreement between Vonage Business and the Customer identified above to purchase and use the Vonage Business products and services specified in this Sales Order. This Sales Order, together with any terms or conditions set forth in any applicable amendment, addendum, exhibit or schedule to this Sales Order, is subject to and governed by the Vonage Enterprise Terms of Service set forth at https://enterprise.vonage.com/terms (the "Service Terms"), which include provisions relating to payment, collection, early termination, limitations of liability and E911 service, and which are hereby made part of and incorporated by this reference into the Sales Order. Any capitalized terms not otherwise defined in this Sales Order shall have the meaning ascribed to such terms in the Service Terms. The person whose signature appears above warrants that they are authorized to sign this Sales Order and to acknowledge and accept the Service Terms.

Prices do not include applicable Taxes, Fees and Shipping and Handling charges.

CALL 888.697.7437
DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
246

Sales Order# 626489
Account ID: 908654
Date: 10/07/2022
Sales Person: Sabrina Susuras
Pricing Expires 11/05/2022
Requested Install Date 12/01/2022
Term: 36 Months
Customer Billing Address Customer Install Address
Douglas McBratney Douglas McBratney
City of Lake Forest City of Lake Forest
100 Civic Center Dr 100 Civic Center Dr
Lake Forest, CA 92630-9202 Lake Forest, CA 92630-9202 US US
Previous Contract One Time Total* $0.00 Monthly Total* $-6,697.50 *plus applicable Taxes and Fees
Renewal
One Time Monthly
Product Quantity Unit Price Ext Price Unit Price Ext Price ---------------
Polycom 6000 Rental 11 $0.00 $0.00 $18.00 $198.00
Rental of phone handset. Does not include power brick.

Managed Analog Port 5 $0.00 $0.00 $8.00 $40.00
Single Call Session with Analog Handoff for Analog Devices. Not to be used for fax machines, credit card machines, postage meters or alarm lines. ATA may be included.

Managed Router Rental - Ethernet up to
50 mb 1 $0.00 $0.00 $15.00 $15.00
Router to support ethernet delivery up to 50 mbps. Equipment must be returned at end of contract.

Premier Plus 131 $0.00 $0.00 $25.00 $3,275.00
Includes DID, Premium features, Voicemail, Visual Voicemail (Voicemail to Text), and Unlimited Local and LD (w/ Fair Use Policy) + MobileConnect Trio with IM/P and 8 User Desktop Sharing, Hub integration. Also includes one collaborate bridge for up to 30 voice / 15 video participants. Single conferencing access number per account subject to Fair Use Policy.

Polycom VVX601 POE Rental 119 $0.00 $0.00 $9.00 $1,071.00 Polycom VVX601 POE Rental Executive 16 Line HD Gig IP Phone with Touchscreen Display. Does not include power brick.

Auto Attendant 10 $0.00 $0.00 $5.00 $50.00
Answers and routes calls to 11 destinations. Includes a DID, and Dial by Name for all Stations.

SmartWAN Mono-30 Mbps-Rental 1 $0.00 $0.00 $71.00 $71.00 SmartWAN 30 Mbps throughput. Seamless fail-over, WAN Optimization, Secure tunnel, Read-only portal. VeloCloud VCE-510-30 or VCE-520-30.

Premier Basic 52 $0.00 $0.00 $13.00 $676.00
Lobby or Common Area phone. Includes DID, IB/OB, 3way, Transfer, CallerID only. Includes 200 LD mins. Voicemail NOT included.

Polycom VVX Color Expansion Module
CALL 888.697.7437
DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
247

Sales Order# 626489
Account ID: 908654
Date: 10/07/2022
Sales Person: Sabrina Susuras
Pricing Expires 11/05/2022
Requested Install Date 12/01/2022
Term: 36 Months
Rental 8 $0.00 $0.00 $6.00 $48.00
28 button sidecar with color LCD screen and self-labeling keys for VVX series. Up to 3 Modules per VVX phone. Includes AUX cable and attachment hardware.

Polycom VVX201 POE Rental 42 $0.00 $0.00 $3.00 $126.00
Polycom VVX201 POE Rental 2-line Desktop GigE Phone with HD Voice. Does not include power brick.

Managed Ethernet Loop 5 Mbps 1 $0.00 $0.00 $500.00 $500.00 Static bandwidth ethernet last mile loop delivered via copper or fiber as available. Internet bandwidth and router sold separately.

Unified Mailbox 23 $0.00 $0.00 $5.00 $115.00
Includes 30 Minutes of Storage, and voicemail conversion to .wav file Hunt Group 22 $0.00 $0.00 $4.00 $88.00
Lead # for a group of extensions / phones. 5 Group ringing options with overflow.

Long Distance Outbound (2.5) and
Inbound Toll Free 1 $0.00 $0.00 $0.00 $0.00
AudioConnect Audio Conferencing - Flat
Rate 1 $0.00 $0.00 $20.00 $20.00
Reservation-less Bridge supports up to 1000 callers (No TF). Call recording included. Web portal access to manage conferences and call recording.

DID Single Number 1 $0.00 $0.00 $0.25 $0.25
Porting or Activating and Maintaining Single DID's (non-blocks) Polycom VVX 250 POE - Rental 7 $0.00 $0.00 $3.00 $21.00 Polycom VVX 250 POE Rental 2-line Desktop Phone with HD Voice. Does not include power supply.

Group Page 10 1 $0.00 $0.00 $8.00 $8.00
Supports up to 10 Complete/Select Premium Stations. Single zone, single location.

One Time Total* $0.00 Monthly Total* $6,322.25
*plus applicable Taxes and Fees Previous One Time $0.00 Previous Monthly $6,697.50 Difference $0.00 Difference $-375.25
Customer Vonage Business Inc.

Signature Signature
Printed Name of Authorized Signatory Printed Name of Authorized Signatory CALL 888.697.7437
DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
248

Sales Order# 626489
Account ID: 908654
Date: 10/07/2022
Sales Person: Sabrina Susuras
Pricing Expires 11/05/2022
Requested Install Date 12/01/2022
Term: 36 Months
Title Title
Date Date
This Sales Order constitutes the valid and binding agreement between Vonage Business and the Customer identified above to purchase and use the Vonage Business products and services specified in this Sales Order. This Sales Order, together with any terms or conditions set forth in any applicable amendment, addendum, exhibit or schedule to this Sales Order, is subject to and governed by the Vonage Enterprise Terms of Service set forth at https://enterprise.vonage.com/terms (the "Service Terms"), which include provisions relating to payment, collection, early termination, limitations of liability and E911 service, and which are hereby made part of and incorporated by this reference into the Sales Order. Any capitalized terms not otherwise defined in this Sales Order shall have the meaning ascribed to such terms in the Service Terms. The person whose signature appears above warrants that they are authorized to sign this Sales Order and to acknowledge and accept the Service Terms.

Prices do not include applicable Taxes, Fees and Shipping and Handling charges.

CALL 888.697.7437
DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
249

Sales Order# 626491
Account ID: 911724
Date: 10/07/2022
Sales Person: Sabrina Susuras
Pricing Expires 11/05/2022
Requested Install Date 12/01/2022
Term: 36 Months
Customer Billing Address Customer Install Address
Douglas McBratney Douglas McBratney
Sports Park Sports Park
100 Civic Center Dr 28000 Rancho Pkwy
Lake Forest, CA 92630-9202 Lake Forest, CA 92630-8723 US US
Previous Contract One Time Total* $0.00 Monthly Total* $-398.00 *plus applicable Taxes and Fees
Renewal
One Time Monthly
Product Quantity Unit Price Ext Price Unit Price Ext Price ---------------
Premier Plus 5 $0.00 $0.00 $25.00 $125.00
Includes DID, Premium features, Voicemail, Visual Voicemail (Voicemail to Text), and Unlimited Local and LD (w/ Fair Use Policy) + MobileConnect Trio with IM/P and 8 User Desktop Sharing, Hub integration. Also includes one collaborate bridge for up to 30 voice / 15 video participants. Single conferencing access number per account subject to Fair Use Policy.

Polycom VVX601 POE Rental 4 $0.00 $0.00 $9.00 $36.00
Polycom VVX601 POE Rental Executive 16 Line HD Gig IP Phone with Touchscreen Display. Does not include power brick.

Premier Basic 12 $0.00 $0.00 $13.00 $156.00
Lobby or Common Area phone. Includes DID, IB/OB, 3way, Transfer, CallerID only. Includes 200 LD mins. Voicemail NOT included.

Polycom VVX201 POE Rental 12 $0.00 $0.00 $3.00 $36.00
Polycom VVX201 POE Rental 2-line Desktop GigE Phone with HD Voice. Does not include power brick.

Hunt Group 1 $0.00 $0.00 $4.00 $4.00
Lead # for a group of extensions / phones. 5 Group ringing options with overflow.

Long Distance Outbound (2.5) and
Inbound Toll Free 1 $0.00 $0.00 $0.00 $0.00
Group Page 10 1 $0.00 $0.00 $8.00 $8.00
Supports up to 10 Complete/Select Premium Stations. Single zone, single location.

One Time Total* $0.00 Monthly Total* $365.00
*plus applicable Taxes and Fees
CALL 888.697.7437
DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
250

Sales Order# 626491
Account ID: 911724
Date: 10/07/2022
Sales Person: Sabrina Susuras
Pricing Expires 11/05/2022
Requested Install Date 12/01/2022
Term: 36 Months
Previous One Time $0.00 Previous Monthly $398.00
Difference $0.00 Difference $-33.00
Customer Vonage Business Inc.

Signature Signature
Printed Name of Authorized Signatory Printed Name of Authorized Signatory Title Title
Date Date
This Sales Order constitutes the valid and binding agreement between Vonage Business and the Customer identified above to purchase and use the Vonage Business products and services specified in this Sales Order. This Sales Order, together with any terms or conditions set forth in any applicable amendment, addendum, exhibit or schedule to this Sales Order, is subject to and governed by the Vonage Enterprise Terms of Service set forth at https://enterprise.vonage.com/terms (the "Service Terms"), which include provisions relating to payment, collection, early termination, limitations of liability and E911 service, and which are hereby made part of and incorporated by this reference into the Sales Order. Any capitalized terms not otherwise defined in this Sales Order shall have the meaning ascribed to such terms in the Service Terms. The person whose signature appears above warrants that they are authorized to sign this Sales Order and to acknowledge and accept the Service Terms.

Prices do not include applicable Taxes, Fees and Shipping and Handling charges.

CALL 888.697.7437
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Vonage Business Communications
Global Terms of Service Agreement

Effective Date: October 5, 2020

THESE ONLINE TERMS OF SERVICE (“Service Terms” or “Terms of Service”), including the Sales Order(s), which by this reference are incorporated herein (“Agreement”), govern Customer’s use of the Services provided by Vonage and its Affiliates (individually or collectively “Vonage”), and constitutes a binding agreement between Vonage and the Customer legal entity identified in a Sales Order (“Customer”). Vonage and Customer may be individually referred to as a “Party” or collectively as the “Parties”.

The Vonage Affiliate providing Services under a Sales Order shall be as set forth in Schedule 2 (based on Customer’s domicile), unless otherwise set forth in a Sales Order), and all references to “Vonage” shall be deemed to refer to such Vonage Affiliate. Vonage may update the applicable Vonage Affiliate (within domicile) by providing reasonable written notice in accordance with this Agreement.

Country-specific terms and conditions are set forth in Schedule 3 and shall apply to Customers domiciled in those countries.

Vonage provides services and equipment intended solely for business use, pursuant to the terms and conditions set forth in this Agreement, and on the condition that customer Accepts a Sales Order and complies with this Agreement. By Accepting a Sales Order, Customer (a) accepts this Agreement and agrees that Customer is legally bound by its terms; and (b) represents and warrants that it has the right, power, and authority to enter into this Agreement on behalf of the corporation, governmental organization, or other legal entity, and to bind such organization to these Service Terms. If Customer does not agree to the terms of this Agreement, Customer may not download, install, or use the Services or Vonage Equipment.

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1. DEFINITIONS
Capitalized terms used but not otherwise defined in this Agreement will have the meaning ascribed to such terms in Schedule 1 and/or in the Sales Order.

2. SUBSCRIPTION SERVICES; SALES ORDERS
A. Subscription Services
a. Pursuant to the terms of this A greement, Vonage shall provide to Customer: (i) telephony, conferencing, messaging and related subscription -based services as described in one or more Sales Order(s), and the Service Descriptions which describe the features and functionality of the Services, or other documentation Vonage may provide from time-to-time; and (ii) the set -up, installation, implementation, configuration, and other Professional Services identified in Sales Orders (if applicable) and a Statement of Work (if applicable) in connection with the Subscription Services. Customer’s use of the Subscription Services are governed by Vonage’s Acceptable Use Policy. b. Subject to Customer’s compliance with this Agreement, Vonage hereby grants Customer and its Affiliates, a limited, revocable, personal, non- exclusive, non- transferable, and non -sublicensable license during the Service Term to: (i) provide Authorized Users access to the Services via Customer’s Account; and (ii) download, install, and use Software made available by Vonage in connection with the Services, subject to any additional terms and conditions accompanying such Software, as applicable.
c. Certain Software Vonage provided to Customer may contain third- party software ("Third-Party Software"), including open source software. Use of such Third- Party Software may be governed by separate co pyright notices and license provisions, which will be provided to Customer and which are incorporated by reference into this Agreement. Such provisions shall govern the use of Third- Party Software. Customer agrees to comply with the terms and conditions of all end user license agreements accompanying any Software (including Third-Party Software) or plug-ins to such Software distributed in connection with the Service. All end user licenses shall immediately terminate on the date that the Service expires, or this Agreement is terminated. d. To access the Services, Customer must maintain an active Account in good standing.

Customer shall provide and maintain accurate, complete, and up -to-date information within its Account. Customer is solely responsible for th e activity that occurs on its Account (which includes its sub -Accounts), and for keeping its Account credentials secure. Vonage will not be liable for losses caused by any unauthorized use of the Account; provided, however, that Customer shall not be respo nsible for unauthorized Charges on its Account to the extent that it took reasonable precautions and the unauthorized use is demonstrated to be solely due to Vonage’s gross negligence or willful DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
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misconduct. Customer represents and warrants that it is duly authorized to do business and use the Services in all jurisdictions in which Customer operates. Customer must notify Vonage promptly of any change in Customer’s eligibility to use the Services, breach of security, or any unauthorized use of Customer’s Account. Notwithstanding closure of Customer’s Account, Vonage may retain Customer Data as reasonably necessary for compliance with applicable law.
e. The foregoing licenses shall extend to Customer Affiliates, provided that such Customer Affiliates are acting via Customer’s Account (or subaccounts thereof), and provided further that Customer remains liable to Vonage for all acts and omissions of such Affiliates (or any other entities authorized by Customer to use the Services or act via Customer’s Account) as if they were Customer’s own acts or omissions, including payment for the Services.
f. Vonage may use or rely on one or more licensors, service providers, and/or equipment providers or equipment lessors whose products, equipment and/or services are provided in conjunction with, or incorporated into, the Services and/or Vonage Equipment ("Third- Party Services"). Such Third- Party Services may also be provided under Vonage's trademarks or otherwise branded as a Vonage Service. Third- Party Services may be governed by Third-Party Terms , or identified in documentation or on other media delivered with the Third- Party Services and will be provided to Customer; such Third- Party Terms are incorporated by reference into this Agreement and shall govern the use of Third-Party Services. Customer agrees to comply with such terms and conditions of all Third-Party Services. Such Third- Party Terms are deemed to be between Vonage and Customer and do not create a contractual relationship between Customer and such third party. Any non-compliance with terms and conditions of Third- Party Services shall be considered non-compliance with this Agreement.

B. CX Contact Center Services
Terms applicable to Vonage Contact Center Services (including VCXC-CC Extension and CX Cloud Express) are set forth here. The Service Description and the scope of Professional Services for the Vonage CX Contact Center Service identified on the Sales Order is set forth here.

C. Sales Order Submission and Acceptance
Customer may order Subscription Services by accepting or executing one or more Sales Orders in a manner and format as required by Vonage, including via Vonage’s ordering portal. Applicable Professional Service Fees and/or installation Charges will be set forth in a Sales Order. Vonage may, in its sole discretion, accept or reject a Sales Order prior to Acceptance or execution. Once a Sales Order is accepted or executed, along with an DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
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executed SOW (if applicable), Vonage shall provision the Subscription Services and provide access credentials to the Account or applicable sub- account thereof. Customer may also order additional Subscription Services via Vonage’s online ordering portal (described below).

D. Service Term and Automatic Renewal
Each Sales Order shall state the Initial Term. The Initial Term will commence on the date set forth in t he Sales Order as the Subscription Service Term Start Date. Sales Orders which describe delivery of Subscription Services to multiple Customer Locations will identify multiple Subscription Service Term Start Dates and Subscription Terms. The Initial Term will automatically renew for successive periods of the same length as the previous Initial Term or Renewal Term (as applicable) except where either Party provides written notice of intent not to renew at least ninety days prior to the end of the then-current Initial Term or Renewal Term. Upon termination of the applicable Initial Term or Renewal Term, Vonage will not be obligated to furnish the Subscription Services to Customer; provided however, if Customer continues to use the Subscription Services after termination of the Initial Term or Renewal Term, such use shall be on a month- to-month basis and Customer shall be obligated to pay for such Subscription Services at Vonage’s then-current monthly rates. Either party may terminate such month- to-month term by providing at least thirty days advance notice. Except as expressly provided in the applicable Sales Order, renewal of promotional or one-time priced subscriptions may be, in Vonage’s discretion, at Vonage’s applicable list price in effect at the commencem ent of the applicable Renewal Term.

E. Service Adds; Co-Term
Services added to an existing Customer Location will be deemed to be part of the existing Sales Order for the purposes of determining the remaining Subscription Term for such additional Servic e (i.e. co- term). However, some Services require a minimum commitment term which may not be co-terminus with the Subscription Term of the existing Sales Order (e.g. Vonage Equipment and CX Contact Center Services). For any such Services, a separate Sales Order is required, and the Subscription Term will be set forth in the applicable Sales Order. Services ordered for additional Customer Locations (i.e. multi-locations) will have separate Subscription Terms as stated in the Sales Order unless the Parties mutually agree otherwise via an addendum executed by both Parties.

F. Service Platform Migration
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When Customer migrates from the Vonage Enterprise service platform to the VBC service platform, Customer acknowledges that upon Acceptance of a VBC Sales Or der, the Vonage Enterprise services and all associated agreements shall be terminated, effective upon migration of the services.

G. Changes
Vonage may update, upgrade, discontinue, or otherwise modify the Services or specific Services in whole or in part in accordance with this section. Vonage shall make commercially reasonable efforts to provide at least ninety days’ notice prior to any material changes of the specific Services, subject without limitation to urgency and security issues. Customer shall use commercially reasonable efforts to cooperate with Vonage to effect modifications to the Services, including by promptly implementing all fixes, updates, upgrades, and replacements of Software as reasonably required by Vonage, and Vonage shall not be responsible for Customer’s failure to do so.

Notwithstanding the foregoing, modifications to the Services shall not materially reduce the features, level of functionality, performance, availability, or security of the Services during the Service Term, unless Vonage makes available to Customer, at no additional cost, an alternative Service that is substantially equivalent to the modified Service; provided that Customer’s sole remedy for non-compliance with the foregoing shall be the right to terminate any affected Service within ninety days of receiving written notice of the modification.

H. Reservation of Rights
Notwithstanding anything to the co ntrary herein, Vonage reserves the right, but is not obligated, to (i) monitor and review Customer’s use of the Services, including to ensure Customer’s compliance with the Agreement; (ii) reject, refuse to transmit, block, or remove any content (including Customer Data); and (iii) access, read, preserve, or disclose any information that Vonage reasonably believes is necessary to (a) comply with applicable law, regulation, legal process, or government request, (b) enforce the Agreement, including investigat ion of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to Customer’s support requests, or (e) protect the rights, property or safety of Vonage, its customers, its customers’ end users, and/or the public. Customer agrees to provide Vonage with any information Vonage reasonably requests to investigate and resolve issues relating to Customer’s Account.

I. Required Maintenance; Customer Support
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a. Vonage has the right to perform repair and maintenance or to upgrade, update or enhance (collectively, the "Maintenance") its network, infrastructure, website(s), Services and/or Vonage Equipment with prior notice per the Service Level Agreement if such Maintenance would cause a partial or full disruption of the Services. b. Customer will timely report any issues, trouble or problems affecting Service to Vonage using a Customer-initiated trouble ticket (a “Trouble Ticket”). Trouble Ticket procedures and additional information for Vonage support can be found here. Calls to and from Vonage customer service, sales or other representatives may be recorded and/or monitored for quality assurance and training purposes. Customer's sole remedies for any non-performance, outages, failures to deliver or defects in Service are set forth in the applicable service level agreement and these Service Terms.

J. Voice-to-Text and Text-to-Voice Limitations.

Certain Vonage Services may provide a function that allows voicemails to be converted to text and vice- versa. Customer understands and agrees that Vonage’s voice- to-text ("VTT") and text -to-voice ("TTV") features may not accurately transcribe voicemails or articulate text messages , respectively. Customer is solely responsible for checking the original message and verifying the accuracy of the message when using any VTT or TTV features. Vonage expressly disclaims all liability with respect to the conversion of voicemails to text or vice-versa.

K. Acceptable Use Policy
Customer shall not, and shall ensure that end users and Affiliates do not, and shall not authorize, assist, or enable any other third party to, use the Services in any manner that violates the AUP.

L. No Resale
Customer represents and warrants that it will be the ultimate end user of the Service.

Customer shall not in any way resell, license, permit nor allow any t hird party to use the Services without receiving Vonage's prior written consent.

M. Electronic Recording
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Customer acknowledges that there are laws governing the electronic recording of telephone conversations and that Vonage is not liable for any illegal use of the Services.

It is Customer's responsibility to determine and comply in full with its own compliance obligations. No Services or products offered by Vonage are represented or warranted to comply with electronic recording laws. Customer agrees that Vonage may, in its sole discretion, record any call between Customer and Vonage for quality control and training purposes.

3. FEES AND PAYMENT
A. Invoices; Billing and Payment Terms
Vonage will invoice Customer pursuant to the Subscription Services Invoicing Frequency and Customer shall pay pursuant to the Payment Terms as set forth in the Sales Order.

Charges are based on Subscription Services and equipment purchased and not actual usage. Recurring charges for the Subscription Services begin on the Subscription Service Term Start Date and will continue for the Term. Payment obligations are non-cancellable, and Charges paid are non- refundable unless otherwise set forth in this Agreement.

Quantities purchased cannot be decreased during the relevant Subscription Term without the imposition of the applicable early termination charges. Usage based Charges (including Charges for international calls), Marketplace Service Charges, Change Order fees, and ancillary expenses (e.g. incurred in connection with the Professional Services, if any, such as travel, hotel and subsistence expenses; such expenses to be invoiced by Vonage at cost) are payable in arrears. Equipment purchase Charges are billable upon Acceptance of a Sales Order. Professional Services provided on a fixed price basis will be billed in advance and Professional Services provided on a time and material basis will be billed as completed monthly in arrears pursuant to the Payment Terms. An invoice for Professional Services will be sent promptly following Acceptance of the Sales Order, with payment due per the Payment Terms. Invoices will be sent by email to the address specified in Customer’s Account. The foregoing shall not apply to In-App Purchases. The terms of service for the app store from which C ustomer downloaded the mobile application shall govern the Payment Terms and taxes and fees for the in- app Services, if any, and such terms are hereby incorporated by reference.

Overdue amounts other than amounts disputed in good faith bear interest at the lower of

1.5% per month or the maximum rate allowed by governing law. Vonage may suspend the Subscription Services upon prior written notice if Customer’s payment on any undisputed amounts remains overdue at the end of the tenth day following such notice. Customer agrees to supply Vonage with the information necessary for Vonage to complete an initial credit evaluation prior to providing Customer with access to the Services or the Vonage Equipment. Vonage may also update its information regarding Customer’s credit rating from time to time. Vonage may limit Customer’s purchasing of DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
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additional Services or Vonage Equipment or require another form of payment such as auto-payment in its reasonable discretion based on changes in Customer’s creditworthiness or habitual payment delinquency.

B. Pricing
Pricing shall be set forth in the applicable Accepted Sales Order or as stated in the Vonage ordering portal and shall remain fixed until the end of the applicable Subscription Term. Upon auto- renewal of the Subscription Services, the Subscription Charges will increase by 7%. In the event Vonage continues to provide Services to Customer on a month-to-month basis following a committed term, Vonage reserves the right to increase pricing to Vonage’s then-current month-to-month pricing.

C. Commitment
Customer agrees it is responsible for the full value of each Sales Order effective upon Acceptance of the applicable Sales Order, subject to termination due to Vonage’s uncured default. Notwithstanding anything to the contrary herein, if Subscription Services are reduced or terminated other than due to a Party’s uncured default, all Charges due under the reduced or terminated Sales Order will be accelerated and Customer shall pay Vonage the sum of all unpaid amounts for Subscription Services actually provided, plu s the remaining contracted Charges as of the date of termination through the end of the Subscription Term stated in the Sales Order(s), as well as any additional incurred Charges (e.g. usage, Equipment purchases, etc.); or, if such termination is prior to the Subscription Service Term Start Date, the total amount of the Sales Order, and applicable Taxes and Fees on all of the foregoing.

D. Taxes and Fees
Prices for Subscription Services and Equipment purchases do not include applicable Taxes, Fees, Duty and Customs charges. Customer will be solely liable for and will pay upon demand all Taxes, Fees, Duty and Customs charges associated with Customer’s purchase of Equipment, and access to or use of the Services as set forth in the applicable Invoice, and shall not deduct any such amounts, or any other withholdings, set-offs, or deductions, from owed amounts, but will not be responsible for taxes based on Vonage’s net income. Customer may present Vonage with an exemption certificate eliminating Customer’s and Vonage’s liability to pay certain Taxes. Once Vonage has approved the exemption certificate in writing, Customer shall be exempt from those Taxes on a go- forward basis. If a tax authority determines that Customer is not exempt from Taxes and assesses those Taxes, Customer shall pay those Taxes to Vonage, plus any DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
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applicable interest or penalties. Customer may be charged Taxes and Fees by a marketing partner or authorized distributor for non-Vonage products and services sold or licensed by that marketing partner or authorized distributor in connection with a Sales Order.

In addition, a regulatory recovery fee for every phone number assigned to Customer's account, including toll free and virtual numbers, may be charged monthly to offset costs incurred by V onage in complying with inquiries and obligations imposed by regulatory bodies/governments and related legal and billing expenses. This recovery fee may also include recovery of costs for legal, intellectual property, cybersecurity, compliance and other related expenses, including those related to number portability, customer privacy protection and anti-fraud protection. This fee is not a tax or charge required or assessed by any government and may be recovered by Vonage through imposition of a surcharge on the cost of the Service.

E. Billing Disputes
Billing disputes must be initiated within ninety days of the disputed invoice date. Upon expiration of such ninety -day period, Customer waives its right to dispute any fees paid or payable to Vonage. The Par ties will work together in good faith to resolve billing disputes. A pending billing dispute shall not exempt Customer from timely paying any undisputed amounts. Other than as stated in this Agreement, fees paid are non- refundable.

4. PROFESSIONAL SERVICES

A. Performance
a. Vonage will provide and Customer shall pay for Professional Services (set up/installation Charges) as applicable and as specified in the Sales Order(s) and/or SOW using trained and qualified personnel, who will provide such Professional Services in a professional and workmanlike manner.
b. Customer’s exclusive remedy for breach of the foregoing shall be the re-performance of such Professional Services, except where Vonage is unable to re- perform the Professional Services, in whic h case, Customer may recover fees paid with respect to such deficient Professional Services by written claim no later than ninety days after the claimed deficient performance.

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c. Professional Services are available either on a time- and-materials or fixed-fee basis (as determined by Vonage) as described in the relevant Sales Order and/or SOW. Professional Service Fees may be subject to change if Customer modifies the scope of the Services or delays the Services to be installed. d. A change to the scope or execution of the Professional Services shall be agreed via Change Order prior to implementation of the changes. The Change Order shall set out the proposed changes and the likely effect on the Professional Services and/or the Professional Service Charges.
e. Upon completion of the Professional Services, if the Customer uses the Subscription Services or part thereof for any purpose other than for testing, such use shall constitute Acceptance of the Subscription Services.
f. Vonage may subcontract the performance of, or Customer may utilize a third- party to perform any or all of the Professional Services. Any subcontract by Vonage shall not affect Vonage’s liability to the Customer for the performance of its contractual obligations, and Customer shall be solely responsible for any Professional Services performed by Customer’s third-party.

B. Scheduling
The Parties will mutually agree upon the scheduling of Professional Services ordered by the Customer. Vonage shall use all reasonable efforts to meet the agreed-upon schedule.

In the event Customer reschedules or cancels scheduled Professional Services, Vonage shall make reasonable efforts to mitigate incurred expenses and reschedule its resources to other engagements; provided that, to the extent Vonage cannot reasonably avoid such expenses or reschedule the applicable resources, Customer shall be responsible for such losses. In addition, in the event Customer reschedules the Professional Services and the rescheduling is not due to delays caused by Vonage, the Subscription Service Term Start Date will commence on the date stated in the Sales Order unless otherwise agreed by the Parties in writing.

C. Cooperation
Customer shall cooperate reasonably, timely, and in good faith with Vonage (including its subcontractors and personnel) in its performance of Professional Services, including by providing to Vonage in a timely manner and without charge (a) support as reasonably requested by Vonage; (b) information regarding health and safety rules and regulations and any other reasonable security requirements that apply at the applicable service location; (c) physical space, equipment, telephone and internet access, and acc ess to other facilities; (d) access to appropriate and knowledgeable personnel; and (e) as DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
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applicable, permissions, consents, or authorizations reasonably necessary to activate, maintain, inspect, or repair applicable Services or Vonage Equipment, including (if applicable) the right to access and enter the applicable service location upon reasonable prior notice.

D. Special Install Costs
Vonage may charge, and Customer shall pay, all recurring and nonrecurring costs, Charges and expenses incurred by Vonage for Customer’s benefit in connection with non- standard installation, delivery or implementation of the Services (collectively, the “Special Install Costs”). For clarification and by way of example, standard installation does not include (and the follow ing may comprise a portion of any Special Install Costs) core drilling, wiring extensions for excessive distances, installation of new conduit runs, installation of water proof shielding, installation of aerial circuit runs, or removal of hazard materials, as determined by Vonage Business at its sole discretion, as well as after-hours installation of Services (“Non -Standard Installation”). Non- Standard Installation will be purchased by Customer as an additional Service. Non- Standard Installation is the installation of Services Monday to Friday between 5pm to 8am (local time), any time on Saturday and/or Sunday, and holidays. Non- Standard Installation will include appointment coordination, the provisioning of the Service, basic external wiring, call tests, and remote Vonage technical support as needed. Special Install Costs will be invoiced to Customer as soon as practicable following the Subscription Service Term Start Date for the applicable Services.

E. Telephone Number Porting
Vonage’s policies and procedures for telephone number porting is set forth here.

5. FREE TRIAL SERVICES; BETA SERVICES
A. Free Trial Services
If Customer’s Sales Order or registration with Vonage includes a free trial (“Free Services”), then the applicable Services will be made available to Customer until (i) the end of the free trial period; (ii) the Subscription Service Term Start Date for Free Services, or (iii) the ter mination of Free Services for cause by Vonage, whichever is earlier. Any additional terms upon which the Free Services are provided as part of the trial registration process, are incorporated herein. Use of Free Services is subject to the terms and conditions of this Agreement. Customer agrees that Vonage, in its sole discretion and for DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
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any or no reason, may terminate Customer’s access to the Free Services or any part thereof.

B. Beta Services
Certain Services or Software may be designated or offered as a beta version ("Beta Version") of a Service or Software, which may or may not be released as a full commercial service in the future. Customer may choose to try such Beta Services or not in its sole discretion. Any use of Beta Services is subject to this Agreement. Customer agrees that Beta Versions may contain errors. The fact and existence of any Beta Version shall be deemed to be Vonage Confidential Information under this Agreement.

NOTWITHSTANDING SECTION 11 (INDEMNIFICATION), VONAGE SHALL HAVE NO LIABILITY NOR INDEMNIFICATION OBLIGATIONS OF ANY KIND; WHERE LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW, VONAGE’S LIABILITY IS LIMITED TO $500.00 USD. CUSTOMER WILL BE FULLY LIABLE FOR CUSTOMER’S USE OF

SERVICES DURING ANY FREE TRIAL OR BETA SERVICE PERI OD, ITS INDEMNIFICATION OBLIGATIONS AND ANY BREACH OF THIS AGREEMENT.

6. TECHNICAL REQUIREMENTS; EQUIPMENT
a. It is Customer’s sole responsibility to ensure that it meets the minimum hardware, Software, connectivity, and other technical requirements for accessing the Subscription Services. Vonage’s minimum technical prerequisites are available upon request. b. Customer understands, acknowledges, and agrees that: (i) Customer must have a high-quality high-speed internet connection to use the Services; and (ii) Vonage is not providing an internet connection for Customer. Vonage does not control and is not responsible for: (a) Customer's internet connection; (b) the quality of Customer's internet connection; (c) any third party products and/or services rela ted to Customer's internet connection; or (d) problems with the Services that are caused by or related to Customer's internet connection. Vonage will not contact any of the internet providers and/or service or product providers on Customer's behalf.
c. Customer understands and acknowledges that use of the Services may require the use of certain Customer Equipment, Vonage Equipment, and/or Third- Party Equipment.

Vonage’s Equipment Policy is set forth here and shall apply to all equipment used, purchased or leased in connection with the Services.

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7. SUPPLEMENTAL TERMS; POLICIES; APPS MARKETPLACE
a. These Service Terms incorporate applicable Supplemental Terms set forth here, which shall apply to the specific Third- Party Services purchased by Customer, if any. Certain Subscription Services may be subject to other thir d-party terms which shall be made available to Customer prior to the purchase of such Third- Party Services, and shall supersede any conflicting terms with respect to such Subscription Services. b. These Service Terms also incorporate all additional terms, conditions and policies that are set forth in an addendum, schedule or exhibit, as well set forth in the Legal Policy Center here under the heading “Unified Communicat ions – VBC” (collectively, the “Additional Terms”), and supersede and replace all terms and conditions set forth in any documents issued by Customer, including purchase orders and specifications not agreed to in writing by the Parties.
c. Vonage may update or replace the AUP, Privacy Policy, Copyright Policy, Telephone Number Porting Policy and Emergency Services Acknowledgement (“Policies”) from time to time (a “Policy Change”), and will provide notice to Customer either via email to the address on file, or through Customer’s invoice. If such Policy Change is (a) applicable to Customer, and (b) materially and detrimentally impacts the Services, upon receipt of notice, Customer will have thirty days to notify Vonage that such changes are materially and adversely impacting, stating specifically which changes are impactful. The Parties will then a ttempt to reach a mutually agreeable workaround agreement. If agreement cannot be reached, Vonage may either waive or modify the requirement to Customer's reasonable satisfaction. If Vonage does neither, then Customer can either, within thirty days following Vonage’s notice of its refusal to waive or modify the requirement, accept the Policy Change or terminate those Services affected without termination liability, without the right to continue to use those Services thereafter. Notwithstanding the foregoing, Customer’s right to object or terminate shall not apply to Policy Changes required by applicable law, regulation or governmental authority, or to changes required to protect the security and operability of Vonage, the Services, Vonage’s other customers. d. Vonage offers third party products and services on its App Marketplace (“Third- Party Apps”). When Customer subscribes to use such Third-Party Apps, Customer shall agree separately to the required terms of use or service with such Third -Party App provider (“App Terms”), in addition to these Service Terms. Vonage is responsible for the billing and collection of amounts owed to such third- party provider and to tax and regulatory authorities, and will charge Customer’s method of payment. Charges for these services will appear on Customer’s monthly Vonage invoice. Vonage will also handle all billing questions. Customer acknowledges that Vonage is not responsible for support or technical assistance with respect to any Third-Party App and that Customer’s use of the App itself is subject to the App Terms; Customer shall direct its App questions and support requests directly to the provider of the Third -Party App at the contact email address or number set forth on the Marketplace and/or in the App Terms. However, C ustomer may only modify or terminate Third- Party Apps or related accounts through the App Marketplace in order to modify or terminate billing for such Third- Party Apps. Failure to DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
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do so through the App Marketplace will not modify or terminate billing, for which Customer is liable. Customer is solely responsible for its use of the Third -Party App, and will indemnify Vonage and its Affiliates against any and all claims arising from Customer’s misuse of the Third-Party App or its breach of the App Terms. e. Vonage may enter into marketing arrangements with marketing partners (each a "Marketing Partner") or resale/distribution agreements with authorized distributors (each an "Authorized Distributor") who market Vonage Services to prospective customers who then subscribe to these Service Terms. When these Service Terms are accepted by a Customer, the Customer is considered a customer of Vonage only with respect to Vonage Services. As an example, if the distributor of internet services also markets Vonage- branded s olutions and a Customer subscribes to both internet services and Vonage Services with Vonage under these Service Terms, the customer is considered, with respect to Vonage Services, only a customer of Vonage. The terms, conditions and policies pursuant to a Marketing Partner or Authorized Distributor's contractual arrangement with Customer for other products and services may differ from these Terms of Service, Privacy Policy and other policies applied by Vonage to similarly situated customers, but such Marketing Partner's or Authorized Distributor's terms, conditions and policies will not apply to Vonage Services, nor supersede these Service Terms as applicable to Vonage Services.

8. INTELLECTUAL PROPERTY; CUSTOMER DATA AND DATA DELETION A. Customer Data.

As between Customer and Vonage, Customer owns and reserves all right, title, and interest in Customer Data. Customer authorizes Vonage to use the Customer Data to provide the Services and perform in accordance with the Agreement.

B. Retention and Deletion of Call Recordings and Voicemails.

Except as agreed by Vonage and Customer in writing, Vonage shall delete Call Recordings and Voicemails as follows:
a. if CX Contact Center Services, in accordance with data storage terms set forth in the CX Service Description set forth here;
b. if VBC Servic es, call recordings are retained until Customer deletes the data, or the Service(s) are cancelled, or until Customer utilizes all allotted storage space. Customer may download the data at any time prior to cancellation or termination of Service(s).

Voicemail messages are retained for 90 days from the date the message was recorded and 7 days after cancellation or termination of the Service(s).

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c. Following the stated retention periods, the VBC Call Recordings and Voicemails are purged.

C. Suggestions.

Customer’s suggested improvements to and feedback regarding the Services are not Confidential Information, and Customer grants to Vonage an unrestricted, irrevocable, fully paid -up, and non -exclusive right to use such suggestions and feedback for any purpose.

D. Vonage Services and Vonage Content.

Vonage owns and reserves all right, title and interest in and to the Services and all improvements, modifications, and derivative works thereof. Other than the Customer Data, all Vonage Content is as between Cus tomer and Vonage owned by Vonage.

Customer shall not (and shall not allow third parties to) (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of Vonage Content, except to the limited extent applicable laws specifically prohibit such reverse- engineering restrictions; or (ii) alter, modify, translate, or otherwise create derivative works of any part of the Vonage Content, except as may be authorized by specific licensing terms accompanying certain Software.

E. Other Rights.

Except as explicitly granted herein, neither Party is granted a license or other right (express, implied, or otherwise) to use any trademarks, copyrights, service marks, logos, trade names, patents, trade secrets, or other intellectual property of the other Party or its Affiliates without the express prior written authorization of the other Party.

F. Restrictions.

The Services may contain Vonage Content provided by Vonage, Vonage’s partners and customers, or other third parties, that are subject to and protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.

Customer shall abide by and maintain all copyright notices, information, and restrict ions contained in any Vonage Content accessed through the Services.

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9. CONFIDENTIALITY AND DATA PROTECTION
A. Confidential Information
“Confidential Information” means any non- public information or data, regardless of whether it is in tangible form, disclosed by either Party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure, including the material terms of this Agreement. The terms of the Agreement are the Confidential Information of both Parties. Neither Party may identify the other Party using its name, trademarks, and/or logos in marketing collateral, press releases, presentations, w ebsites, and/or case studies without the other Party’s written consent. Confidential Information does not include any information which: (i) is publicly available through no fault of receiving Party, (ii) was properly known to receiving Party, without restriction, prior to disclosure by the disclosing Party, (iii) was properly disclosed to receiving Party, without restriction, by another person without violation of disclosing Party’s rights, or (iv) is independently developed by the receiving Party without use of or reference to the disclosing Party’s Confidential Information.

B. Restrictions
Each Party agrees that it will use the Confidential Information of the other Party solely in accordance with the provisions of the Agreement (and for Vonage to provide the Services) and it will not disclose such Confidential Information to any third party without the other Party’s prior written consent, except as otherwise permitted hereunder or for Vonage to provide the Services or make other uses and disclosures identified in Vonage’s Privacy Policy. Each Party agrees to exercise due care in protecting the other Party’s Confidential Information from unauthorized use and disclosure. Each Party may also disclose the Confidential Information of the other Party to its e mployees, representatives, actual or potential investors, and subcontractors who have a need to know and are bound to keep such information confidential consistent with the terms of this section. In addition, Vonage may disclose the Agreement under a comparable non-disclosure agreement in response to a third- party due diligence request supporting a financing or non- ordinary course of business corporate transaction. Either Party may disclose the Confidential Information of the other as required by law, legal process, or court order; provided that, subject to applicable law, it promptly notifies the other Party of such required disclosure in order to allow the other Party to seek a protective order or other appropriate remedy.

C. Data Security
Vonage agrees to use commercially reasonable efforts to safeguard the security of Customer Data it handles, stores, processes, or transmits within its reasonable span of DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
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control in accordance with applicable law. If Vonage discovers or i s notified of a breach of security relating to Customer Data, Vonage shall promptly (a) notify Customer of such breach; and (b) if the applicable Customer Data was within the reasonable span of control of Vonage at the time of such breach, Vonage shall: (i ) use commercially reasonable efforts to mitigate the effects of the breach; and (ii) take commercially reasonable steps to institute safeguards that are designed to prevent or attempt to prevent the recurrence of such breach.

D. Personal Data
Processing of personal data by Vonage on behalf of Customer shall be subject to the terms of the Vonage Data Processing Addendum (“DPA”), which is automatically incorporated into the Agreement by this reference.

10. WARRANTIES AND DISCLAIMERS.

A. Vonage Warranty
Vonage will provide the Services using a commercially reasonable level of skill and care, in material compliance with all applicable laws and otherwise subject to the terms of this Agreement. To the extent permitted by law, Vonage shall pass through to Customer any and all warranties Vonage receives in connection with equipment provided to Customer.

The Services will be provided substantially in accordance with the applicabl e Service Level Agreement. Customer’s exclusive remedy and Vonage’s entire liability for a breach of this Section are set forth in the applicable Service Level Agreement and Section 13 (Termination).

B. Customer Warranty
Customer and its Authorized Users’ use of the Services must at all times comply with all applicable laws and this Agreement.

C. Assumption of Risk
Vonage has no special relationship with or fiduciary duty to Customer. Notwithstanding anything to the contrary herein, Vonage shall have no liability for acts, faults, or omissions of any third party telecommunications systems, networks, or operators (including, without DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
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limitation, suspension or termination of Vonage’s connections, or faults in or failures of such apparatus or network).

D. Disclaimer of Warranties

EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, SALES ORDER, OR

APPLICABLE SERVICE LEVEL AGREEMENT, TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, THE SERVICES AND VONAGE CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

WARRANTIES OF TITLE, NON -INFRINGEMENT, MERCHANTABILITY, QUALITY (E.G., AS TO LATENCY AND THROUGHPUT), AND FITNESS FOR A PARTICULAR

PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. VONAGE, AND VONAGE’S SUPPLIERS, PARTNERS, AND LICENSORS, AND EACH OF VONAGE’S AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND

AGENTS, DO NOT WARRANT (AND HE REBY EXPRESSLY DISCLAIM ALL WARRANTIES) THAT: (I) THE SERVICES (OR ANY MOBILE OPERATORS) WILL BE

SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY

DEFECTS OR ERRORS WILL BE CORRECTED, (III) THE CONTENT ON THE

VONAGE WEBSITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES

LINKED THERETO) IS ACCURATE, ERROR- FREE, OR COMPLETE, OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS.

VONAGE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME

RESPONSIBILITY FOR ANY CONTENT OF, COMMUNICATION BY, OR PRODUCT OR

SERVICE ADVERTISED OR OFFERED BY, A THIRD PARTY THROUGH THE

SERVICES, AND VONAGE WILL NOT BE A PARTY TO OR IN ANY WAY BE

RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN CUSTOMER AND THIRD PARTIES. EXCEPT AS OTHERWISE AGREE D IN A BUSINESS

ASSOCIATE AGREEMENT SIGNED BY VONAGE, VONAGE MAKES NO

REPRESENTATION OR WARRANTY THAT THE SERVICES OR THEIR USE WILL

COMPLY WITH HIPAA OR WILL RENDER ANY PARTY COMPLIANT WITH HIPAA,

AND IS RELEASED FROM ANY LIABILITY FOR ITS ACTS OR OMISSIONS RELATING TO HIPAA.

11. INDEMNIFICATION
A. By Customer
Customer agrees to defend, indemnify, and hold harmless Vonage, its Affiliates, and each of their respective employees, licensors, contractors, directors, officers and representatives, from and against any damages, liabilities, claims, demands, obligations, DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
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losses, fines, penalties, and expenses (including reasonable attorney’s fees) (collectively, “Losses”) incurred in connection with claims made or brought by a third party arising from or relating to: (i) use of the Services in a manner not authorized by this Agreement, including violations of the AUP or applicable law, by Customer, its Affiliates, or its or their Authorized Users, employees, agents, or subcontractors; (ii) claims relating to Customer Data; or (iii) gross negligence, fraud or willful misconduct of Customer, its Affiliates, or its or their employees, agents or subcontractors.

B. By Vonage
Vonage agrees to defend, indemnify and hold harmless Customer from and against any Losses incurred in connection with claims made or brought by a third party arising from or relating to (i) infringement of third-party Intellectual Property Rights due to Customer’s authorized use of the Services (other than Customer Data); or (ii) gross negligence, fraud or willful misconduct of Vonage or its employees, agents, or subcontractors.

Notwithstanding any of the foregoing, Vonage shall have no liability for Losses arising out of (x) any combination, operation, or use of the Services with any hardware, software, or services not provided by Vonage, except to the extent such combination, operation, or use is necessary for the use of the Services; or (y) use of any sample or reference code made available by Vonage or any third party, via the Vonage Website or otherwise.

C. Procedure
The indemnified Party shall notify indemnitor promptly after the indemnified Party learns of the existence of an indemnifiable claim hereunder; provided, however, that failure to give such notice shall only affect the rights of the indemnified Party to the extent that indemnitor is prejudiced. The indemnified Party shall not admit any liability whatsoever.

The indemnitor shall be entitled to take sole control of the defense and investigation of the indemnifiable claim at its own expense, by providing prompt written notice to the indemnified Party. The indemnified Party shall cooperate in all reasonable respects with the indemnitor and its attorneys in the defense of the claim (including by making available books, records, and personnel), and may reasonably p articipate at its own expense, through its attorneys or otherwise, provided that such participation does not interfere with the indemnitor’s defense. All settlements of indemnifiable claims under this Section shall:
(i) be entered into only with the indemnified Party’s consent if such settlement requires any admission of guilt or imposes any restriction or obligation on the indemnified Party; and (ii) include an appropriate confidentiality agreement prohibiting disclosure of the terms of such settlement.

12. LIMITATION OF LIABILITY
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A. Exclusions

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR VONAGE’S SUPPLIERS, LICENSORS, PARENT, SUBSIDIARY,

AFFILIATE, CONTENT PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE

DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE UNDER ANY

CONTRACT, TORT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER

LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES OR OTHER SUBJECT MATTER OF THIS AGREEMENT FOR: (I) ANY SPECIAL, INDIRECT,

INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL D AMAGES OF

ANY KIND WHATSOEVER, LOST PROFITS, GOODWILL, REVENUE, INCOME OR

BUSINESS, DATA LOSS, INTERRUPTION OF BUSINESS, OR COST OF

PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, RIGHTS, OR SERVICES (HOWEVER ARISING AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES);

B. Direct Damages; Limitations
a. VONAGE'S AGGREGATE LIABILITY FOR ALL DAMAGES ARISING OUT OF OR

RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR

OTHERWISE, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNTS PAID OR ARE PAYABLE TO VONAGE UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH

PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO A CLAIM SUBJECT TO THIS SECTION. THE PARTIES ACKNOWLEDGE AND ACCEPT THE

REASONABLENESS OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION.
b. NOTWITHSTANDING THE PROVISIONS IN THIS SECTION, NOTHING IN THIS

AGREEMENT SHALL LIMIT FINANCIAL LIABILITY IN RESPECT OF THE CUSTOMER’S PAYMENT OBLIGATIONS, EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, OR EITHER PARTY’S LIABILITY FOR DEATH, BODILY I NJURY, OR

DAMAGE TO TANGIBLE PERSONAL PROPERTY, OR ANY OTHER ACT OR

OMISSION FOR WHICH LIABILITY SHALL NOT BE LIMITED UNDER APPLICABLE LAW.

13. TERM AND TERMINATION
A. Term
This Agreement shall be effective beginning on the Effective Date and continue for so long as Services are being provided to Customer.

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B. Termination
Either Party may terminate the Agreement for cause: (i) if the other Party is in material breach of the Agreement and has failed to cure such breach within thirty days after written notice thereof, or (ii) upon the other Party’s liquidation, commencement of dissolution proceedings, disposal of substantially all assets, failure to continue its business in the ordinary course, assignment for the benefit of creditors, or becoming the subj ect of a voluntary or involuntary bankruptcy or similar proceeding.

C. Effect of Termination and Survival
Upon termination of the Agreement, and without limiting any of Vonage’s other remedies hereunder: (i) Customer remains liable for all Charges and any other obligations accrued and owed by Customer through the effective date of such termination, and (ii) except in the case of termination owing to Vonage breach, Customer remains liable for all Charges and any other obligations accrued and owed by Custom er from the date of termination through the end of the contracted Service Term, and (iii) except as expressly set forth herein, all of Customer’s rights and licenses under the Agreement will immediately terminate and Customer shall cease using the Services. All amounts accrued or owed to Vonage in connection with the Agreement, and any other provisions which by their nature would reasonably survive, shall survive any termination of the Agreement. Following any suspension or termination of the Agreement or Customer’s Account other than for breach, Customer may request any post -termination assistance that Vonage may elect to make generally available with respect to the Services, subject to and conditioned upon Customer’s advance payment of any applicable fees and acceptance of all terms and conditions that Vonage specifies in writing with respect thereto.

14. NOTICES
a. Vonage shall send notices hereunder via email to the email address Customer provides in its Account. It is Customer’s responsibility to keep its email address current, and Customer will be deemed to have received any email sent to the last known email address Vonage has on record for Customer.
b. Customer shall send notices hereunder as follows:
i. Formal Legal Notices - via email to [email protected]. ii. Billing Disputes - via email to [email protected].

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iii. Cancellation/Non-Renewal of Services - by contacting Vonage Customer Care, or Customer’s account manager via email..
c. The addresses to which notices may be given by either Party may be changed upon written notice given to the other Party pursuant to this Section (Notices) or by Customer via the Customer portal.

15. EMERGENCY SERVICES

BY USING THE SERVICE AND/OR VONAGE EQUIPMENT, CUSTOMER
ACKNOWLEDGES THE LIMITATIONS OF VONAGE’S EMERGENCY SERVICE AS

DESCRIBED IN ITS EMERGENCY SERVICES POLICY, AS WELL AS THOSE SET FORTH IN THIS SECTION. CUSTOMER AGREES AND ACKNOWLEDGES THAT

WHILE MOST VONAGE SERVICES OFFER ACCESS TO APPLICABLE EMERGENCY SERVICES, OTHERS MAY NOT. CUSTOMER IS ADVISED TO THOROUGHLY READ

AND UNDERSTAND THE APPLI CABLE EMERGENCY SERVICES
ACKNOWLEDGEMENT AND THE OPTIONS AVAILABLE. CUSTOMER

ACKNOWLEDGES THAT IT ASSUMES THE RISKS ASSOCIATED WITH THE

EMERGENCY SERVICE LIMITATIONS AS SET FORTH IN THE EMERGENCY SERVICES DISCLOSURE NOTICE AND ACKNOWLEDGMENT.

16. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the country indicated on Schedule 2 based on Customer’s domicile, in any case without reference to conflicts of law rules, and jurisdiction and venue for all claims shall be held in accordance with Schedule 2. The United Nations Convention on Contracts for the International Sale of Goods shall be inapplicable hereto.

17. ARBITRATION AND DISPUTE RESOLUTION
A. Management Resolution
In the event either Party has a dispute or claim against the other Party, the disputing Party shall provide written notice to the other Party per Section 14 (Notices). The Parties agree to escalate disputes (other than invoice disputes) to their respective management, who will use commercially reasonable efforts to resolve the dispute by consulting with each other in good faith to reach an equitable resolution satisfactory to both parties within thirty days of the receipt of notice. Neither Party shall purs ue or commence proceedings DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
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regarding the dispute in any court, administrative arbitral, or other adjudicative body prior to engaging in such consultations and negotiations.

B. Binding Arbitration
If negotiations fail to resolve the dispute within thirty days, and/or small claims court is not a valid option due to the size or nature of the claim, all disputed claims (except for claims relating to Intellectual Property Rights, indemnity, or confidentiality obligations, fraudulent or unauthorized use, theft, or piracy of service, or matters relating to injunctions or other equitable relief) must be resolved by binding arbitration before a single arbitrator, in the English language. This agreement to arbitrate is intended to be given the broadest possible meaning under applicable law. The initiation of an arbitration dispute shall not otherwise prevent Vonage or Customer from terminating Services in accordance with the Agreement.

C. Location and Procedure
A Party who intends to seek arbitration must first send to the other Party a written notice of dispute per Section 14 (Notices), which must describe the nature and basis of the dispute and set forth the specific relief sought. The arbitration location and arbitration organization will be according to the terms of Schedule 2, based on the principal business location of Customer. The amount of any settlement offer made by Customer or Vonage shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Customer or Vonage is entitled. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. The prevailing Party in any action or proceeding to enforce this Agreement shall be entitled to recover its reasonable attorneys’ fees and costs.

D. Jury Trial and Class Action Waiver
Subject to applicable law, each Party waives its right to a trial by jury for claims subject to arbitration hereunder. The arbitrator may award relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party's individual claim. The arbitrator may not award special, indirect, punitive, incidental or consequential damages. CUSTOMER MAY BRING CLAIMS AGAINST VONAGE ONLY IN CUSTOMER’S INDIVIDUAL CAPACITY AND NOT AS A CLAIMANT / PLAINTIFF,

CLASS MEMBER OR GROUP ACTION IN ANY PU RPORTED CLASS OR GROUP

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WAIVES ITS RIGHT TO BRING A CLASS OR GROUP ACTION SUIT. The arbitrator may not consolidate more than one person's or entity's claims and may not otherwise preside over any form of a representative or class proceeding.

E. Equitable Relief
Notwithstanding the foregoing, each Party shall be entitled to enforce its Intellectual Property Rights and seek equitable relief in any court of competent jurisdiction at any time.

18. MISCELLANEOUS
A. Entire Agreement; Headings
This Agreement constitutes the entire agreement between Customer and Vonage with respect to the Services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electr onic) between the Parties with respect thereto. The section and paragraph headings in the Agreement are for convenience of reference only and shall not affect their interpretation. No oral or written information or advice given by Vonage or its employees and other representatives will create any obligations or warranty on behalf of Vonage unless otherwise agreed in a writing signed by an authorized Vonage representative. Any purchase orders, confirmations, payment documentation, or other terms provided by Customer, even if signed by the Parties after the date hereof, shall have no force or effect. In the event that the Parties have executed versions of the Agreement drafted in more than one language, the English language version shall govern and prevail. Cus tomer represents that Vonage has made no commitments or promises orally or in writing with respect to delivery of any future features or functions. In relation to any future features or functions, all presentations, RFP responses, and/or product roadmap documents, information or discussions are informational only and are not the basis for, nor part of this Agreement or any Sales Order.

B. Modifications and Waivers
Except as expressly provided elsewhere in the Agreement, the Agreement may not be changed or modified, nor may any provisions hereof be waived, nor may any consent or confirmation be considered to have been given, except by an agreement in writing signed by the Party against whom enforcement of the change or modification is asserted, and any such modification, change, waiver, consent, or confirmation on Vonage’s behalf may only be given by an authorized signatory of Vonage. The failure of either Party to exercise DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
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in any respect any right provided for herein shall not be deemed a waiver of any ot her rights hereunder.

C. Severability
If any provision of the Agreement, or any part thereof, is found to be unenforceable or invalid, that provision will be (to the minimum extent necessary) replaced by a valid and enforceable provision the effect of which comes as close as possible to the intended economic effect of the unenforceable or invalid provision, so that the Agreement will otherwise remain in full force and effect.

D. Force Majeure
Neither Party is liable for any failure of performance (other than for delay or performance in the payment of money due and payable hereunder) to the extent such failure is due to any cause or causes beyond such Party’s reasonable control, including acts of God, fire, explosion, vandalism, adverse weather conditions, governmental action, acts of terrorism, strikes and similar labor difficulties, war, pandemic, sabotage, or denial of service attacks.

Neither Party’s invocation of this clause will relieve Customer of its obligation to pay for any Services actually provided or permit Customer to terminate an y Services except as expressly provided herein. The affected Party shall make all reasonable efforts to mitigate the effects of the force majeure event on the performance of its obligations under this Agreement.

E. Relationship of the Parties; No Third-Party Beneficiaries The relationship of the Parties shall not be that of partners, agents, or joint venturers for one another, and nothing contained in the Agreement shall be deemed to constitute a partnership or agency agreement between the Parties for any purpose. Vonage and Customer are independent contractors and shall discharge their contractual obligations at their own risk subject to the terms of the Agreement. Except as explicitly stated herein, nothing in the Agreement shall confer upon any third parties any rights, benefits, or remedies.

F. Assignment
This Agreement inures to and is binding upon the Parties’ successors and permitted assignees. Neither Party shall assign the Agreement without the other Party’s prior written DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
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consent, not to be unreasonably conditioned, withheld or delayed; provided that such assigning Party may, without consent, but with reasonable prior written notice, assign its rights and obligations hereunder to any parent, affiliate, or subsidiary of such assigning Party o r pursuant to any merger, acquisition, reorganization, sale or transfer of all or substantially all its assets; provided, further, that with respect to an assignment by Customer, (i) the successor shall not provide services that compete with Vonage; (ii) the successor must be at least as creditworthy as Customer, as reasonably determined by Vonage; (iii) the successor shall agree in advance and in writing to assume and be bound by all provisions of the Agreement, and shall deliver to Vonage upon request ful ly- executed documents reasonably acceptable to Vonage establishing the terms of such an assignment; (iv) such assignment may not constitute or result in a violation of applicable trade control, export, or other law; and (v) Customer shall remain liable for all of Customer’s obligations that accrued prior to such assignment. Any assignment by a Party other than as permitted by this section shall be void and of no force or effect.

G. Trade Compliance
By using the Services, Customer represents and warrants that (i) its use of the Services will not violate any embargoes, sanctions, trade restrictions, or similar restrictions issued by any applicable governmental entity; and (ii) Customer, its Affiliates, and its Authorized Users have not been designated by any applicable government or any government agency as a prohibited or restricted party under any trade restrictions, export laws, or the like. Customer shall not use the Vonage Website or Services for any purpose prohibited by applicable law, including the development, design, manufacture, or production of missiles, or nuclear, chemical or biological weapons. Customer may not use, export, re- export, import, or transfer any technology or data related to the Services except as authorized by the Agreement and all applicable laws, rules, and regulations.

H. Government Terms
If Customer is an agency, department or other entity of any government, then any use, modification, duplication, reproduction, release, performance, display, transfer, or disclosure of the Services and accompanying documentation shall be governed solely by this Agreement. Any other use shall be prohibited and no other rights are granted.

I. Authority and Execution
Each Party represents that (i) it has full authority to enter into and per form under this Agreement; (ii) the person accepting the Sales Order(s) and any other applicable documents on its behalf is properly authorized; and (iii) it has read the Agreement, DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
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understands it, and agrees to be bound by all of its terms, conditions, and provisions. This Agreement shall become effective upon Acceptance of a Sales Order. Electronic Acceptance of Sales Orders and any other applicable documents, and the incorporation by reference of this Agreement into all applicable documents shall be deem ed valid, binding and enforceable by and against both Parties.

J. Basis of Bargain; Failure of Essential Purpose
Customer acknowledges and agrees that Vonage has established its prices and entered into this Agreement in reliance upon the limitations a nd exclusions of liability and the warranty disclaimers set forth in this Agreement, and that they are an essential basis of the bargain between the parties and are material terms of this Agreement. The Parties agree that the limitations and exclusions of liability and warranty disclaimers specified in this Agreement will survive and apply even if found to have failed their essential purpose, and Customer hereby waives its right to contest the enforceability of any provision of this Agreement by reason of such failure.

K. Export Compliance
The Services and any derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on the United States’ government denied- party list . Additionally, the Customer shall not permit its Authorized Users to access or use the Services while located in a United States embargoed country (currently Cuba, Iran, North Korea, Sudan, Syria or Crimea) or in violation of any United States’ export law or regulation.

L. Order of Precedence
In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (a) the DPA and BAA (if applicable); (b) the Sales Order; (c) Product- Specific Terms (where relevant); (d) the Service Descriptions and Service Level Agreement (if applicable); (e) this Agreement; (f) the Statement of Work (if applicable).

M. Choice of Language
Each Party hereby confirms its express wish that this Agreement and all related documents be prepared in the English language only.

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N. Survival
Survival. The terms and conditions of this Agreement will survive the expiration or other termination of this Agreement to the fullest extent necessary for their enforcement and for the realization of the benefit thereof by the Party in whose favor they operate.

SCHEDULE 1
Definitions

“Acceptance” of an Sales Order (or “Accepts” or “Accepted”) shall mean (a) with respect to the Customer: (i) clicking a box indicating acceptance; (ii) executing a Sales Order, amendment or Change Order, (ii i) using Vonage’s online portal to order Services; (iv) conveying Sales Ordering instructions to Vonage followed by implementation of such Sales Order instructions; (v) using free or N/C Services; and (b) as to Vonage, the written or electronic confirmation of its acceptance of an Sales Order. “Account” means the numbered account established with Vonage and associated with Customer and the Services provided to Customer under this Agreement. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“Agreement” means a Sales Order, this Agreement, and all applicable documents incorporated by reference and/or mutually Accepted by the Parties, which shall collectively form a legally binding agreement.
“AUP” means the Acceptable Use Policy accessible here.
“Authorized User” means the authorized individual accepting this Agreement on behalf of Customer, and to whom Vonage has supplied a user identification and password.

Authorized Users may include, for example, employees, consultants, contractors and DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
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agents of Customer and its Affiliates, and third parties with which Customer authorizes to access Customer’s Account and use the Services.
“Change Order” means any mutually agreed change to a SOW affected by a Change Order form, signed by the Customer and Vonage detailing the relevant change. “Charges” or “Subscription Charges” means the charges and fees payable under this Agreement.
“Customer” means the customer identified in the Sales Order. “Customer Data” means all data, information or material submitted by the Customer or the persons to whom the Customer Data relates, or Authorized Users to the Subscription Services, in connection with Customer’s use of the Services. “Customer Equipment ” means any equipment, software, software data storage, systems, cabling or facilities provided by the Customer and used directly or indirectly with the Services.
“Customer Location” means the physical location(s) where the Services are provided. “Effective Date” means the date of acceptance or execution of the applicable Sales Order.
“Initial Term” means the initial term of the Subscription Services as stated on a Sales Order.
“Intellectual Property Rights ” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get -up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world. “Marketplace” means an online exchange, catalogue or mark etplace of applications, sponsored or operated by Vonage, that interoperate with the Services. “Other Data” means information obtained by Vonage from publicly available sources or its third-party content providers and made available to Customer through the Services, Beta Services or pursuant to a Sales Order.
“Payment Terms” means the period of time Customer is required to remit payment for an invoice in full, without deduction or set-off, as stated in the Sales Order.

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“Professional Services” means the set -up, installation, configuration and other professional services identified in a Sales Order (and more fully described in an applicable SOW) that are to be provided by Vonage in connection with the Subscription Services. “Professional Service Fees” means the fees for the Professional Services as set out in the Sales Order.
“Renewal Term” means the period immediately following expiration of the Initial Term which is the same duration as the Initial Term except as otherwise set forth in the Sales Order or amendment.
“Sales Order” means the Vonage Services ordering document, electronic or paper format, (together with any schedules), accepted by Customer and Vonage detailing the specific products and Services purchased by the Customer. By entering into a Sales Order Customer agrees to be bound by the terms of this Agreement. “Service Description ” means individually or collectively the documentation that describes the Subscription Services.
“Services” or “Subscription Services” means all products, software and ser vices provided under this Agreement (including Vonage Equipment) that are ordered by Customer, which are provided on a recurring or subscription basis, and for which the Customer pays one or more Charges, and that are provided by Vonage as detailed on the Sales Order. Services exclude non-Vonage products and services and Other Data. “Shipping and Handling” means any fees and costs payable by Customer to Vonage in connection with packaging, shipping, or processing Vonage Equipment or purchased equipment to a Customer Service location.
"Software" means proprietary software (including documentation relating to such software) owned or licensed by Vonage, or which Vonage has a right to sublicense under this Agreement, which software is either provided to Custom er under this Agreement or is used by Customer in connection with the Services.
“Statement of Work” or “SOW” means the document signed by Parties which describes the Professional Services to be provided.
“Subscription Services Invoicing Frequency” means the intervals at which Vonage will deliver its invoices for Subscription Charges as detailed on the Sales Order. “Subscription Term” means the term of the Subscription Services and shall include the Initial Term together with any Renewal Term. The term of Subscription Services shall be as specified in the applicable Sales Order.
“Subscription Service Term Start Date” means the date that the Account is created, Customer has platform access, the subscription licenses are first made available DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
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(activated), and the Subscription Term and payment obligation for the Subscription Services commences.
“Taxes and Fees” means those country, province, federal, state, or local taxes, including without limitation, use, sales, value- added, privilege, or other taxes, levies, im ports, duties, fees, surcharges, governmental assessments, and withholdings assessed against Customer or the Subscription Services, equipment purchases and Professional Services.

Taxes and Fees do not include Vonage fees, recovery fees and surcharges that may be imposed on specific Services, and which are described in the applicable Sales Order and/or Invoice.
“Usage Charges” means the variable, usage- based charges payable by the Customer for connected minutes of telephony not falling within a relevant bund le of pre-purchased connected minutes of telephony or other monthly recurring charges for Services including minutes of telephony, or for SMS texts (if any) at the rates set out in the applicable Service Description or as otherwise defined in the Agreement.
“Vonage” means the Vonage business entity identified on the Sales Order. “Vonage Content” means all content made available by Vonage through the Vonage Website or the Services.
“Vonage Business Communications Services” or “VBC Services” means the telephony, conferencing, messaging and related Subscription-based services. “Vonage Contact Center Services or VCC Services” means the contact center services provided by Vonage.
“Vonage Equipment” means all equipment that is used, leased or otherwise provided by Vonage to Customer for use in connection with the Services, including phone hardware (e.g., phones, routers, switches, SD -Wan devices, and battery backup). Vonage Equipment does not include Customer Equipment or Third-Party Equipment. “Vonage Website” means the website set forth at https://www.vonage.com/ and/or other localized Vonage website as may be available or applicable in certain countries, through which Vonage’s products and services are described, as well as the online administrative portal through which Customer manages the Account and/or can make additional purchases for the Account.

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SCHEDULE 2
Vonage Contracting Entities, Governing Law, Venue

Customer
Domicile
d In
Supplier Contacting Entity Address For
Notices
Governin
g Law
Courts
Having
Exclusive
Jurisdiction

Arbitration
Association
and Place of
Arbitration
Europe,
Middle
East or
Africa
Vonage Business Limited,
a company registered in
England and Wales.

Registered Number:
3602868
Legal Department,
Vonage Business
Limited
Rosalind House,
Jays Close,
Basingstoke,
Hampshire, RG22
4BS, UK
England England
London
Court of
Internationa
l Arbitration
(LCIA)
having its
seat of
arbitration
in London
North
America
or South
America
Vonage Business Inc.,
a company registered in
the
United States of America.

Registered Number:
4437638
Legal Department,
23 Main Street,
Holmdel, NJ
07733
Email: LegalNotic
[email protected]
Delaware Delaware
American
Arbitration
Association
The Asia
Pacific
Region
Vonage Australia Pty Ltd,
a company registered in
Australia.

Registered Number:
153693326
Legal Department,
Level 12680,
George Street,
Sydney, NSW
2000, Australia
New
South
Wales,
Australia
New South
Wales,
Australia
The
Institute of
Arbitrators
&
Mediators
Australia
having its
seat in
Sydney

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SCHEDULE 3
Country-Specific Terms

The following additional terms and conditions (“Country -Specific Terms”) shall apply if and to the extent the Customer is domiciled under the laws of one of the countries listed below. In the event of a conflict between the Country -Specific Terms and the other provisions of the Agreement, the Country-Specific Terms shall prevail.

Australia
Except to the extent permitted by law, nothing in this Agreement has the effect of excluding, restricting or modifying:

1. The application of any Consumer Guarantee that applies to the supply of the Services (“Consumer Guarantees” means, if applicable to the Parties, the consumer guarantees in Division 1 of Part 3-2 of the Australian Consumer Law);

2. The exercise of a right under any Consumer Guarantee that applies to the supply of the Services; or

3. Any liability of Vonage for a failure to comply with a Consumer Guarantee that applies to the supply of the Services.

4. To the extent permitted by law, Vonage’s liability for breach of any Consumer Guarantee is limited,
at the Vonage’s option to:
i. the re-supply of the Services that breached the Consumer Guarantee; or ii. the payment of the cost of having those Services supplied again.

Belgium
Customer may terminate a Sales Order for convenience at any time, provided that (a) if Customer terminates the Sales Order for convenience prior to the end of the sixth month of the Subscription Service Term, it shall be liable to Vonage for all Charges that would have been due under the applicable Sales Order through the end of the sixth month of the Subscription Service Term; and (b) Customer shall not be liable for any early DocuSign Envelope ID: ADD3B598-D44A-43F8-B7D9-9C5E693A35CF Item: 16
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termination charges if it terminates the Sales Order for convenience on or after the end of the sixth month of the Subscription Service Term.

Canada
Each Party hereby confirms its express wi sh that this Agreement and all related documents be prepared in the English language only. Les parties reconnaissent avoir exigé que le présente convention et tous les documents connexes soient rédigés en anglais seulement.

European Union
The following terms (“EU Terms”) shall apply to the extent the Customer is organized under the laws of a Member State of the European Union.

1. Changes to the Agreement. A unilateral change to the Agreement by Vonage shall be effective thirty days after Vona ge provides notice to Customer. If Customer reasonably objects to such change and such change is not to the exclusive benefit of Customer, it may terminate the Agreement by providing notice of termination to Vonage no later than thirty days following Vonage’s notification of the change to Customer.

2. Use of Customer Data. Customer shall ensure that Vonage is enabled to use all Customer Data (including content) necessary to provide the Services).

3. Primary Characteristics of Services. The primary characteristics of the Services will remain available to the Customer during the Subscription Service Term of the Agreement.

4. Waiver of Certain Provisions of the European Electronic Communications Code. If Customer is a microenterprise, small enterprise, or not-for-profit organization (as defined under European Union law), it hereby explicitly waives the applicability of sections 102, 105, and 107 of Directive 2018/1972 of the European Parliament and of the Council of December 11, 2018 establishing the European Electronic Communications Code (“EECC”), and any Member State law or regulation implementing these EECC provisions.

Germany
Customer may dispute an invoice by providing written notice within eight weeks after receipt. Handling of the dispute shall be in accordance with the German Telecommunications Act.

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Sweden

1. Limits on Usage Charges. Customer may at any time during the Term, free of charge, request the Services be suspended when call and other charges have reached an amount specified by Customer. The specified amount may be amended by Customer without additional charges.

2. Blocking High-Cost Calls. Customer may at any time during the Term, free of charge, request that numbers with elevated calling fees be blocked.

The Netherlands
No limitations on liability shall apply to losses arising from Vonage’s deliberate recklessness or intentional misconduct.

United Kingdom

1. Waiver of Certain Provisions of the European Electronic Communications Code.

If Customer is a microenterprise, small enterprise, or not-for-profit organization (as defined under European Union law), it hereby explicitly waives the applicability of sections 102, 105, and 107 of Directive 2018/1972 of the European Parliament and of the Council of December 11, 2018 establishing the European Electronic Communications Code (“EECC”), and any Member State law or regulation or the UK General Conditions of Entitlement (GCs) implementing these EECC provisions.

2. Emergency Services.

2.1 For Customers accessing the Telephony Services via a VBC-UK Plan; where such service is fully operational, 999/112 public emergency call services can be accessed from within England, Wales, Scotland and Northern Ireland. However, the Customer understands and acknowledges that Users may experience some service limitations as follows:

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2.1.1 If using the Telephony Services outside England, Wales, Scotland and Northern Ireland a User will not be able to call emergency services for the country in which the User is located. The Customer is responsible for ensuring that a line from another communications provider is set up to call emergency services within the relevant country.

2.1.2 If there is a Telephony Service outage for any reason, such outage may prevent access to 999/112 dialing.

2.1.3 The Customer must register with the Supplier the primary physical location where it will be using the Telephony Service. The Customer’s main location will be registered as a part of receiving the Telephony Service. It is the Customer’s responsibility to maintain the accuracy of its location address if there are any changes. The Customer can do this by telephoning the Supplier’s support team on 0800 316 1317 or +44 207 760 8888. If the Customer fails to update the Supplier with changes, it may or may not be possible for emergency operators and authorities to identify the User’s location and phone number when he/she dials 999/112. Location information of the Customer’s main office (as notified) will only be provided to emergency services; extension information may not be provided to emergency services. When dialing 999/112, the User will need to state his/her location and phone number promptly and clearly, as emergency operators and authorities may not have this information.

2.1.4 Emergency operators and authorities may or may not be able to identify the User’s phone number in order to call the User back if the call is unable to be completed, is dropped or disconnected, or if the User is unable to speak to state his/her phone number and/or if the Telephony Service is not operational for any reason. Emergency operators and authorities may also not be able to hold the line open in the event that the User hangs up.

2.1.5 The Customer agrees to inform Users and potential users of the Telephony Service of the above limitations and understands and accepts that it should always have an alternative means of accessing 999/112 emergency services.

2.1.6 If the Supplier has cause to suspend the Telephony Service, a User will still be able to dial 999.

2.2 Outbound dialling to emergency services is not available if the Telephony Services are accessed via the Vonage Contact Centre contact-pad (which is the interface used by Authorized Users providing voice capabilities, features and functions).

2.2 Outbound dialing to emergency services is not available if the Telephony Services are accessed via the Vonage Contact Centre contact-pad (which is the interface used by Authorized Users providing voice capabilities, features and functions).

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3. Number Porting.

3.1 Although unlikely, number portability (which is the process for moving Customer’s telephone number from one communications provider to another) may not be possible. If the Customer wishes to port its telephone number to the Supplier or its telephone number from the Supplier to another provider, the Supplier cannot guarantee that the Customer will be able to retain its telephone number.

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CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/06/2022
DEPARTMENT: City Manager
SUBJECT:

SECOND AMENDMENT TO THE AGREEMENT WITH FLOCK GROUP, INC.

RECOMMENDED ACTION(S):

1. Approve the Additional Services Agreement with Flock Group, Inc. for automatic license plate reader cameras.

2. Authorize the City Manager to sign, and the City Clerk to attest, the Additional Services Agreement, substantially in the form attached.

EXECUTIVE SUMMARY:

The City utilizes license plate reader cameras as a component of its public safety programs. Only sworn personnel of the Orange County Sheriff’s Department have access to these cameras, subject to the attached Automated License Plate Readers (“ALPR”) Usage and Privacy Policy (“Usage and Privacy Policy”) (Attachment 1). The cameras are provided through Flock Group, Inc., which is a company that specializes in providing license plate reader cameras for municipal police agencies.

On June 29, 2020, the City entered into a three-year Government Agency Customer Agreement (“Agreement”) with Flock Group, Inc. (Attachment 2) for the purchase and installation of 10 license plate reader cameras. On September 7, 2021, the City entered an Additional Services Agreement (“First Amendment”) adding an additional 13 cameras, which brought the Agreement’s total compensation amount to $138,800 (Attachment 3). The proposed second Additional Services Agreement (“Second Amendment”) adds compensation in the amount of $53,550 for 17 additional cameras, bringing the Agreement’s total compensation amount to $191,550 (Attachment 4).

Since implementing the program in late 2020, the cameras have helped OCSD investigators gather information used to solve criminal activity. There are sufficient funds in the 2021-23 Operating Budget to cover the costs of the recommended action.

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BACKGROUND:

Public Safety is a top priority for the City of Lake Forest. Ten license plate reader cameras were installed in 2020 to enhance public safety through the “Stay Safe Lake Forest” campaign. Since then, the automatic license plate reader cameras have been an asset as well as enhanced the capabilities of OCSD to locate stolen vehicles, identify persons of interest, and conduct investigations. Thirteen additional cameras were installed throughout the city after the City Council authorized the First Amendment in late 2021.

Enhancing public safety is a major component of the City’s Strategic Business Plan. The Strategic Plan Initiative #25 - Lake Forest Geo Fence, is to expand automatic license plate readers to all major intersections and high traffic areas near city borders. This initiative will be complete if the City Council approves the proposed Second Amendment, as the installation of the additional cameras will ensure all major entry roads and thoroughfares leading through Lake Forest include license plate reader coverage.

DISCUSSION:

Flock Group, Inc. (“Flock”) provides a unique product for automatic license plate reader cameras. Flock cameras identify the viewable license plate and other vehicle features within the capture frame. The most unique aspect of this product is the user interface software. The software provides a simple searchable database and enables law enforcement to receive hotlist alerts and create custom alerts for license plates under investigation. Flock has agreements with 15 Orange County cities including Laguna Niguel, San Clemente, Dana Point, San Juan Capistrano, Los Alamitos, Placentia, and Anaheim.

The annual cost for the original three-year services Agreement was within the City Manager‘s signing authority. The Agreement included 10 automatic license plate reader cameras at a total cost of $62,500; $22,500 in the first fiscal year and $20,000 for each of the two following fiscal years. The First Amendment to the Agreement provided the installation of 13 additional automatic license plate reader cameras with $39,900 in additional compensation for the second year of the Agreement and $36,400 for the third year, bringing the total compensation amount to $138,800.

The Second Amendment to the Agreement will provide for the installation of 17 automatic license plate reader cameras. This will bring the total number of automatic license plate reader cameras in the city to 40. The 40 cameras will Item: 17
291

provide ample coverage to the major intersections and high traffic areas near the city borders, which will satisfy Initiative #25 of the City’s Strategic Business Plan.

Once the additional 17 cameras are installed at predesignated locations, staff will work with OCSD to ensure that all 40 camera locations are effectively utilized and recommend any changes to camera placement locations, if necessary.

The service cost for 17 additional cameras is $2,500 per camera ($42,500 annually), an installation fee of $350 per camera ($5,950 in total, one-time), and an extended data retention plan cost of $300 per camera ($5,100 annually). The additional compensation included in the Second Amendment is $53,550, which would bring the total compensation amount to $191,950. Table 1 below illustrates these costs.

Table 1: Three-Year Flock Safety Agreement Amounts
Year Original
Agreement
First
Amendment
Second
Amendment Total
Year 1 $22,500 N/A N/A $ 22,500
Year 2 $20,000 $39,900 N/A $ 59,900
Year 3 $20,000 $36,000 $53,550 $109,550
TOTAL $62,500 $76,300 $53,550 $191,950
Staff‘s role with the cameras is limited to contract procurement and ongoing contact management, while OCSD personnel solely operate the system. OCSD currently has an Usage and Privacy Policy, which outlines authorized uses of the system, required training of OCSD personnel, and the required security of the data collected. The Usage and Privacy Policy ensures that the data collected by the cameras can only be accessed through a controlled process by trained OCSD personnel.

Staff is recommending approval of the Second Amendment to the Agreement with Flock for the installation and ongoing services of 17 additional license plate reader cameras. If approved, the Second Amendment would increase the compensation in the Flock Agreement by $53,550 for a new total compensation amount of $191,950. There are sufficient funds available in the FY 2021-2023 Operating Budget for this action.

FISCAL IMPACT:

Approval of the Second Amendment to the Agreement will increase the compensation amount in the Agreement by 53,550 for a total compensation amount of $191,950. The Second Amendment would not change the term of the Item: 17
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Agreement. There are sufficient funds available in the 2021-2023 Operating Budget for this action.

ATTACHMENTS:

1. OCSD Automated License Plate Readers Usage and Privacy Policy

2. Agreement with Flock Group, Inc.

3. Additional Service Agreement with Flock Group, Inc. – First Amendment

4. Additional Service Agreement with Flock Group, Inc. – Second Amendment
Initiated By: Sharlyn De la Paz, Senior Management Analyst Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
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ATTACHMENT 4
Item: 17
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FLOCK GROUP INC.

ADDITIONAL SERVICES AGREEMENT
This Agreement combined with the existing agreement referenced in Exhibit A describe the relationship between Flock Group Inc. (“Flock”) and the customer identified below (“Customer”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”).

Agency: CA - City of Lake Forest
Legal Entity Name: \FSLegalEntityName{r}\
Contact Name: 'HEUD5RVH
Address:
100 Civic Center Dr
Lake Forest, California 92630
Phone: (949) 461-
E-Mail:

GURVH#ODNHIRUHVWFDJRY
Expected Payment Method:
\FSExpectedPaymentMethod1\
Billing Contact: \FSBillingContact1\
(if different than above)
Initial Term: 12 months
Renewal Term: 12 months
Billing Term: Annual payment due Net 30 per terms
and conditions
Sales tax will be added to all fees as applicable. If your organization is tax exempt, please check this box: \FSTaxExemptCheckbox1\ and email your Sales Tax Exemption Certificate to [email protected].

Item: 17
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Name Price/Usage Fee QTY Subtotal
Falcon $2,500.00 17.00 $42,500.00
Professional Services - Standard Implementation
Fee
$350.00 17.00 $5,950.00
Extended data retention (Up to 1 Year) $300.00 17.00 $5,100.00 (Includes one-time fees)
Year 1 Total: $53,550.00

Recurring Total: $47,600.00

Item: 17
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By executing this Order Form, Agency represents and warrants that it has read and agrees to all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Agency: CA - City of Lake Forest

By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\

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EXHIBIT A

This agreement is governed by the terms as set out in this attached agreement that has been previously executed by both parties.

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CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022
DEPARTMENT: City Clerk
SUBJECT:

CITY COMMISSIONER TERMS EXPIRING IN DECEMBER 2022, AND

THE PROCESS FOR APPOINTING INDIVIDUALS TO THOSE SEATS
RECOMMENDED ACTION(S):

Receive and File.

EXECUTIVE SUMMARY:

Pursuant to Lake Forest Municipal Code (“LFMC”) Section 2.06.060, the term of a commission member shall expire upon the expiration of the term of the City Council Member that appointed the commission member (Attachment 1).

Therefore, the terms of commissioners appointed by City Council Members Moatazedi, Tettemer and Voigts expire in December. Attached for the City Council’s review is a list of the current commissioners with terms expiring in December 2022 (Attachment 2).

The LFMC also specifies that each member of the City Council shall appoint one (1) member to each of the City’s three commissions, Community Services, Planning, and Traffic and Parking, within 90 days of being sworn in as a member of the City Council.

The City Council Policy on Appointment of Commission Members outlines the process of appointing Commission Members (Attachment 3). The application period will remain open for a minimum of 30 days. Notice of the application period will be posted at City Hall in the outdoor display cases, on the City’s website, and on social media. Once the application period has closed, within five business days, the City Clerk will transmit the qualified applicants to each of the appointing City Council Members for their review and selection. Appointing City Council Members shall send a written notification of their selection to the City Clerk. Within 24 hours of notification, the City Clerk will notify the other appointing Council members that a particular applicant has been selected.

Staff will publicize the following schedule for Commissioner appointments:

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2 3
3 5
Dec. 12, 2022 City Clerk posts call for applications
Jan. 11, 2023 Commission applications due
Jan. 17, 2023 City Clerk shall transmit all qualified applications to Appointing City Council Members
Feb. 7, 2023 Commission Member appointments shall be made during the City Council meeting
The City Council Policy on Appointment of Commission Members states this process in its entirety shall be completed within 90 days. The proposed schedule will ensure that the City Council complies with the LFMC and the City Council Policy on Appointment of Commission Members.

FISCAL IMPACT:

There is no fiscal impact with the recommended action.

ATTACHMENTS:

1. City of Lake Forest Municipal Code Chapter 2.06.060

2. List of Commissioner with Terms Expiring 12/2022

3. City Council Policy on Appointment of Commission Members Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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Lake Forest, California Municipal Code
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.06 BOARDS AND COMMISSIONS—GENERAL

PROVISIONS

2.06.010 Commissions established.

2.06.020 Number of members.

2.06.030 Qualifications.

2.06.040 Applications.

2.06.050 Appointment.

2.06.060 Term—Removal.

2.06.062 Revolving door.

2.06.065 Officers of boards and commissions.

2.06.070 Vacancies.

2.06.080 Meetings—Quorum.

2.06.090 Absence from meetings.

2.06.100 Appeals.

2.06.010 Commissions established.

There shall be established within the City a Planning Commission, Traffic and Parking Commission, and a Community Services Commission. The City Council may establish by ordinance such other boards or commissions as it deems necessary. (Ord. 309 § 3, 2018; Ord. 304 § 4, 2018; Ord. 295 § 3, 2017; Ord. 165 § 1, 2007)

2.06.020 Number of members.

Unless otherwise specifically provided in the establishing and enabling ordinance, each board or commission shall consist of five (5) members. (Ord. 165 § 1, 2007) Item: 18
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2.06.030 Qualifications.

A. Unless otherwise specifically provided by law or by ordinance of the City Council, all members of boards and commissions of the City shall, at all times during their incumbencies be bona fide residents and registered voters of the City.

B. No member of any board or commission shall be a City employee, nor shall any person be a member of more than one (1) board or commission at any one (1) time. (Ord. 165 § 1, 2007)

2.06.040 Applications.

The City Clerk shall maintain all applications submitted to the City for board or commission positions for a period of one (1) year. (Ord. 165 § 1, 2007)

2.06.050 Appointment.

Each member of the City Council shall appoint one (1) member to each board and commission within ninety (90) days of being sworn in as a member of the City Council. (Ord. 304 § 5, 2018; Ord. 165 § 1, 2007)

2.06.060 Term—Removal.

A. The term of a board or commission member shall expire upon the expiration of the term of the City Council member that appointed the board or commission member.

B. A member of any board or commission serves at the pleasure of the entire City Council and may be removed only by a majority vote of the entire City Council.

C. Unless removed by a majority vote of the entire City Council, a board or commission member shall be entitled to serve on such board or commission until a successor is appointed, notwithstanding the expiration of his or her term.

D. The terms of the existing board and commission members in effect on the date the ordinance codified in this section becomes effective as amended, shall be established by resolution of the City Council.

E. At the completion of any term, a board or commission member may be eligible for appointment pursuant to the provisions set forth in Section 2.06.030 of this Code. (Ord. 304 § 6, 2018; Ord. 165 § 1, 2007)

2.06.062 Revolving door.

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A. For purposes of this section, “City official” means a City Councilmember, Mayor, Mayor Pro Tem, City Manager, City Attorney and the heads of the City Departments.

B. No former City official, for two (2) years after leaving office after termination of his or her service or employment with the City, shall, for compensation, act as the agent or attorney for, or otherwise represent, any other person by making any formal or informal appearance, or by making any oral or written communication, before the City Council, the City Planning Commission, any present member of the City Council or Planning Commission, or any officer or employee of the City, if the purpose of the appearance or communication is to influence legislative or administrative action by the City, including but not limited to influencing any action or proceeding for any license, permit or other entitlement for use.

C. No former City official, for two (2) years after leaving office or after termination of his or her service or employment with the City, shall, for compensation, knowingly aid, counsel, advise, consult or assist any other person in connection with an appearance or communication, in relation to any case with the intent to influence legislative or administrative action by the City, including but not limited to, influencing any action or proceeding for any license, permit or other entitlement for use.

D. The following activities are not subject to the prohibition in this section:

1. Appearances or communications made by a former City official for the sole purpose of representing himself or herself or any member of his or her immediate family, in his or her individual capacity in connection with any matter pending before the City.

2. If a former City official is employed by a firm or business, appearances or communications by any other employees, officers, members or partners of the firm or business, provided that the former City official is not personally involved and does not personally participate in any way that is prohibited by this article.

3. If a City official becomes an officer or employee of another public agency, appearances or communications made by the former City official on behalf of that other public agency in connection with any matter pending before the City. (Ord. 165 § 1, 2007)

2.06.065 Officers of boards and commissions.

The Chair and Vice-Chair of each board and commission shall be selected by a majority vote of the membership of that board or commission. (Ord. 165 § 1, 2007)

2.06.070 Vacancies.

In the event a member of any board or commission resigns or dies while in office, the City Council member who appointed that board or commission member shall appoint a successor pursuant to the provisions of this chapter. The successor shall serve for the remaining balance of the term to which his or her predecessor was appointed. (Ord. 304 § 7, 2018; Ord. 165 § 1, 2007)

2.06.080 Meetings—Quorum.

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The City Council shall establish meeting schedules for each board and commission by resolution.

A quorum of three (3) for a five (5) member board or commission and a majority of the board or commission for a larger board or commission shall be required for the transaction of any business. (Ord. 165 § 1, 2007)

2.06.090 Absence from meetings.

Should any board or commission member be absent from any three (3) consecutive meetings of the board or commission, without excuse acceptable to the City Council, that member shall vacate his or her seat on the board or commission. The vacancy shall be filled in the same manner as any other vacancy. (Ord. 165 § 1, 2007)

2.06.100 Appeals.

Appeals to the Planning Commission are in accordance with Chapter 2.04 of this Code. (Ord. 278 § 2, 2015)
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ATTACHMENT 2
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LIST OF COMMISSIONERS
WITH TERMS EXPIRING IN DECEMBER 2022
Appointing Council
Member
Community
Services
Commission
Planning
Commission
Traffic and Parking
Commission
Moatazedi Margie Matsil
Appointed 1/15/2019
Francisco Barajas
Appointed 1/15/2019
Benjamin Yu
Appointed 1/15/2019
Tettemer Loretta Herrin
Appointed 1/15/2019
Thomas Ludden
Appointed 1/15/2019
Jim Richert
Appointed 1/15/2019
Voigts
Suzy Betz
Appointed July 6, 2021
Mid-term vacancy
occurred due to the
passing of Commissioner
Jim Rosenberg
Mark Armando
Appointed 1/15/2019
Vladimir Anderson
Appointed 2/2/2021
Mid-term vacancy
occurred after the
resignation of Robert
Pequeno when he was
elected to serve on the
City Council
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ATTACHMENT 3
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CITY COUNCIL POLICY: APPOINTMENT OF

COMMISSION MEMBERS
Revised: January 7, 2020
Introduction

The Lake Forest City Council appoints members to its boards and commissions pursuant to the Lake Forest Municipal Code.

Background

On April 3, 2018, the City Council adopted Ordinance No. 304, which amended chapter 2.06 of the Lake Forest Municipal Code to provide for “one-to-one” appointment of board and commission members by Councilmembers. Before Ordinance No. 304, board and commission members were appointed by a majority vote of the City Council. Under the “one-to-one” approach, each Councilmember appoints one member to each board and commission, and each board or commission member serves a term tied to that of the appointing Councilmember.

This policy provides a process for the City Clerk and Councilmembers to implement the one-to-one appointment approach and ensure a fair, open, and public appointment process within the 90-day timeframe prescribed by Lake Forest Municipal Code section 2.06.050.
1 Purpose.

The purpose of this policy is to implement the commission and board member appointment provisions of Lake Forest Municipal Code, chapter

2.06. Item: 18
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City Council Policy: Appointment of Commission Members, Rev. 1-2020 2 Applications and Recruitment.

2.1 Open Call.

2.1.1 Within five business days after the swearing in of a Councilmember or upon the occurrence of a vacancy on a board or commission, the City Clerk shall publish an open call for applications for consideration of an appointment(s) to the applicable board(s) or commission(s).

2.1.2 The call shall remain open for 30 days. If deemed necessary by the City Clerk to ensure a fair and public call for applications, the City Clerk may extend the call for a fixed and reasonable period after 30 days.

2.1.3 The call for applications must be open to the public. Any Councilmember may recruit or encourage individuals to apply during the call, but an individual need not be referred by a Councilmember to apply.

2.1.4 To avoid Brown Act violations, Councilmembers should not discuss or consult with each other about potential applicants.

2.2 Applications.

Qualified residents are encouraged to complete and submit an application to the City Clerk by the respective deadline. The City Clerk shall post all applications to the City website during the Councilmember Review period, following the close of the application submittal deadline.

2.3 City Clerk Review.

The City Clerk shall review each application to determine whether the application is complete and whether an applicant is qualified to serve on a board or commission.
• The qualifications to serve on a board or commission, pursuant to Lake Forest Municipal Code § 2.06.030 are as follow: a resident of the City,
• a registered to vote in the City, and
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City Council Policy: Appointment of Commission Members, Rev. 1-2020 • not an officer or employee of the City.

If the applicant submits a complete application, but is not qualified at the time of submittal, the City Clerk shall inform the applicant of criteria that must be met in order to be considered for an appointment. 3 Review and Selection.

3.1 Transmission of Applications.

Within five business days after the close of the call for applications, the City Clerk shall transmit all complete applications to each appointing Councilmember.

3.2 Councilmember Review.

3.2.1 Once the call for applications is closed, Councilmembers may consider for appointments only those individuals with applications transmitted to Councilmembers by the Clerk.

3.2.2 Appointing Councilmembers may interview applicants in- person, via teleconference, or via video conference or may send applicants additional questions in writing. Councilmembers may also consider applicants without conducting interviews or further communication.

3.2.3 Councilmembers should note that any written communication with applicants may be discoverable under the Public Records Act

3.3 Selection.

3.3.1 An appointing Councilmember shall send written notification of his or her appointment selection to the City Clerk. Within 24 hours after the City Clerk receives such notification, the City Clerk shall notify all appointing Councilmembers that the applicant has been selected.

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City Council Policy: Appointment of Commission Members, Rev. 1-2020

3.3.2 If an appointing Councilmember wishes to change his or her selection prior to the time appointments are placed on an agenda for consideration, the Councilmember must notify the City Clerk of the new selection as soon as possible. Within 24 hours after the City Clerk receives such notification, the City Clerk shall notify all appointing Councilmembers that a new applicant has been selected.

3.3.3 To avoid Brown Act violations, Councilmembers should not discuss or consult with each other about their selections.

3.4 Timing of Review and Section.

To ensure completion of the appointing process within the 90-day timeframe for appointments (LFMC, § 2.06.050), appointing Councilmembers’ review and selection should be completed within 30 days of the City Clerk’s transmission of the completed applications to the Councilmembers. If a Councilmember requires more than 30 days to complete their review and selection, the Councilmember should immediately notify the City Clerk. 4 Agenda and Appointment

4.1 Agenda.

Within 30 days, or other time period as deemed necessary by the City Clerk to meet the 90-day time frame for appointments (LFMC, §

2.06.050), after the City Clerk transmitted the applications to the appointing Councilmembers, the City Clerk shall place on the agenda for open session of a regular or special meeting the appointment(s) to a board or commission.

4.2 Appointment.

At the meeting, each appointing Councilmember shall announce his or her selection for appointment to a board or commission. The appointment must be ratified by one other Councilmember other than appointing Councilmember.

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City Council Policy: Appointment of Commission Members, Rev. 1-2020

4.3 Term.

No person shall be eligible to serve as Commissioner on any one Commission for more than two (2) four (4) year terms. Said term limits begin with appointments made as a result of the 2020 General Election. Notwithstanding the foregoing, any person who is appointed for the balance of a four (4) year term, but who serves for less than four (4) years in that office, shall be eligible for appointment for two (2) consecutive four (4) year terms thereafter.

Appointees are eligible to serve two (2) four (4) year terms on multiple Commissions.

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CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022
DEPARTMENT: Finance
SUBJECT:

STATEMENT OF INVESTMENT POLICY AND INVESTMENT ADVISORY AND

MANAGEMENT SERVICES DISCUSSION
RECOMMENDED ACTION(S):

1. Provide policy direction to revise the City’s Investment Policy to allow all investment opportunities authorized in the Government Code.

2. Provide policy direction to revise the City’s Investment Policy to allow for the use of an investment advisory firm to actively manage the City’s Investment Portfolio.

EXECUTIVE SUMMARY:

The City’s Statement of Investment Policy (“Policy”) requires the City Council to perform an annual review. This review allows the City to adopt proposed revisions to the Policy and incorporate changes in State law. The City’s investment policy prioritizes safety and liquidity of funds followed by yield. As of June 30, 2022, the balance of the City’s portfolio was approximately $159 million, and the portfolio is passively managed in liquidity pools such as CAMP, OCIP, and LAIF. These three investment pools are low-yield, high-liquidity investment programs that have been the principal ways through which the City obtains investment income.

Currently, the City’s Policy contains more restrictive parameters than the California Government Code allows. This approach was adopted shortly after the Orange County bankruptcy and is reflective of concerns about municipal investments prevalent in the mid-1990s. However, as the City has matured and its investment portfolio has increased, staff believes it is prudent to revise the Policy to access all investment opportunities allowed in the Government Code. In addition, revising the policy to allow the use of a professional investment firm to actively manage the City’s portfolio would likely generate greater market yield and return than the City is currently generating via government investment pools.

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BACKGROUND:

The City’s Statement of Investment Policy (“Policy”) requires the City Council to perform an annual review (Attachment 1). This review allows for proposed revisions to the Policy while emphasizing the Preservation of Principal (Safety), Liquidity, and Return on Investment (Yield) of the City’s investment portfolio (in that order), and changes in State law as it relates to investments. The most recent review was conducted on December 21, 2021.

Local agencies are governed by the California Government Code, Sections 5300 et seq. Municipalities are significantly restricted in the types of investment they may purchase and are typically limited to treasury and agency securities, bank certificates of deposit, medium-term corporate notes, the California Asset Management Pool (“CAMP”), a short-term money market portfolio, Orange County Investment Pool (“OCIP”), and the State of California Local Agency Investment Fund (“LAIF”). Currently, the types of investments authorized for purchase by the City, are further restricted in the City’s Policy.

In addition to the annual review of the Policy for any proposed revisions, the City Attorney’s Office also completes a review of the Policy and notes recent changes in State law. This legal review along with other proposed changes are brought before the City Council for review and adoption.

Per the Policy the City’s investment portfolio is managed by the Director of Finance. As of June 30, 2022, the balance of the City’s portfolio was approximately $159 million, and the portfolio is passively managed in liquidity pools such as CAMP, OCIP, and LAIF. These three investment pools are low- yield, high-liquidity investment programs that have been the principal ways through which the City obtains investment income.

Prior to conducting the City’s annual review of the City’s Policy, staff seeks policy guidance from the City Council regarding a transition from a Policy that is more restrictive than the restrictions of the California Government Code. In addition to a policy discussion, staff also seeks direction to hire an investment advisory firm to provide investment advisory and management services.

DISCUSSION:

Policy Considerations
The City’s current Policy is reviewed and adopted annually by the City Council.

Currently, the Policy omits the mention or use of an investment advisor or advisory firm to assist in managing the City’s investments. To hire an investment advisor, the City would need to adapt its Policy to explicitly allow for an Item: 19
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investment advisor to manage the City’s portfolio. Table 1 includes examples of standard language used by other local cities that have adapted their investment policy and have hired an investment advisor to actively manage their portfolios.

Table 1: Examples of Standard Language Allowing Investment Advisors City Excerpt from Policy
Mission Viejo The City Council may, upon recommendation of the Investment Advisory Commission, engage the services of
one or more external investment managers to assist in the management of the City's investment portfolio in a manner consistent with the City's objectives.

Laguna Niguel The City Treasurer, with approval from the City Council, may employ the services of professional investment managers to assist in the management of the City’s investment portfolio.

Costa Mesa The City may engage the services of an external investment manager to assist in the management of the City’s
investment portfolio in a manner consistent with the City’s objectives.

Tustin The Treasurer may engage the services of outside professionals for evaluation and advice regarding the City’s investment program. An authorized investment advisor may provide investment management services, which may also
include facilitating trade executions under the direction of the Treasurer or designated representative(s). Advisors shall be registered by the Securities & Exchange Commission and
licensed to do business in the State of California. Authorized advisors are subject to the provisions of this investment policy and must act in the best interest of the City in the capacity of a fiduciary.

In addition to the restrictions on the overall management of the City’s investments, the current policy also restricts the types of investments that the City may purchase. Through the review of the Investment Policy, staff recommends the City Council revise the policy to allow for the added diversification of investments while still prioritizing the safety of the principal, limiting risk, maintaining appropriate levels of liquidity, and increasing the potential for generating market yield and return in the portfolio. Potential changes include:
•Considering the diversification of investments by adding highly rated, issuers and sectors as permitted by California Government Code, •Defining a benchmark and duration target to augment the portfolio’s safety, •Enhancing reporting to include quarterly updates to monitor and evaluate portfolio performance relative to the chosen benchmark(s), Item: 19
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•In addition to allowing the engagement of external investment advisors (as stated above).

To discuss the benefits of diversifying investments, Medium-Term Notes is one example of a type of investment that the City currently does not and cannot purchase due to the current parameters of the Policy. Allowing investments in Medium-Term Notes would provide for diversification in the portfolio and generally carry an acceptable risk-based market yield. Government Codes allow for investments in Medium-Term Notes of a domestic corporation or depository institution with a minimum credit rating of “A” or better, a limit of 30% of the portfolio and 5% in one issuer.

Additionally, aligning the maximum portfolio limits permitted under government code with the Policy would provide increased flexibility in managing the portfolio.

Currently federal agency securities are limited to 70% under the Policy, while Government Code does not include a limit.

As with all investment transactions, risk would exist, and the City’s investment strategy and philosophy would help evaluate the potential risks and returns associated with these types of investments. The purpose of these examples is to illustrate examples of investments that the City could allow and add to diversify its portfolio to potentially expand yield while continuing to mitigate risk.

Through the upcoming annual revision of the Policy, staff recommends the City update its Policy and align its requirements with what is permissible by Government Code. In addition to aligning the Policy with Government Code, the City could modernize its requirements to promote the highest standard of education and training among staff and advisors, include industry best practices, and enhance monitoring and reporting.

Hiring an Investment Advisory Services Firm
The use of a professional investment advisory firm would complement staff’s ability to deploy an investment strategy by establishing a partnership with a qualified professional consultant. By allowing for the hiring of an investment advisory firm, the City would be able to work with the firm to plan future investment and actively manage the City’s investment portfolio.

The benefits of this proposed transition to an actively managed portfolio managed by a professional investment advisory firm include expanding the size of the City’s investment portfolio, increased access to the depth of knowledge and expertise of an investment advisory firm, and increased time dedicated to managing the City’s investment portfolio. An investment advisory firm would be able to provide day-today monitoring of investment yields in the market, rebalance the portfolio’s durations to take advantage of interest rate trends, Item: 19
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provide credit monitoring and analysis, and competitively shop for investments to obtain the best rates. Moreover, a firm would be able to assist in developing and implementing portfolio strategies within the parameters of the City’s Investment Policy, provide detailed monthly and quarterly reporting, and ensure the portfolio is compliant with current standards.

At the November 29, 2022, Audit Committee meeting, staff presented this information regarding the potential changes to the Investment Policy and hiring an investment advisory firm for feedback. The Audit Committee’s feedback included scheduling a high-level policy discussion for the City Council regarding revising the City’s long-time investment practices and expanding investment options while continuing to comply with the Government Code.

Next Steps
Staff seeks policy direction regarding the potential changes to the Policy discussed in this report that would remove additional restrictions to the management of the City’s investment portfolio and allow staff to utilize an investment advisor. Each of the two recommended action items require the City Council to provide policy direction for staff to proceed with the process of drafting a revised and redlined version the Investment Policy and potentially hiring an investment advisory firm.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

Statement of Investment Policy, Adopted 12-21-2021
Initiated By: Nidia Ruelas, Management Analyst
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
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ATTACHMENT
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THE CITY OF LAKE FOREST

STATEMENT OF INVESTMENT POLICY

I. INTRODUCTION

The City Council of the City of Lake Forest recognizes its responsibility to wisely direct the investment of the City's funds on behalf of the City's existing and future residents. The City Council further recognizes that the City's investment assets are essential to the City's financial strength, the effective implementation of long range financial plans, and ultimately its ability to respond to the needs of the community.

The investment policies and practices of the City of Lake Forest take into consideration the City's particular needs including the City's risk- avoidance, size of portfolio, number and qualifications of staff, and other relevant factors. This Statement of Investment Policy ("Policy") is based upon principles of prudent money management and Federal and State laws. In instances in which the Policy is more restrictive than Federal or State law, the Policy supersedes.

This Policy sets forth procedures and practices which shall govern the investment of the City's funds. The Policy will be used by the City's Treasurer, other City officials and staff, as well as all other third-party providers of investment or investment-related services. Its purpose is to direct the prudent investment and protection of the City's funds and investment portfolio.

II. INVESTMENT GOALS

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The City's investment goals are to:

• Maintain the principal value of assets entrusted to the City.

• Safeguard and protect the City’s investment portfolio and funds.

• Ensure that the City has adequate cash to meet budgeted expenditures, including an additional amount to cover reasonably estimated contingencies.

• Earn a reasonable market rate of return consistent with the primary objectives of safety and liquidity.

• Increase the value of funds within the City’s general fund category over time by reinvesting 100% of the interest earnings into the investment portfolio for the purpose of building a financially-strong City and establishing and maintaining funds required for important future City projects.

• Minimize the City's working capital needs and increase interest earnings by investing a high percentage of idle cash with the exception of compensating balances required to pay the City's primary bank for banking services.

• Assure ongoing compliance with all Federal and State laws governing the investment of moneys under the control of the City Treasurer.

III. DELEGATION OF AUTHORITY

The City of Lake Forest's Resolution No. 92-34 appoints the Director of Finance to serve as the Treasurer. It further authorizes the Treasurer to invest or deposit the City's funds in accordance with California Government Code Sections 53600 and 53630 et seq. and all related State and Federal laws.

In the Treasurer's absence, the Treasurer will assign investment responsibilities to City staff. The Treasurer will provide prior written notification to the City Manager and the City Council regarding the designation of responsibilities. In the event that the Treasurer is unable to assign responsibility, the City Manager will select an interim Treasurer.

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The responsibility for establishing, monitoring, and maintaining a strong system of investment controls and directing an independent audit of the investment function is delegated to the City Manager.

The City Manager's designee(s) may assist in carrying out these functions.

The City Council’s primary responsibilities over the investment function includes establishing investment policies, annually reviewing such policies, reviewing monthly investment reports issued by the Treasurer, authorizing bond documents and other unique financing transactions, and authorizing any deviations from the Policy.

IV. SCOPE

This Policy applies to all funds except investments related to the City's Deferred Compensation Plan. Investments related to debt issued will be governed by Sections I, II, III, and Sections X through XVI unless a separate policy is adopted by the City Council. With regard to the Deferred Compensation Plan, investment decisions are made by the individual participant for their own deferred funds.

All funds, except as noted below in this Section (IV Scope), entrusted to the Treasurer will be aggregated in a diversified fixed income and money market portfolio with the exception of any endowments, trusts or grants or other funds which are legally required to be invested in a segregated investment account. The dollar amount of each of the City's fund's principal investment will be recorded in the City's accounting records. Interest earned or accrued and capital gains or losses will be allocated to the individual funds based on the principal invested and average overall return on the portfolio consistent with governmental accounting standards.

Subject to this Policy, the Treasurer is authorized, at his/her discretion, to make specific investments for specific funds when special funds have been set-aside for long-term purposes.

Investments related to debt issues will be invested by the Treasurer in accordance with each issue's respective bond indenture provisions. Investments related to the City's Deferred Compensation Plan (“Plan”) are managed by a third-party administrator and Item: 19
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ADOPTED 12-21-2021

investment and mutual fund selection is directed by the individual Plan participants.

V. INVESTMENT PHILOSOPHY

The City's investment philosophy, policies, practices and procedures are conservative in order to minimize risk.

"The City Council or persons authorized to make investment decisions on behalf of the City investing public funds pursuant to Chapter 4 of Division 2 of Title 5 of the Government Code are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City.”

Any investment officer exercising his/her authority and acting pursuant to the Prudent Investor Rule, in accordance with the City’s Policy, will not be held personally liable for any individual investment losses or for total portfolio losses.

The fundamental principles of the City's conservative philosophy are:

• Diversification of the portfolio by investment type.

• Limits on the amount which can be invested in any one type of investment and on the maximum which can be invested in any one issuer.

• Minimum quality standards for securities' issuers.

• Limits on the maximum maturity of any one investment and monthly reporting of the weighted average maturity (WAM) of the portfolio.

• Passive investment strategy.

Accordingly, the City's philosophy prohibits speculation; i.e., the purchase of securities with the intent to profit from favorable Item: 19
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ADOPTED 12-21-2021

changes in market prices or market conditions. Leveraging or borrowing money for the purpose of investing is specifically prohibited.

The City's passive investment strategy results in the practice of purchasing investments with the intent to hold each investment until its stated maturity. However, the City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity or yield of the portfolio in response to market conditions or City needs.

VI. INVESTMENT SELECTION OBJECTIVES

A. Safety / Preservation of Principal

The City's primary objective is to safeguard the principal value of investment assets. The Treasurer selects each investment based primarily on its relative degree of risk of potential loss of invested capital. Only investments which the fixed income markets generally ascribe a relatively low degree of risk compared to other investment alternatives are purchased.

B. Liquidity

The second objective is to meet the liquidity needs of the City of Lake Forest. Consistent with the City's conservative investment philosophy, all investments purchased will be traded in large daily volumes in the secondary market except for non-negotiable time deposits (Certificates of Deposit) and investment pools.

The City will maintain sufficient cash in the form of cash and short-term money market instruments which, together with projected revenues, will cover at least approximately six months of budgeted capital and operating expenses. To the extent possible, the maturity of investments selected will match the City's projected cash flow requirements.

C. Yield / Return on Investment

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The third objective shall be to achieve a return on the funds under the Treasurer’s control. Investments are selected based upon their suitability for a conservative, risk-averse public portfolio. Thus, investments are selected first on the basis of safety, marketability and maturity and lastly based on
reasonable market rate of return based on the characteristics of the portfolio.

The market-average rate of return is defined as the average return on Treasury securities with a maturity which matches the weighted average maturity of the portfolio as tracked by common fixed income indexes.

VII. PORTFOLIO MATURITY LIMITS

The maximum maturity for any single investment purchase may not exceed five years.

Maturities will be selected based on a sufficiently detailed cash flow projection which facilitates selecting investment maturity dates to approximately match the projected dates for budgeted expenditures.

Once cash flow needs are matched, maturity selection is based on a strategy of laddering maturities and the shape of the yield curve.

Additional maturity limits by investment type which may further restrict individual investment purchases are provided in Section VIII "Allowable Investments."

VIII. ALLOWABLE INVESTMENTS, QUALITY AND LIMIT GUIDELINES

All local agencies are governed by the California Government Code, Sections 53600 et seq. However, consistent with the City's conservative investment philosophy, the types of investments authorized for purchase by the City are further restricted. Limits governing the maximum amount by investment type and the maximum amount which can be purchased by a particular issuer are specified below.

Investments other than government bills, notes, bonds, and agencies are limited based on the quality rating of the issuing institution in order to minimize credit risk. It is to be expected that an issuer's rating may be downgraded from time to time. In the event Item: 19
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that an issuer's quality is downgraded two grades below the City's minimum, the City will sell the investment. In the event an issuer's rating has dropped one grade, the Treasurer will use discretion in determining whether to sell or hold the security based on the current maturity, the loss in value, and the economic outlook for the issuer and other relevant factors. In no event will the Treasurer hold on to an investment solely to avoid an investment loss unless specifically authorized or directed by the City Council after full disclosure of the risks and advantages of such action.

A. United States Treasury Bills, Notes and Bonds

These are instruments issued by the U.S. Treasury. They are backed by the full faith and credit of the federal government.

U.S. Treasury issues are considered to be the safest of all investments. These securities are very liquid and marketable and they offer a wide range of available maturities.

Maximum: No limit

B. Federal Agencies

These are instruments issued by federally-owned or
sponsored Agencies of the federal government. They have either the implied or guaranteed backing of the federal government.

Next to U.S. Treasury issues, Federal Agencies are typically considered the safest class of securities available. These securities are very liquid and marketable and they offer a wide range of available maturities.

Acceptable investments only include traditional fixed-income securities (notes and bonds) as more complex, structured products are not permitted.

Issuer Limits: 70% per Federal Agency or Government
Sponsored Agency.

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Maximum: No Limit

C. Bankers' Acceptances (BAs)

Bankers’ Acceptances (BAs) are a suitable short-term
investment because they provide an attractive yield, and they are considered a relatively safe and liquid investment.

The Bankers’ Acceptance is a time draft drawn on and
accepted by a bank for payment, of the shipment or storage, of merchandise. The initial obligation of payment rests with the drawer, but the bank substitutes its credit standing for that of the borrower and assumes the obligation to pay face value at maturity.

Quality: Only issuer's deemed "eligible" for purchase by the Federal Reserve Bank.

Issuer Limit: 5%

Maturity Limit: 180 days

Maximum: 20%

D. Time Deposits (Non-Negotiable Certificates of Deposit)

A Time Deposit is a non-negotiable instrument evidencing a deposit with a financial institution for a fixed period of time and normally for a fixed rate of interest.

The Federal Deposit Insurance Corporation can insure Time Deposits if issued by a bank, or the Federal Savings and Loan Insurance Corporation if issued by a savings and loan
association.

Quality: Top 25% of peer group as independently rated.

Collateral Requirement: Amounts in excess of the $250,000 FDIC-insured amount are collateralized in accordance with the California Government Code.

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Maximum: 30%

E. Negotiable Certificates of Deposit (Negotiable CDs)

A Negotiable Certificate of Deposit (CD) is a negotiable instrument evidencing a time deposit with a bank. Negotiable Certificates of Deposit shall not exceed the FDIC insurance limit of $250,000.

Quality: Top 25% of peer group as independently rated.

Maximum: 30%

F. Repurchase Agreements

Collateral Requirement: Securities acceptable as collateral shall be securities which are fully or de facto guaranteed as to principal and interest by the United States Government or any agency of the United States. The market value of securities that underlay a repurchase agreement must be valued at 102 percent or greater of the funds borrowed against those
securities. Securities values must be marked to market weekly and be equal to their par value plus an additional standard market percentage. A signed master repurchase agreement shall be on file with the City of Lake Forest prior to execution of any repurchase trades.

Repurchase Agreements (Repo’s) are one of the most flexible investments available to invest short-term funds and, when proper guidelines are followed, relatively safe.

A Repurchase Agreement involves two simultaneous
transactions. One transaction involves the sale of securities (collateral) by a borrower of funds, typically a bank or broker/dealer in governments or agencies, to a lender of funds. The lender can be any investor with cash to invest. The second transaction is the commitment by the borrower to repurchase these securities at the same price plus a
predetermined amount of interest on an agreed future date.

Collateral Requirement: Securities acceptable as collateral shall be securities which are fully or de facto guaranteed as to principal and interest by the United States Government or any Item: 19
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agency of the United States. The market value of securities that underlay a repurchase agreement must be valued at 102 percent or greater of the funds borrowed against those
securities. Securities values must be marked to market weekly and be equal to their par value plus an additional standard market percentage. A signed master repurchase agreement shall be on file with the City of Lake Forest prior to execution of any repurchase trades.

Maturity Limit: 92 days

Maximum: 10%

G. Commercial Paper

Commercial Paper is negotiable corporate dept, usually
unsecured, and issued on a continuous basis for short time frames. Commercial Paper can offer some of the most
attractive short-term rates available, odd amounts of funds can be invested and a wide range of maturities are normally available.

Issuer Limit: 5%

Quality: Highest rating category by a nationally-recognized statistical rating organization, and that satisfies California Government Code section 53601, subdivision (h).

Maximum: 25%

Maturity Limit: 270 days or less

H. Local Agency Investment Fund (LAIF)

The Local Agency Investment Fund (LAIF) allows local
government agencies to obtain higher yields while maintaining safety and liquidity through pooling surplus cash with the State’s surplus cash thereby creating a multi-billion dollar money pool and enabling investment in diversified
instruments.

The LAIF fund is a special fund with the State of California’s Treasury, created by law. The law permits local government Item: 19
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ADOPTED 12-21-2021

agencies to pool surplus monies in this fund and utilize the trained personnel in the State Treasurer’s Office for its investments.

LAIF investments in instruments prohibited by or not specified in the City's Policy do not exclude it from the City's list of allowable investments provided that the fund's reports allow the Treasurer to adequately judge the risk inherent in the portfolio.

Maximum: Maximum amount for each permitted investment account in accordance with LAIF requirements

I. ORANGE COUNTY INVESTMENT POOL (OCIP)

The Orange County Investment Pool (OCIP) allows local
government agencies to voluntary invest surplus cash to obtain competitive yields while maintaining safety and liquidity thereby creating a multi-million dollar County investment pool that utilizes the trained personnel in the County’s Treasurer’s Office for its investments.

The Treasurer’s foremost objective in investing public funds is to ensure that public funds are invested in a manner that provides for maximum security of principal and preservation of capital, while conforming to all Federal and State laws, statutes and resolutions government investment of public funds. The second objective is to maintain sufficient liquidity to enable participants to meet their operating cash flow needs.

Liquidity is essential to the safety of principal. The third and least important objective is to obtain a market rate of return throughout budgetary and economic cycles within the
investment policy risk parameters and cash flow needs.

Maximum: No limit

J. Investment Joint Powers Authorities

The City may invest in investment joint powers authorities provided that the City is a member, that the pool provides Item: 19
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ADOPTED 12-21-2021

comprehensive, timely, monthly reports which include
transaction listings, reports gains and losses, provides market values for securities, provides a quality rating for investment securities, takes delivery of securities prior to payment, third- party safekeeping of all investments, for whom an audit is conducted annually by an independent authority other than the local agency's internal auditors, and that leveraging of the portfolio is not permitted.

Maximum: 30%

Item: 19
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ADOPTED 12-21-2021

K. Money Market Mutual Fund

Quality: Highest rating from not less than two of the three nationally-recognized rating services.

Maximum: 10%

Meet the criteria contained in Government Code Section
53601(l).

L. Prohibited Investments

State law not withstanding, any investments not specifically described herein including, but not limited to, medium term corporate notes, zero coupon bonds, first mortgages or trust deeds, customized mortgage- and asset-backed securities, derivatives, inverse floaters, common stock, equity
investments, securities that could result in zero-interest accrual, range notes, collateralized mortgage obligations, interest-only strips, reverse repurchase agreements,
unregulated and/or uninsured investment pools or trusts except as specified above, futures, options (excluding callable securities as described in Section VIII B), derivative securities and securities with high price volatility, limited marketability, where the interest accrual could be zero if held to maturity, are prohibited. Investment transactions which would impair public confidence in the Lake Forest City government are to be avoided.

IX. REPORTING

The Treasurer shall render a monthly report to the City Manager and the City Council within thirty (30) days following the end of the month covered by the report. The report shall provide the following information:

• Breakdown of portfolio by type of investment, showing dollar amount and percent of portfolio invested in each.

• Side-by-side comparison of the current portfolio to the Policy limits for type, maturity, issuer and quality.

• Annualized return and the weighted average maturity on portfolio.

Item: 19
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ADOPTED 12-21-2021

• Annualized return and the weighted average to call on portfolio.

• Summary of market value by type of security and for total portfolio compared to book value.

• Breakdown by issuer within each investment type with actual vs. allowed percentages and most recent quarterly rating of issuer.

• Distribution of investments broken down by selling institution in dollar amount.

• Any funds, investments or programs, including loans, which are under management of contracted parties.

• Detailed listing of current holdings.

▪ Shows book value, market value (with source at valuation), and par value as of the date of the report

▪ Shows coupon or discount rate, yield to maturity, and total return

▪ Shows type, issuer, seller, and safekeeping institution

▪ Shows purchase date, actual maturity date, and projected maturity date

• A statement denoting the ability of the City to meet its expenditure requirements for the next six months.

• Summary of transactions, by category, of all purchases, maturities, and sales for the period.

• Explanation of degree of interest rate sensitivity inherent in the portfolio.

• Treasurer's compliance statement.

• Narrative explanation of any significant changes.

Item: 19
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X. QUALIFICATIONS OF FINANCIAL INSTITUTIONS WHICH SELL

THE CITY INVESTMENTS

The Treasurer will obtain information from qualified financial institutions to determine if the institution makes markets in securities appropriate to the City's needs, can assign qualified sales representatives and can provide written agreement to abide by the conditions set forth in the City of Lake Forest’s Policy. The Treasurer will recommend to the Council three to six institutions for inclusion on the City's approved list. Any changes to the City's approved list of selling financial institutions must be reviewed by the City Council based on documented rationale. The Treasurer shall review the approved list every five (5) years. Investment accounts with all financial institutions are standard non-discretionary accounts and may not be margin accounts.

A. Broker/Dealers

The purchase by the City of any investment other than those purchased directly from the issuer shall be purchased from a broker/dealer firm that is on the City’s approved list. To be considered for placement on the City’s list, the broker/dealer must comply with the following:

1. Minimum capital of $10 million.

2. Be a “primary” or regional dealer and qualify under the Securities and Exchange Commission (SEC) Rule
15c3-1.

3. Be in operation for at least five (5) years.

4. Submit annual audited financial statements.

5. Submit a completed City of Lake Forest Broker/Dealer Questionnaire.

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ADOPTED 12-21-2021

B. Banks

The City shall purchase securities from banks which are: (1) nationally or State chartered banks, (2) registered as
investment securities dealers, and (3) ranked in the top twenty-five percent (25%) of its peer group as independently rated by a nationally recognized ranking service.

C. The Federal Reserve Bank

Direct purchases of bills, notes, and bonds from the U. S.

Federal Reserve Bank branches are allowed and are exempt from quality requirements.

D. Investment Bankers, Underwriters and Financial Advisors

The purchase by the City of any investments from these
providers in the course of completing a bond transaction must be expressly authorized by the City Council after such a provider discloses their commission, spread, or fee in
approximate dollar amount. Otherwise, the acquisition of such investments must be procured from the broker/dealer
customarily used by the City.

XI. QUALIFICATIONS FOR SAFEKEEPING INSTITUTIONS

The City will safekeep investments only with a Federal or State association (as defined by Section 5102 of the Financial Code), a trust company or state or national bank located within this State or with the Federal Reserve Bank, or with any state or national bank located in any city designated as a reserve city by the Board of Governors of the Federal Reserve System. Such safekeeping institutions must be rated in the top twenty-five percent (25%) of their peer group as ranked by an independent rating service and/or is ranked at least AA or Aa by Standard and Poor’s and Moody’s.

In the event an institution's rating is downgraded two letter rankings or drops in the lower sixty percent (60%) of its peer group, the Treasurer will conduct a Request for Proposal process for an alternative safekeeping bank which meets the City's criteria.

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XII. INVESTMENT CONTROLS

The City Manager will implement and maintain a system of internal investment controls and segregated responsibilities of the investment function in order to prevent fraud, theft, loss of principal, loss of control over funds, inaccurate reporting, negligence, over- reliance on a single employee for investment decisions, controls, transactions, and recording and reporting. In addition to limits related to investment type, quality, maturity and amount, controls will include:

A. Safekeeping of Securities

Third-party safekeeping with an institution is required for all investments. Third-party safekeeping institutions may not act as custodians for any securities which that institution has issued or sold to the City.

Collateral should always be at safekeeping.

Payment procedures for all securities transactions will be delivery vs. payment.

B. Competitive Bidding of Investments

The City's investment procedures require that approved
broker/dealers compete for investment purchases and sales in order that the City obtain the highest yield available in the market for a comparable investment and to ensure that all investment transactions are free from favoritism. A
comparable investment represents a similar instrument
maturing within 90 days of the first quote obtained.

For the purchase of original issuances of Treasury Bills, Notes, and Bonds, the Treasurer shall either rotate among the approved broker/dealers when obtaining one bid or accept the best bid when a minimum of two bids are solicited. For all other investments a minimum of two bids will be solicited. The City Treasurer shall determine the best bid for the City, if any, and act accordingly.

If a specific type of instrument is considered to be necessary for diversification by the City Treasurer, and only one Item: 19
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ADOPTED 12-21-2021

authorized broker owns the targeted instrument, the City Treasurer shall have the authority to purchase the instrument.

C. Annual Management Review and Audit

An annual audit of the City's Policy, practices, procedures, and portfolio status will be conducted by an independent auditor of all items including, but not limited to, items specified in the Audit Checklist provided in the City’s Procedure Manual.

The auditor will provide the City with written observations and recommendations regarding the adequacy of investment
controls.

D. Segregated Investment, Execution, Record Keeping, and Reporting

The Treasurer's investment execution records will be recorded (input) to the City's Investment System by independent City staff. The monthly reconciliation of the Treasurer's investment records to bank, broker/dealer and safekeeping confirmations will be performed by independent staff.

E. Secondary Approval for All Accounts, Agreements, Contracts, and Services

The City Manager will review and approve the establishment of all investment accounts, relationships with investment providers, and any agreements or contracts related to
investments or investment-related services.

F. Wire Transfer Controls

All City wire transfers will be executed in accordance with a written agreement specifying control procedures required for wire transfers of funds; including establishment of repetitive wires to pay for securities transactions with approved
securities dealers as well as any other routine money
transfers. All other non-repetitive wires require City Manager or Assistant City Manager approval prior to release.

Item: 19
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XIII. QUALIFICATIONS OF THE CITY TREASURER AND STAFF

The Treasurer for the City shall be a City employee. The Treasurer will be selected on the basis of educational background and experience relevant to the Treasury function. The City recognizes the need for and is committed to providing on-going education specific to the investment function for the Treasurer and other City staff and officials involved in the investment process.

XIV. POLICY REVIEW

This Policy shall be reviewed annually by the City Council, at a public meeting, to ensure it meets the changing needs of the City, is consistent with the overall objectives of preservation of principal, liquidity, and return, is relevant to current financial and economic conditions, and to ensure that the City's ongoing investment practices and procedures are consistent with the Policy. The City Manager, City Treasurer, and the City Attorney shall review the Policy for compliance with the State Government Code and other related laws prior to submittal to City Council.

Any changes, whether legislative or internal, which impact the Policy will be promptly reported to the City Council.

XV. CONFLICT OF INTEREST

Any firm proposing to provide any type of investment service to the City shall acknowledge their familiarity with the provisions of the Political Reform Act, (Government Code Section 81000 et seq., and 2 Cal. Code of Regs. 18110 et seq., hereinafter “PRA”) and the provisions limiting contractual conflicts of interest under Government Code Section 1090 et seq. Any firm proposing to provide any type of investment service to the City shall also acknowledge their familiarity with and agree to abide by any Federal or State law, regulation, rule, or policy pertaining to or limiting campaign contributions by such firms, their employees, spouses, and agents.

The provisions of the PRA shall continue to apply to require disclosure and disqualification by any City official or employee and shall apply to require disclosure of the same by any candidate for City office.

Item: 19
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ADOPTED 12-21-2021

All persons, firms, dealers, brokers and advisors providing investment service or bond issue assistance shall disclose to the City Manager and the Treasurer all fee sharing, fee-splitting, and commission arrangements with other entities or persons prior to the City agreeing to buy an investment, or issuing bonds.

Item: 19
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ADOPTED 12-21-2021

APPENDIX A

GLOSSARY

BANKER’S ACCEPTANCE (BA)

Banker’s Acceptances (BAs) are instruments which arise from bank letters of credit used by importers to finance purchases of tangible goods from exporters. The letter of credit is transformed into a BA when the exporter’s bank reviews, approves and stamps “accepted” on the draft. A BA is a short-term, negotiable, non-interest bearing note sold at a discount and redeemed by the accepting bank at maturity for full face value. BAs carry the issuer’s pledge to pay, are backed by the underlying goods being financed and also carry the guarantee of the accepting bank. An active secondary market exists in BAs.

BROKER

A middleman who brings buyer and seller together and handles their orders, generally charging a commission for his/her services. In contrast to a “principal” or a “dealer,” the broker does not own or take a position in the security.

BERMUDAN CALL

Securities that may be redeemed according to a pre-specified schedule (e.g., monthly, quarterly or semi-annually) after the initial lockout period.

CALLABLES

Securities that the issuer has the right to redeem prior to maturity.

CAPITAL GAIN/LOSS

Capital is another word for principal. At the purchase of an investment, capital is the cost for the security. It does not include any interest which may have accrued which is included in the total price of the security. At the time of sale, capital is the actual price received for the security. If the price is less than the price paid, a capital loss results. If the price is higher than the original price paid, a principal gain results. Actual or realized gains and losses are only realized at the time of sale, when a bonafide gain or loss occurs. Pursuant to Governmental Accounting Standards Board Statement No. 31 (titled “Accounting and Financial Reporting for Certain Investments and for External Investment Pools”) (GASB #31), a change in Item: 19
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ADOPTED 12-21-2021

the fair value of investments occurs at the end of the period based on the difference between the fair value (or commonly known as market value) at the beginning of the period and at the end of the period. The change in fair value is essentially an unrealized gain or loss.

CERTIFICATE OF DEPOSIT (CD)

See “Negotiable CDs” and “Non-Negotiable CDs.”

CODE

Refers to California Government Code Sections 53600 and 53630 et seq. and all related State and Federal laws.

COLLATERAL

Securities, evidence of deposit, or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. In California, State law requires that repurchase agreements, reverse repurchase agreements, non-negotiable CDs and public deposits be collateralized. Collateral used to secure these investments and public deposits can be any eligible security allowed by State law, ranging from U. S. Treasury securities to mortgages.

COMMERCIAL PAPER

Commercial paper is a promissory note, usually unsecured, issued for a specific amount and maturity on a specific date. Although commercial paper does trade in the secondary market, it is not quite as liquid as treasuries and agencies. Issuers and dealers of commercial paper will, in most cases, buy back their paper. The maximum maturity of commercial paper is 270 days, although, in practice, most maturities range from 1 to 180 days. Commercial paper is normally sold at a discount from face value. Most issuers back their paper with lines of credit from banks to protect investors from the issuer’s potential credit risk. Almost all commercial paper is rated with respect to credit risk.

DEALER

An individual or firm which ordinarily acts as a principal in security transactions. Typically, a dealer buys for his/her own account and sells to a customer from his/her inventory. His/her profit or loss is determined by the Item: 19
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ADOPTED 12-21-2021

difference between the price he/she pays and the price he/she receives for the same security.

DELIVERY

There are two methods of delivery of securities: delivery vs. payment and delivery vs. receipt (also called free). Delivery vs. payment is delivery of securities with an exchange of money for the securities. Delivery vs. receipt is delivery of securities with an exchange of a signed receipt for the securities.

DERIVATIVE

Derivative securities are investments which are created or derived from other securities. A good example is a Treasury strip. Treasury notes and bonds receive interest every six months. Before electronic record keeping, the interest was represented by coupons attached to the physical note or bond. In order to receive interest, the investor presented the coupons.

Therefore, Treasury notes, bonds and all other securities which pay interest semi-annually became known as “coupon securities.” When the principal and coupon portions of a bond are separated, the resulting parts are known as strips, because the coupons have been “stripped” away.

What remains are two different investment types, the interest only strip and the principal only strip. These investments have very different characteristics than the underlying original security.

Other commonly used derivative securities include forward currency contracts, Treasury futures contracts and stock index futures contracts.

Other commonly used derivatives are options. For example, options to buy or sell Treasury securities. These derivatives are most often used to “hedge” a position. Many of these types of derivatives have been around for twenty years or more.

Exotic derivatives are derivatives which have been developed only over the last few years and are relatively untested. Most are not widely traded and they are frequently customized for a particular customer. This group of securities is therefore very illiquid, difficult to value and subject to volatile price swings. Examples of exotics include a wide variety of investment types whose common characteristic is that the interest rate is tied to a particular benchmark rate, or a relationship between rates.

Item: 19
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ELIGIBLE BANKER’S ACCEPTANCES

In the BA market, an acceptance may be referred to as eligible because it is acceptable by the Federal Reserve Bank (Fed) as collateral at the Fed discount window and/or because the accepting bank can sell it without incurring a reserve requirement.

EUROPEAN CALL

Securities that may be redeemed only one time on a pre-specified date after the initial lockout period.

FEDERAL CREDIT AGENCIES

Agencies of the Federal government set up to supply credit to various classes of institutions and individuals; i.e., S & Ls, small business firms, students, farmers, farm cooperatives and exporters.

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)

The Federal Deposit Insurance Corporation (FDIC) is an independent agency of the federal government which preserves and promotes public confidence in the U.S. financial system by insuring deposits in banks and thrift institutions for at least $250,000; by identifying, monitoring and addressing risks to the deposit insurance funds; and by limiting the effect on the economy and the financial system when a bank or thrift institution fails.

FEDERAL HOME LOAN BANKS (FHLB)

The institutions which regulate and lend to savings and loan associations.

The FHLB plays a role analogous to that played by the Fed vis-à-vis member commercial banks.

ISSUER

Any corporation, governmental unit or financial institution which borrows money through the sale of securities.

LIQUIDITY

A liquid asset is one which can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said Item: 19
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ADOPTED 12-21-2021

to be liquid if the spread between bid and asked price is narrow and reasonable size can be done at those quotes. U. S. Treasury bills are very liquid and are sometimes called “cash.”

LOCKOUT PERIOD

The period of time that an issuer of callable securities cannot call the securities.

MAKING A MARKET

A dealer is said to be making a market in a given security when he/she stands prepared to buy or sell at the bid and offer prices that he/she quotes. The market is maintained when he/she continues to quote bids and offerings over a period of time.

MARKETABILITY

A measure of the ease with which a security can be sold in the secondary market.

MATURITY

The date upon which the principal or stated value of an investment becomes due and payable.

MORTGAGE-BACKED SECURITIES

Investments whose principal and interest are generated by the payment of interest and principal on a group or pool of single-family, multi-family, or mobile homes. There are many types of mortgage-backed securities with varying levels of risk. Some mortgage pools are partly insured by a government agency or a private entity. Some mortgage pools are divided, with mortgage principal repayments first paying off certain investors prior to other investors receiving principal repayments. The total return to the investor varies depending upon the rate of repayment of principal, the relationship between the original mortgage rate and prevailing rates, the number of foreclosures, losses due to fire, flood, earthquake, etc. A prudent investor investigates the particular characteristics of each individual pool to determine the level of risk and thoroughly understands the web of economic variables which affect maturity, price volatility, rate of return, and ultimate repayment of capital invested.

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NEGOTIABLE

A term used to designate a security, the title to which is transferable by delivery.

NEGOTIABLE CERTIFICATE OF DEPOSIT

A large-denomination CD is generally issued in $1 million increments.

They are issued at face value and typically pay interest at maturity, if maturing in less than twelve (12) months. CDs which mature beyond this range pay interest semi-annually. Negotiable CDs are issued by: U. S. banks (domestic CDs); U. S. branches of foreign banks (Yankee CDs) and thrifts. There is an active secondary market for negotiable domestic and Yankee CDs. However, the negotiable thrift CD secondary market is limited. Yields on CDs exceed those on U. S. Treasuries and Agencies of similar maturities. This higher yield compensates the investor for accepting the risk of reduced liquidity (CDs, especially those issued by small and less well-known banks, are less liquid) and the risk that the issuing bank might fail. The Code does not require the collateralization of negotiable CDs.

Bank rating services are available to assist the investor in selecting CDs issued by the most creditworthy banks.

NON-NEGOTIABLE CERTIFICATE OF DEPOSIT

A time deposit with financial institution which earns interest at a specified rate for a specified term. Liquidation of the CD prior to maturity incurs a penalty. There is no secondary market for those instruments. They are not liquid. The Code classifies these investments as public deposits and requires all State financial institutions to provide collateral to secure them.

Generally, financial institutions use mortgages to collateralize these deposits. The collateral is held only by financial institutions authorized by the Superintendent of Banks which administrates the collateral program for public agencies. In the event of a default by the financial institution with whom the time deposit was placed, the local agency would own the underlying collateral which it could sell. In practice, it may be difficult to obtain and sell mortgages quickly because of the length of bankruptcy proceedings and the conditions present in the real estate market.

PORTFOLIO

Collection or group of securities held by an investor.

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PRINCIPAL

Principal describes the original cost of a security. It represents the amount of capital or money which the investor puts up for the investment.

RATE OF RETURN

When an investment matures, the investor receives the original amount invested plus interest. The earnings’ rate, expressed as a percentage, is the yield to maturity. When an investment is sold, the investor receives more or less than the original amount invested plus interest earned. The total amount earned expressed as a percent of the original amount invested is the total rate of return. It takes into consideration principal gains and losses.

RATINGS

An evaluation given by Moody’s, Standard & Poor’s, Fitch, or other rating services of a security’s creditworthiness.

REPURCHASE AGREEMENTS (REPOs)

The purchase of portfolio securities by a public body (or any other investor), with a simultaneous agreement to resell the securities back to the seller on a specific future date, at the original purchase price, plus a negotiated interest payment. California State law requires that repurchase agreements be collateralized.

SAFEKEEPING

A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank’s vaults for protection.

SECONDARY MARKET

A market made for the purchase and sale of outstanding issues following the initial distribution. For example, once the U. S. Treasury issues a note, it can be easily bought and sold again in the secondary market.

Item: 19
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SECURED DEPOSITS

Bank deposits of State or local government funds which, under the laws of certain jurisdictions, must be secured by the pledge of acceptable securities (collateral).

TREASURY BILL

A non-interest-bearing discount security issued by the U. S. Treasury to finance the National debt. Most bills are issued to mature in three months, six months or one year.

TREASURY BONDS

Direct debt obligations of the Federal Government, issued by the U.S.

Department of the Treasury with original maturity of a 30 year term.

TREASURY NOTES

Direct debt obligations of the Federal government, issued by the U. S.

Department of the Treasury with original maturity of over one year up to ten years.

WIRE TRANSFER

A computer message system linking major banks. It is used not for effecting payments, but as a mechanism to advise the receiving bank of some action which has occurred; i.e., the payment by a customer of funds into that bank’s account.

YIELD CURVE

When interest rates or yields are plotted across a horizontal axis representing time, for example, three months, six months, one year, etc., the shape which results is called a yield curve. The yield curve is used by investors to assist in the maturity selection process. Since yields are normally higher the longer an investment’s maturity, the shape is usually upward sloping. However, the yield curve moves constantly and may be steep, flat, negatively sloping or some combination of these. Obviously, if a two-year investment yields exactly the same as a three-year investment, a three-year investor is not being compensated for the additional year of credit and interest rate risk.

Item: 19
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ZERO-COUPON BOND

A zero-coupon does not pay any interest until maturity. The coupon of interest portion of the bond is essentially zero percent. These bonds are sold at deep discounts to their par or face value. When the investment matures, the investor receives the full par value.

Item: 19
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APPENDIX B

ILLUSTRATION OF CITY’S DIVERSIFICATION GUIDELINES AND

RELEVANT GOVERNMENT CODE PROVISIONS

City Policy

Investment Type

Government
Code

% Limit of
City’s Total
Portfolio*

City Max. Term
Limit Per
Transaction

Issuer
Limit

U.S. Treasury Bills, Notes,
Bonds

§53601(b); No
limit

No limit

5 years

No limit
Obligations of Federal
Agencies or Government-
Sponsored Enterprises
Federal Home Loan Bank (FHLB)
Federal Farm Credit Bank (FFCB)
Federal Home Loan Mortgage
Corporation (Freddie Mac)
Federal National Mortgage Association
(Fannie Mae)
Federal Agricultural Mortgage
Corporation (Farmer Mac)
Government National Mortgage
Association (Ginnie Mae)
Community Development Corporation
(CDC)
Student Loan Marketing Association
(Sallie Mae)
Small Business Administration (SBA)
Tennessee Valley Authority (TVA)

§53601(f); No
limit
70%

5 years No limit
Banker’s Acceptances §53601(g); 40%
Max.; 180 days

20%

180 days

5%
Time Certificate of Deposit
(Non-negotiable CDs)

§53649; No limit

30%

5 years

FDIC
Insured
or
collatera
lized
Negotiable CDs §53601(i); 30%
Max.

30%

5 years

FDIC
Insured
Repurchase Agreements §53601(j); 1 year 10% 92 days No limit Commercial Paper §53601(h); 25%
Max.; 270 days

25%

270 days

5%
LAIF §16429.1 No limit N/A N/A
OCIP §53684 No limit N/A N/A
Investment Joint Powers
Authorities

30%

N/A

N/A
Item: 19
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§6509.5 and
53601
Money Market Mutual
Funds
§53601(l); 20%
Max.

10%

N/A

* For conformance with this Policy, all percentage limitations are measured
at the time of purchase.

R 9-1-15
Item: 19
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022
DEPARTMENT: Public Works
SUBJECT:

CITYWIDE STREET NAME SIGN PROJECT UPDATE
RECOMMENDED ACTION(S):

1. Approve the design of neighborhood street name signs and direct staff to proceed with the solicitation of bids for the Citywide Street Name Sign Project.

2. Provide direction regarding adding the replacement of Traffic Signal Street Name Signs to the Citywide Street Name Sign Project.

EXECUTIVE SUMMARY:

The City’s Strategic Business Plan (“Strategic Plan”) includes a priority for City attractiveness, which includes investing and maintaining public facilities, infrastructure, and natural resources to enhance the visual character of the city and support attractive neighborhoods. Following the adoption of the Strategic Plan in 2020, staff introduced the Citywide Street Name Sign Project through the 2021-2023 Capital Improvement Program. Redesigning the City’s street name signs was identified by initiative #14 of the City’s Strategic Plan. The purpose of this project is to redesign the City’s street name signs in an attractive way that promotes driver legibility and comports to the standards established by the California Manual on Traffic Control Devices (“CA MUTCD”).

Since the passage of the Strategic Plan, staff worked internally to create a street name sign design that incorporates new aesthetic features while comporting to necessary standards. This new sign design is both more attractive and cost- effective than the current sign design, as signs produced with the new design would be easier to manufacture, use less material, and are mounted with more common hardware. The proposed design would change from the standard County of Orange green background to a much more reflective blue background with the black and white image of the City logo. The black and white image is proposed instead of a color image to reduce the effects of the color fading quickly from sunlight exposure. Both roadway street name signs and overhead traffic signal street name signs could be updated with this project.

Staff recommends the City Council approve the street sign design and direct staff to proceed with soliciting bids for the implementation of the proposed Item: 20
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neighborhood street name signs citywide. Staff also seeks direction regarding replacement of Traffic Signal Street Name signs.

BACKGROUND:

On June 15, 2021, the City Council approved the City’s Strategic Plan. The Strategic Plan includes the major goals established by the City Council and a series of initiatives that facilitate progress towards each goal. As part of Strategic Plan, the second priority area is attractiveness, which consists of investing and maintaining public facilities, infrastructure, and natural resources to enhance the visual character of the City and support quality neighborhoods. Strategic Plan initiative #14 identified the desire to replace and refresh the City’s street name signs. Initiative #14 identified a total budget of $300,000 for Fiscal Years 2021-22 and 2022-23 to cover the costs of updating the City’s street name signs.

DISCUSSION:

Neighborhood Street Name Signs
The City of Lake Forest was incorporated as a city in 1991 from the County of Orange (“the County”). Since being incorporated, the City inherited the County standard street name signs, which is shown below:

Image 1: Standard County of Orange
Street Name Sign
As shown in Image 1 above, the County standard street name sign is a hollow- extruded aluminum box type of sign with a green background, white text, and Item: 20
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little to no retroreflective properties (which is the sheeting on the background of the sign that provides better visibility and illumination in low-light conditions). The CA MUTCD governs what is required for street name signs. In 2004, the CA MUTCD was revised to meet Federal standards regarding retro-reflectivity requirements, text height and size, use of upper-case and lower-case letters, removal of all caps text, and introduced alternative background colors and pictographs for street name signs.

Over the years, the City has replaced some of the deteriorated signs, but the cost to replace the extruded box type of sign has increased. The extra material to manufacture the sign, the specialized mounting brackets, and the requirements from the CA MUTCD has made it costly to continue with this type of street name sign. Therefore, staff identified a more modern, cost-efficient street name sign type known as a “flat blade” (shown below) that will reduce the costs of the signs, make them easier to replace, utilize commonly sourced mounting hardware, and meet the CA MUTCD requirements. The proposed new street name sign includes the City’s logo and a blue background color as shown in Image 2 below.

Traditionally, unincorporated Orange County uses a green background, with most cities using a blue background. The City of Irvine uses a brown background. A change in sign colors for the City would distinguish Lake Forest from the surrounding agencies, such as Laguna Hills and Mission Viejo, which both use the older green County standard street name signs.

Image 2: Proposed Street Name Sign
Traffic Signal Street Name Signs
In addition to approximately 2,300 street name signs along roadways, the City has 345 internally illuminated street name signs (“IISNS”) that are mounted on the overhead traffic signal arms. These signs currently have a green background with no City logo. For consistency citywide, staff recommends replacing the traffic signal overhead street name signs with an updated sign type and design as part of the Citywide Street Name Sign project. The current IISNS in the City consists of Type A sign frames that use fluorescent light bulbs or slim sign frames that have LED lighting on the edges. Each type of existing IISNS is shown below.

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Image 3: IISNS Type A Frame with Fluorescent Bulbs
Image 4: IISNS Slim Frame with LED Edge Lit
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Replacing the fluorescent light bulbs is difficult, as the industry has moved away from the inefficient lighting technology and local hardware stores no longer stock these bulbs with consistency. The slim frame with LED edge lighting is more efficient, but is also more expensive to procure and replace as one of these signs is estimated to cost $4,000 (which include labor and installation). The City only has a handful of the slim frame with LED edge lighting signs, so staff believes it is prudent to keep the frame and update the street name sign and background with the new design as the cost to do so is estimated at $1,000 per sign panel replacement.

This proposed project would replace all the IISNS that utilizes the Type A frame and fluorescent bulbs to a new highly reflective non-illuminated street name sign.

Based on recent bid results from the City of Santa Ana, the estimated replacement cost is $1,500 per sign replacement (which include labor and installation). The State of California (Caltrans) and other nearby cities (for example, Fountain Valley, Rancho Santa Margarita, Santa Ana) standardized the use of non-illuminated street name signs (referred to as reflectorized street name signs) to reduce energy costs, maintenance costs, and improve overall traffic safety. The removal of electrical components and lighting components reduces the need for monthly inspections and routine maintenance of the equipment. With the change to the reflectorized street name sign for traffic signals, the reflective sheeting is more visible than the IISNS and reduces the energy usage and maintenance cost. An example of nighttime visibility is shown below.

Image 5: Reflective Street Name Sign Example
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Based upon a review of recent quotes, inflation-driven increases for materials and labor, the engineer’s estimate for replacement is:
•Neighborhood street name signs - $360,000
•Traffic signal reflectorized street name signs - $520,000 If the traffic signal reflectorized street name signs were added to the project, the estimated cost is approximately $880,000. The City currently spends approximately $38,000 per year maintaining the IISNS with the Type A frame and fluorescent bulbs. The City could expect to save approximately $380,000 over the next ten years with the new sign types.

As part of the 2021-2023 Capital Improvement Program Budget, the City Council previously approved the use of $300,000 for the implementation of the Citywide Street Name Sign project. Staff would propose a budget adjustment at the time of contract award once an actual cost is known.

Staff recommends the City Council approve the design of the new street signs and direct staff to solicit bids for the installation of the signs citywide. The project will start in the southwest Lake Forest area and proceed east as directed by City Council. Staff is also seeking direction on the addition of traffic signal street name sign replacement to the project.

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Initiated By: Tran Tran, Traffic Engineering Manager
Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022
DEPARTMENT: Community Development
SUBJECT:

ADOPTION OF 2022 CALIFORNIA BUILDING STANDARDS CODES WITH LOCAL AMENDMENTS.

RECOMMENDED ACTION(S):

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), TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS, AND DELETIONS; and

2. Direct staff to schedule a January 3, 2023, public hearing to adopt the Ordinance identified in Recommended Action 1, including provision of the appropriate public hearing notices.

EXECUTIVE SUMMARY:

This item provides for the triennial adoption of the newest edition (2022) of the California Building Standards Code (“CBSC”) with local amendments. The 2022 edition of the CBSC will become effective January 1, 2023. This report, together with attachments, outlines the Code adoption process and summarizes staff and Orange County Fire Authority ("OCFA") recommended local amendments. Local amendments are considered "reasonably necessary" due to local climatic, geological, or topographical conditions and to facilitate administration of codes upon adoption/readoption. There is minimal fiscal impact associated with the recommended action.

BACKGROUND:

On November 15, 2022, staff presented a draft ordinance (Attachment 1) providing for adoption of the 2022 edition of the CBSC with local amendments and the 2021 editions of the International Property Maintenance Code ("IPMC") Item: 21
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and International Swimming Pool and Spa Code ("ISPSC”) for City Council consideration and first reading (see Attachment 2 – November 15, 2022, Staff Report). Correspondence regarding the draft ordinance and OCFA's plan review process from the Building Industry Association Orange County Chapter (“BIAOC”), and OCFA's written response to this letter, was also provided at the meeting (Attachments 3 and 4, respectively).

At that November 15, 2022, meeting, the City Council directed staff to reschedule the first reading of the draft ordinance for the December 6, 2022, City Council meeting, citing the need for additional time to review the correspondence from BIAOC and OCFA. The City Council also indicated that a meeting(s) with BIAOC and/or OCFA staff to discuss their respective comments and concerns may be requested. The City Council also expressed concerns regarding the adoption of the IPMC and ISPSC, pending further review and evaluation of these codes.

Subsequent to the November 15, 2022, City Council meeting, Councilmember Tettemer and staff met with OCFA Assistant Chief/Fire Marshal Lori Smith to discuss the correspondence from BIAOC and OCFA. Following this meeting, staff had two conversations with BIAOC representatives wherein they acknowledged receipt of OCFA's written response to BIAOC's letter and the desire of both parties to further coordinate with respect to the OCFA plan review process.

DISCUSSION:

In accordance with City Council direction, this item presents the draft ordinance adopting the 2022 edition of CBSC with local amendments for first reading (Attachment 1). The draft ordinance has been revised, however, to delete references to the IPMC and ISPSC. This revision streamlines the process by limiting the ordinance to the essential CBSC adoption and local amendments. As stated by staff at the November 15, 2022, City Council meeting, the IPMC and ISPSC are not part of the CBSC, and no urgency exists with respect to adoption of these codes. A full discussion of the draft ordinance and local amendments is provided in the attached November 15, 2022, staff report (Attachment 2).

The recommended action provides for first reading of the draft ordinance and for scheduling of a public hearing of the draft ordinance for January 3, 2023. The January 3, 2023 date is the earliest regular meeting of the City Council that allows for the required public hearing notices to be published as required by State law. Adoption of the ordinance on January 3, 2023, would provide for local amendments to take effect on February 3, 2023; whereas the 2022 edition of the CBSC will take effect January 1, 2023, with or without any further action by the City Council. All currently adopted local amendments, with the exception of administrative provisions (fees, penalties, enforcement) will be unenforceable Item: 21
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effective January 1, 2023. While the recommended local amendments address unique local climatic, geological, or topographical conditions of the Southern California region and provide more robust protections, the 2022 CBSC provides adequate protections of public health, safety, and welfare during the interim period.

FISCAL IMPACT:

The recommended actions have minimal fiscal impact.

ATTACHMENTS:

1. Draft Ordinance Amending and Adopting the 2022 Editions of the CBSC, with Local Amendments

2. November 15, 2022, City Council Staff Report and Attachment

3. October 19, 2022, Correspondence From BIAOC

4. October 24, 2022, Correspondence From OCFA
Initiated By: Ron Santos, Senior Planner
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
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CC ATTACHMENT 1

ATTACHMENT 1
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ORDINANCE NO. __

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),

TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS,

AND DELETIONS
WHEREAS, pursuant to California Government Code section 50022.1 et seq. the City of Lake Forest (“City”) may adopt by reference the California Building Standards Code, 2022 Edition as provided in Title 24 of the California Code of Regulations; and
WHEREAS, the California Building Standards Commission (the "Commission") adopted the 2022 California Building Standards Code, which will come into effect on January 1, 2023; and
WHEREAS, California Health & Safety Code sections 17958.5 and 18941.5 authorize cities and counties to modify the California Building Standards Code by adopting more restrictive standards and modifications if such standards and modifications are accompanied by express findings that they are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the City desires to adopt the California Building Standards Code with the necessary amendments to assure the Codes are tailored to the particular safety needs of the City as required by its unique climatic, geological, and topographical conditions; and
WHEREAS, the City held a public hearing on January 3, 2023 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the California Building Standards Code as amended herein; and WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on December 22, 2022 and December 29, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings. The City Council hereby finds that the proposed amendments to the 2022 California Building Standards Code are reasonably necessary because of local climatic, geologic, or topographic conditions, and adopts the findings provided below to support the modifications to the 2022 California Building Standards Code.

I. Climatic Conditions
A. The jurisdiction of Lake Forest is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, streetlights, and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene. Additionally, there is a significant increase in the amount of wind force at 60 feet above the ground. Use of aerial type firefighting apparatus above this height would place rescue personnel at increased risk of injury.

B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the Orange County Fire Authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County.

C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California.

Due to storage capacities and consumption, and a limited amount of rainfall, future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of Item: 21
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available water and an inability to pump sufficient quantities of available water to floors in a fire.

D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

II. Topographical conditions
A. Natural slopes of 15 percent or greater generally occur throughout the foothills of Orange County. The elevation change caused by the hills creates the geological foundation on which communities within Orange County are built and will continue to build. With much of the populated flatlands already built upon, future growth will occur on steeper slopes and greater constraints in terrain.

B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County.

C. These topographical conditions combine to create a situation which places fire department response time to fire occurrences at risk and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.

III. Geological Conditions
The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County.

The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for Item: 21
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reoccurrence of earthquakes is recommended by the State of California, Department of Conservation.

A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.”
B. Road circulation features located throughout the County also make amendments reasonably necessary. Located throughout the County are major roadways, highways, and flood control channels that create barriers and slow response times. Hills, slopes, street, and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange County that naturally have extended emergency response times that exceed the 5-minute goal.

C. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes in contact with soils are utilized.

D. Portions of the County contain active or former oil production fields. These areas contain a variety of naturally occurring gasses, liquids, and vapors. These compounds present toxicity or flammability hazards to building occupants. Evaluation of these hazards and the risks they pose to development is necessary to implement appropriate mitigation.

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damage inherent in the seismic zone described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) requirements for a given structures. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority.

IV. Administrative
This amendment is necessary for administrative clarification and does not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17985.7, and/or 18941.5. This amendment establishes administrative standards for the effective enforcement of the building standards in the City of Lake Forest.

The findings above are applicable to amendments to the 2022 California Building Code, California Residential Code, California Electrical Code, California Plumbing Code, California Mechanical Code, California Fire Code, as detailed in the following tables:

Code
Section
Section
Amended
Section
Added
California Building Code
Local Amendment
Findings
105.2 X Work Exempt from Permit,
Building Item 2 Admin
105.3.2 X Expiration of Plan Review Admin
105.5 X Expiration Admin
109.1 X Payment of Fees Admin
109.2 X Schedule of Permit Fees Admin
109.6 X Fee Refunds Admin
109.7 X Plan Review Fees Admin
109.8 X Investigation Fees Admin
110.7 X Reinspections Admin
111.3 X Temporary Occupancy Admin
113.4 X Establishment – Board of
Appeals Admin
114.1 X Unlawful Acts Admin
117 X Underground Utilities Required Admin
202 X Definitions – “Spark Arrested”
Added Admin
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701A.3 X Application I, II, & III
903.2 X Where Required I, II, & III
903.2.8 X Group R I, II, & III
903.3.5.3 X Hydraulically calculated
systems I, II, & III
903.4 X Sprinkler system supervision
and alarms – Exceptions to I, II, & III
905.4 X Location of Class I Standpipe
Hose Connections I, II, & III
T1505.1 X
Minimum Roof Covering
Classifications, Types of
Construction

I, II, & III
1505.1.2. X Roof Coverings Within All Other
Areas I, II, & III
Code
Section
Section
Amended
Section
Added
California Residential Code
Local Amendment
Findings
R105.2 X Work Exempt from Permit,
Building Item 2
Admin
R105.3.2 X Time Limit of Application Admin
R105.5 X Expiration Admin
R108.1 X Payment of Fees Admin
R108.2 X Schedule of Permit Fees Admin
R108.5 X Refunds Admin
R108.7 X Plan Review Fees Admin
R108.8 X Investigation Fees Admin
R109.5 X Reinspections Admin
R110.4 X Temporary Occupancy Admin
R112.1 X General – Board of Appeals Admin
R113.4 X Violation penalties Admin
Code
Section
Section
Amended
Section
Added
California Electrical Code
Local Amendment
Findings

89.108.5.2 X Enforcement Admin

89.108.4.2 X Fees Admin

89.108.11 X Penalties Admin
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Code
Section
Section
Amended
Section
Added
California Plumbing Code
Local Amendment
Findings
104.5 X Fees Admin
104.5.3 X Fee Refund
106.3 X Penalties Admin
Code
Section
Section
Amended
Section
Added
California Mechanical Code
Local Amendment
Findings
104.3.3 X Time Limitation of Application Admin
104.5 X Permit Fees Admin
104.5.3 X Fee Refunds Admin
Code
Section
Section
Amended
Section
Added
California Fire Code Local
Amendments
Findings
112.4 X Violation penalties Admin
112.4.2 X Infraction and misdemeanor Admin
202 X General Definitions – Added
“OCFA” and “Spark Arrester”
Admin
304.1.2 X Vegetation I & II
305.6 X Hazardous conditions I & II
305.7 X Disposal of rubbish I & II
307
X
Open burning, recreational fires,
fire pits, fire rings, and outdoor
fireplaces
Admin
307.6
X
Outdoor Fireplaces, Fire Pits,
Fire Rings, and Outdoor
Fireplaces
I & II
307.6.1 X Gas-fueled devices I & II
307.6.2 X Devices using wood or fuels
other than natural gas or LPG
I & II
307.6.2.1 X Where prohibited I & II
324 X Fuel modification requirements
for new construction
N/A
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325
X
Clearance of brush or
vegetation growth from
roadways
N/A
326 X Unusual circumstances N/A
327 X Use of equipment N/A
327.1
X
Equipment and devices
generating heat, sparks or open
flames
I & II
327.2 X Spark arresters N/A
407.5 X Hazardous materials inventory
statement
Admin
501.1 X Scope (fire service features) Admin
510.1 X Emergency responder radio
coverage in new buildings
Admin
903.2 X Where required (Sprinklers) II & III-B
903.2.8 X Group R (Sprinklers) II-B & III-B
903.3.5.3 X Hydraulically calculated systems I & II
2801.2 X Permit (Miscellaneous
combustible storage)
Admin
2808.2 X Storage site Admin
2808.3 X Size of piles I
2808.4 X Pile separation I
2808.7 X Pile fire protection I
2808.9 X Material-handling equipment I
2808.11 X Temperature control I
2808.11.1 X Pile temperature control I
2808.11.2 X New material temperature
control
I
2808.12 X Water availability for piles I
2808.13 X Tipping area I
2808.14 X Emergency contact Admin
2808.15 X Defining maximum separation
contact
Admin
2808.16 X Push-out area Admin
4903.3 X OCFA Vegetation Management
Guideline
I
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5001.5.2 X Hazardous materials inventory
statement (HMIS)
Admin
5003.1.1.1 X Extremely hazardous
substances

I & III
5608.2 X Retail fireworks Admin
5608.3 X Application for permit Admin
5801.1 X Scope Admin
Chapter
80 X X Referenced Standards I, II, & III

16.12.3.3;

9.4.3.1;

9.2.1.7 X
NFPA 13 2022 Edition,
Standard for the Installation of
Sprinkler Systems
I & II

7.1.2 X
NFPA 13-D 2022 Edition,
Standard for the Installation of
Sprinkler Systems in One- and
Two-Family Dwellings and
Manufactured Homes
I & II

7.3.1.1 X
NFPA 14 2019 Edition
Installation of Standpipe and
Hose Systems
I & II

6.2.8.1;

6.2.9;

10.1.5;

10.4.1.1;

10.4.1.1.1;

10.4.3.2 X X
NFPA 24 2022 Edition Standard
for the Installation of Private Fire
Service Mains and Their
Appurtenances
I & II
SECTION 2. Chapter 8.02 of the Lake Forest Municipal Code is hereby amended and restated in its entirety to read as follows:
“Chapter 8.02 California Building Code

8.02.001 Adoption of California Building Code.

The California Building Code, 2022 Edition (California Code of Regulations Title 24, Part 2), based on the 2021 International Building Code as published by the International Code Council, including Chapter 1, together with the amendments provided in this chapter, is hereby adopted by reference as the Building Code of the City of Lake Forest, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and/or structures in the City.

8.02.020 California Building Code amended.

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The 2022 California Building Code is hereby amended as follows:

A. Chapter 1 Division II -- Section 105.2, “Work Exempt From Permit,” Building Item 2, of the California Building Code is hereby amended to read as follows:

2. Fences not over six feet (2134 mm) tall.

Exception: Walls and fences less than six feet in height which are required as a condition of project approval are required to have permits.

B. Chapter 1 Division II – Section 105.3.2, “Expiration of plan review,” is amended to read as follows:
105.3.2 Expiration of Plan Review. Any application for a permit for any proposed work shall be deemed to have been abandoned within one calendar year following the date of application, unless a permit is issued, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. No extensions shall be allowed. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay the required fees.

C. Chapter 1 Division II Section 105.5, “Expiration,” is amended to read as follows:

Section 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Before such work can be recommenced a new permit shall be first obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work; provided, however, that:

1. No changes have been made or will be made in the original plans and specifications for such work; and

2. Such suspension or abandonment has not exceeded one year; and

3. A re-endorsement of the compliance of the plans with the applicable regulations, by the Director of Community Development, shall be obtained.

In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.

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is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee one or more times for a period not exceeding 180 days each, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Such written request shall be submitted no later than 60 days after expiration of the permit.

D. Chapter 1 Division II Section 109.1, “Payment of Fees,” is amended to read as follows:
109.1 Payment of Fees. A fee as established by Resolution of the City Council shall be paid for each permit at time of issuance.

E. Chapter 1 Division II Section 109.2, “Schedule of Permit Fees,” is amended to read as follows:
109.2 Schedule of Permit Fees. Permit and plan check fees shall be based on the current City of Lake Forest fee schedule adopted by the City Council and amended from time to time. When applicable, the determination of value or valuation under any of the provision of this Code shall be made by the Building Official. In instances where project valuation is used to determine permit and/or plan check fees, the value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems, and any other permanent equipment.

F. Chapter 1 Division II Section 109.6, “Fee Refunds,” is amended to read as follows:
109.6 Fee Refunds. The Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.

The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code.

The Building Official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.

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The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. No refund will be made for less than $30.00. Permit and plan check fees will be refunded in their entirety when collected in error.

G. Chapter 1 Division II Section 109.7, “Plan Review Fees,” and Section 109.8, “Investigation Fees,” are added to read as follows:
109.7 Plan Review Fees. When submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be established by Resolution of the City Council.

The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 109.1 and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee shall be charged at the rate shown in the fee schedule.
109.8 Investigation Fees: Work without a Permit.
109.8.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 109.8.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this Code. The minimum investigation fee shall be the same as the minimum fee set forth in the fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalty prescribed by law.

H. Chapter 1 Division II – Section 110.7, “Reinspections,” is hereby added to read as follows:

Section 110.7 Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

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This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.

Reinspection fees may be assessed when the inspection record card is not posted or otherwise made available on the work site; the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official.

To obtain a reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee as established by the City Council.

In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

I. Chapter 1 Division II – Section 111.3, “Temporary occupancy,” is hereby amended to read as follows:
111.3 Temporary occupancy. If the Building Official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, he or she may issue a Temporary Certificate of Occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. The application fee for such Temporary Certificate shall be as established by the City Council. The Temporary Certificate of Occupancy may be subject to such conditions as deemed necessary by the Building Official. The violation or failure of any such condition imposed shall be grounds for revocation of such Temporary Certificate of Occupancy.

J. Chapter 1 Division II – Section 113.4, “Establishment,” is hereby added to read as follows:
113.4 Establishment. The City Council shall be the Board of Appeals.

K. Chapter 1 Division II – Section 114.1, “Unlawful acts,” is hereby amended to read as follows:
114.1 Unlawful acts.

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It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure, or cause or permit the same to be done in violation of this Code.

Any person, firms, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.

L. Chapter 1 Division II – Section 117, “Underground Utilities Required,” is hereby added to read as follows:

SECTION 117 UNDERGROUND UTILITIES REQUIRED.

The Building Official shall, as a condition precedent to the issuance of a Building Permit, require all utility services located within the exterior boundary lines of lot or parcel of property to be installed underground if:

1. The property is to be developed with a new or relocated main building;

2. The remodeling, alteration, or addition to an existing main building exceeds 50 percent of the value and/or area of the existing building;

3. A residential building or use is converted to any nonresidential use or purpose.

For purposes of this section, the term “main building” shall mean a building in which is conducted the principal use of the lot or building site on which it is located. If it is determined that practical difficulties, or unreasonable hardships inconsistent with the purposes of this chapter and unique to a particular parcel of property, would result from the literal interpretation of this section, the Building Official may waive, modify, or delay the imposition of any undergrounding requirement imposed pursuant to the section upon written application of any affected property owner. The Building Official shall notify the applicant of his decision in writing by certified mail. If the Building Official determines to delay the installation of required underground utilities, he may require a recorded agreement guaranteeing the future performance of the work, together with adequate performance security enforceable by the City in the form of a cash deposit, bond, letter of credit, or other instrument or security satisfactory to the City Attorney.

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For purposes of this section, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed above ground.

Any person dissatisfied with the decision of the Building Official may file an appeal pursuant to Section 2.04.100 to 2.04.130 of the Lake Forest Municipal Code.

The owner or developer of the property is responsible for complying with requirements of this section and shall provide all necessary facilities on the property to receive such service from the supplying utilities.

M. Section 202, “Definitions,” is hereby revised by adding “Spark Arrester,” as follows:

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

N. Adopt Chapter 7A, “Materials and Construction Methods for Exterior Wildfire Exposure,” in its entirety with the following amendments:
701A.3 Application. New buildings located in any Fire Hazard Severity Zone, or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date, and additions to and remodel of buildings constructed before 2012 located in areas currently designated as such, shall comply with the provisions of this chapter. The provisions shall also apply to additions, remodels, and accessory structures located within 100 feet of a fuel modification zone, vegetation management area, or similar area containing hazardous combustible vegetation, regardless of whether the property is currently located in a designated Fire Hazard Severity Zone or Wildland-Urban Interface Fire Area, when materials and/or construction methods for exterior wildfire exposure were previously required at the property by the Building or Fire Code Official.

Exceptions:

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1. Buildings of an accessory character classified as a Group U occupancy and not exceeding 120 square feet in floor area, when located at least 30 feet from the applicable building.

2. Buildings of an accessory character classified as a Group U occupancy of any size located least 50 feet from an applicable building.

3. Buildings classified as a Group U Agricultural Building, as defined in Section 202 of this code (see also Appendix C – Group U Agricultural Buildings), when located at least 50 feet from an applicable building.

O. Adopt Chapter 9 of the California Building Code, “Fire Protection Systems,” in its entirety with the following amendments:

1. Section 903.2, “Where Required,” is hereby revised to read in its entirety as follows:
903.2 Where Required. Approved automatic sprinkler systems in buildings and structures shall be provided when the following condition exists:

New Buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.12, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area, as defined in Section 202, exceeds 5,000 square feet (465 square meters) or more than two stories in height, regardless of fire areas or allowable area.

Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code.

Group R-3 occupancies. Group R-3 occupancies shall comply with Section 903.2.8.

2. SECTION 903.2.8, “Group R,” is hereby revised as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

New Buildings: An automatic sprinkler system shall be installed throughout all new buildings.

Existing Buildings: An automatic sprinkler system shall be installed throughout any existing building when the floor area of the Alteration within any two-year period exceeds 50% of area of the existing structure and the building area exceeds 5,500 square feet. When the cost of installing an approved automatic Item: 21
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sprinkler system exceeds 5% of the cost of the Alteration, with the approval of the Fire Code Official, the required automatic sprinkler system may be omitted.

Exceptions to Existing Buildings requirement:

1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies not housing non-ambulatory clients above the first floor, and not housing clients above the second floor.

2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one non-ambulatory client and complying with Section 425.8.3.3 of the California Building Code.

3. Pursuant to Health and Safety Code Section 13113 occupancies housing ambulatory children only, none of whom are mentally ill or mentally- disabled, and building or portions thereof housing such children not more than two stories in height, which have an automatic fire alarm system activated by approved smoke detectors.

4. Pursuant to Health and Safety Code Section 13143.6, occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years) or elderly (65 years of age or over).

When not used in accordance with Section 504.2 or 506.3 of the California Building Code, an automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in Group R-2.1 occupancies.

An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies.

3. Section 903.3.5.3, “Hydraulically calculated systems,” is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3:

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4. The Exceptions to Section 903.4, “Sprinkler system supervision and alarms,” are hereby amended by deleting Exception 3 and Exception 5 and renumbering and further amending the Exceptions as follows:

1. Automatic sprinkler systems protecting one- and two- family dwellings.

2. Limited area systems serving fewer than 20 sprinklers.

3. Jockey pump control valves that are sealed or locked in the open position.

4. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position.

5. Trim valves to pressure switches in dry, preaction and deluge sprinkler systems that are sealed or locked in the open position.

5. Section 905.4, “Location of Class I Standpipe Hose Connections,” is hereby amended by adding Item 7 as follows:

7. The centerline of the 2.5-inch (63.5 mm) outlet shall be no less than 18 inches (457.2 mm) and no more than 24
inches above the finished floor.

P. Table 1505.1 is hereby amended to read as follows:

TABLE 1505.1

MINIMUM ROOF COVERING CLASSIFICATIONS

TYPES OF CONSTRUCTION
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IA IB IIA IIB IIIA IIIB IV VA VB

B B B B B B B B B
Q. Section 1505.1.2, “Roof Coverings Within All Other Areas,” is hereby amended to read as follows:
1505.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.

SECTION 3. Chapter 8.06 of the Lake Forest Municipal Code is hereby added in its entirety to read as follows:
“Chapter 8.06 California Residential Code

8.06.001 Adoption of California Residential Code.

The California Residential Code, 2022 Edition (California Code of Regulations Title 24, Part 2.5), based on the 2021 International Residential Code as published by the International Code Council, together with the amendments provided in this chapter, is hereby adopted by reference as the Residential Code of the City of Lake Forest, regulating the construction of one- and two-family residential dwellings within the City, of which Code not less than one copy has been made and is now filed in the office of the City Clerk; and the same is adopted and incorporated as fully as is set forth at length herein.

8.06.020 California Residential Code amended.

A. Chapter 1 Division II Section R105.2, “Work exempt from permit,” Building Item 2, of the California Residential Code shall be amended to read as follows:

2. Fences not over six feet high.

Exception: Walls and fences six feet in height or less which are required as a condition of project approval are required to have permits.

B. Chapter 1 Division II Section R105.3.2, “Time limitation of application,” of the California Residential Code is amended to read as follows:

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R105.3.2 Time Limit of Application. Time limit of application. Any application for a permit for any proposed work shall be deemed to have been abandoned within one calendar year following the date of application, unless a permit is issued, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. No extensions shall be allowed. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay the required fees.

C. Chapter 1 Division II Section R105.5, “Expiration,” of the California Residential Code is amended to read as follows:

1. No changes have been made or will be made in the original plans and specifications for such work; and

2. Such suspension or abandonment has not exceeded one year; and

3. A re-endorsement of the compliance of the plans with the applicable regulations, by the Director of Community Development, shall be obtained.

In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee one or more times for a period not exceeding 180 days each, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Such written request shall be submitted no later than 60 days after expiration of the permit.

D. Chapter 1 Division II Section R108.1, “Payment of fees,” of the California Residential Code is amended to read as follows:

R108.1 Payment of Fees. A fee as established by Resolution of the City Council shall be paid for each permit at time of issuance.

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E. Chapter 1 Division II Section R108.2, “Schedule of permit fees,” is amended to read as follows:

R108.2 Schedule of Permit Fees. The determination of value or valuation under any of the provision of this Code shall be made by the Building Official.

The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment.

F. Chapter 1 Division II Section R108.5, “Refunds,” is amended to read as follows:

R108.5 Fee Refunds. The Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.

The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.

The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. No refund will be made for less than $30.00. Permit and plan check fees will be refunded in their entirety when collected in error.

G. Chapter 1 Division II Section R108.7, “Plan Review Fees,” is added to read as follows:

R108.7 Plan Review Fees. When submittal documents are required by Section R106.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be established by Resolution of the City Council.

The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 109.1 and are in addition to the permit fees.

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When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee shall be charged at the rate shown in the fee schedule.

H. Chapter 1 Division II Section R108.8, “Investigation Fees: Work without a Permit,” is added to read as follows:

R108.8 Investigation Fees: Work without a Permit.

R108.8.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

R108.8.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in the fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

I. Section R109.5, “Reinspections,” is hereby added to the California Residential Code is to read as follows:

Section R109.5 Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.

To obtain a reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee as established by the City Council.

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In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

J. Section R110.4, “Temporary occupancy,” of the California Residential Code is amended to read as follows:

R110.4 Temporary Certificate. If the Building Official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, he or she may issue a Temporary Certificate of Occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. The application fee for such Temporary Certificate shall be as established by the City Council. The Temporary Certificate of Occupancy may be subject to such conditions as deemed necessary by the Building Official. The violation or failure of any such condition imposed shall be grounds for revocation of such Temporary Certificate of Occupancy.

K. Section R112.1, “General,” of the California Residential Code is amended to read as follows:

R112.1 General. The City Council shall be the Board of Appeals.

L. Section R113.4, “Violation penalties,” of the California Residential Code is amended to read as follows:

R113.4 Violations.

It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure, or cause or permit the same to be done in violation of this Code.

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SECTION 4. Chapter 8.14 of the Lake Forest Municipal Code is hereby amended and restated in its entirety to read as follows:
“Chapter 8.14 California Electrical Code

8.14.001 Adoption of California Electrical Code.

California Electrical Code, 2022 Edition (California Code of Regulations, Title 24, Part 3), based on the 2020 National Electrical Code as published by the National Fire Protection Association, including Article 89, together with the amendments provided in this chapter, is hereby adopted by reference as the Electrical Code of the City of Lake Forest, regulating all installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the City, of which Code not less than one copy has been made and is now filed in the office of the City Clerk; and the same is adopted and incorporated as fully as is set forth at length herein.

8.14.010 California Electrical Code amended.

A. Section 89.108.5.2 is hereby added to the California Electrical Code to read as follows:

89.108.5.2 Enforcement.

This Code is intended to be suitable for mandatory application by the City of Lake Forest over electrical installations within incorporated territory of the City.

The Building Official of the City of Lake Forest shall have the authority for enforcement of the Code and the responsibility for making interpretations of the rules, for deciding upon the approval of equipment, materials and wiring methods as set forth in the California Electrical Code, and for the granting the special permission contemplated in a number of the rules.

The Building Official may waive specific requirements in this Code or permit alternate methods, where it is assured that equivalent objectives can be achieved by establishing and maintaining effective safety.

This Code may require new products, constructions, or materials which may not yet be available at the time the Code is adopted. In such event, the Authority Having Jurisdiction may permit the use of the products, constructions, or materials which comply with the most recent previous edition of this Code adopted by the jurisdiction.

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B. Section 89.108.4.2 of the California Electrical Code is amended to read as follows:

89.108.4.2 Fees.
(a) Fees shall be established by resolution of the City Council. (b) The fees required in this section must be paid to the City for each electrical installation for which a permit is required by this Code. (c) No permit shall be issued to any person, firm or corporation unless all fees for permits or additions to permits are paid in full. When an electrical plan is required to be submitted, a plan check fee shall be paid at the time of submittal.
(d) Failure to take out a permit and to pay fees before commencing work shall be deemed evidence of violation of the provisions of this Code. Double the amount of permit fees shall be assessed for work commenced before a permit is issued.
(e) Whenever any work for which a permit is required under the provisions of this Code has been commenced without the authorization of such permit, a special investigation may be required before a permit will be issued for such work. In addition to the regular permit fee and any penalty fee, the said special investigation fee which may be collected shall be established by resolution of the City Council.
(f) Fees for annual permits shall be paid at the time such permits are issued.

In addition, fees for all new work installed under such permit since the date of the previous inspection shall be paid, in accordance with the fee schedule, at the time the annual permit is issued.
(g) Fees for additional inspections.
(1) Each permit shall be entitled to one reinspection without additional charge, in addition to the required number of inspections established by the Building Official. On jobs which may be completely inspected on one inspection trip, two inspection trips will be allowed without additional charge for said second trip.

Exception: The number of inspection trips will not be limited on progress jobs; provided, however, that only one inspection will be permitted for checking a correction. For the purpose of this section, progress jobs are those where circumstances beyond the control of the installer make it impossible for the electrical work to be completed at any specific time.

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(2) If more inspection trips than specified in paragraph (g)(1) above are required due to the fault or error on the part of the installer or his employees, an additional fee as established by resolution of the City Council may be required of the installer for each additional inspection trip.
(h) Refunds.
(1) The Building Official shall collect such fees as are provided to be paid by this Code. He shall make no refunds on fees collected amounting to less than $30.00, or on any plan checking fee or on any permit fee where one year has elapsed from the date of issuance.
(2) Refunds may be made to the permittee in the amount equal to 80 percent of the permit fee paid where work authorized by said permit has not commenced.
(3) Refunds may be made in an amount equal to 100 percent of the amount paid for each permit when a permit has been inadvertently issued outside the jurisdiction of the City or duplicate permits have been issued and two fees have been collected for the same work.

C. Section 89.108.11 is hereby added to the California Electrical Code to read as follows:

89.108.11 Penalties. Any person, firm, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted; and upon conviction of any such violation such person shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.”
SECTION 5. Chapter 8.16 of the Lake Forest Municipal Code is hereby amended and restated in its entirety to read as follows:
“Chapter 8.16 California Plumbing Code

8.16.001 Adoption of California Plumbing Code.

California Plumbing Code, 2022 Edition (California Code of Regulations, Title 24, Part 5), based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, including Chapter 1, together with the amendments provided in this chapter, is hereby adopted by reference as the Item: 21
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Plumbing Code of the City of Lake Forest, regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the City, of which Code not less than one copy has been made and is now filed in the office of the City Clerk; and the same is adopted and incorporated as fully as is set forth at length herein.

Whenever the term “Authority Having Jurisdiction” is used in this Code, it shall mean the Building Official of the City.

Whenever the terms “Building Official” and “assistants” are used in this Code, they shall be construed to mean the Director of Community Development for the City of Lake Forest or her designated representative.

8.16.010 California Plumbing Code amended.

A. Section 104.5, “Fees,” of Chapter 1 of the Plumbing Code is hereby amended to read as follows:

Section 104.5 Fees
104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as set forth by Resolution of the City Council.

Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this Code, except when it can be proven to the satisfaction of the Building Official that an emergency existed which made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this Code nor from any other penalties prescribed herein.

For the purpose of this section, a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached shall be construed to be a fixture. Fees for reconnection and retest of existing plumbing systems in relocated buildings shall be based on the number of plumbing fixtures, gas systems, water heaters, or other appliances involved.

When a permit has been obtained to connect an existing building or existing work to the public sewer or to a new private disposal facility, backfilling of private sewage disposal facilities abandoned consequent to such connection is included in the building sewer permit.

B. Section 104.5.3, “Fee Refunds,” of Chapter 1 of the Plumbing Code is hereby Item: 21
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amended to read as follows:

Section 104.5.3 Fee Refunds.
104.5.3.1 Refunds. Permit fee refunds will be made in an amount equal to 80 percent where work authorized by said permit has not commenced; except that no refund will be made for less than $30.00, and no refund will be made if one year has elapsed from the date of permit issuance.
104.5.3.2 Plan check fee refunds will be made in an amount equal to 80 percent if the request for such refund is received before the commencement of the first complete plan check; except that no refund will be made for less than $30.00, and no refund will be made if one year has elapsed from the date of plan check fee payment.
104.5.3.3 Permit and plan check fees will be refunded in their entirety when inadvertently paid for a project outside the jurisdiction of the City or as duplicate fees, except that no refund will be made if 1 year has elapsed from the date of payment.”
C. Section 106.3, “Penalties,” of Chapter 1 of the Plumbing Code is hereby amended to read as follows:

Section 106.3 Violation and Penalties.

Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted; and upon conviction of any such violation such person shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.” SECTION 6. Chapter 8.20 of the Lake Forest Municipal Code is hereby amended and restated in its entirety to read as follows:
“Chapter 8.20 California Mechanical Code

8.20.001 Adoption of California Mechanical Code.

California Mechanical Code, 2022 Edition (California Code of Regulations, Title 24, Part 4), based on the 2021 Uniform Mechanical Code as published by the International Association Plumbing and Mechanical Officials, including Chapter 1, together with the amendments provided in this chapter, is hereby adopted by Item: 21
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reference as the Mechanical Code of the City of Lake Forest, regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat producing appliances, of which Code not less than one copy has been made and is now filed in the office of the City Clerk; and the same is adopted and incorporated by reference as if set forth at length herein.

8.20.010 California Mechanical Code amended.

A. Section 104.3.3, “Time Limitation of Application,” of the Mechanical Code, is hereby amended to read as follows:
104.3.3 Expiration of plan review. Any application for a permit for any proposed work shall be deemed to have been abandoned within one calendar year following the date of application, unless a permit is issued, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. No extensions shall be allowed. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay the required fees.

B. Section 104.5, “Fees,” of the Mechanical Code, is hereby amended to read as follows:
104.5 Permit fees. A fee as established by Resolution of the City Council shall be paid for each permit at the time of issuance. Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this Code except when it can be proven to the satisfaction of the Building Official that an emergency existed which made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this Code nor from any other penalties prescribed herein.

C. Section 104.5.3, “Fee Refunds,” of the Mechanical Code, is hereby amended to read as follows:
104.5.3 Fee Refunds.
104.5.3.1 Permit fee refunds will be made in an amount equal to 80 percent where work authorized by said permit has not commenced, except that no refund will be made for less than $30.00, and no refund will be made if one year has elapsed from the date of permit issuance.

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104.5.3.2 Plan check fee refunds will be made in an amount equal to 80 percent if the request for such refund is received before the commencement of the first complete plan check, except that no refund will be made for less than $30.00, and no refund will be made if one year has elapsed from the date of plan check fee payment.
104.5.3.3 Permit and plan check fees will be refunded in their entirety when inadvertently paid for a project outside the jurisdiction of the City of Lake Forest or as duplicate fees, except that no refund will be made if one year has elapsed from the date of payment.”
SECTION 7. Chapter 8.24 of the Lake Forest Municipal Code is hereby amended and restated in its entirety to read as follows:
“Chapter 8.24 California Fire Code

8.24.010. Adoption of California Fire Code.

Except as hereinafter provided, the 2022 California Fire Code (California Code of Regulations, Title 24, Part 9), based on the International Fire Code, 2021 Edition, with errata, published by the International Code Council (ICC), with appendices and amendments thereto, including Chapter 1, are hereby adopted by the City of Lake Forest for the purpose of prescribing regulations governing conditions hazardous to the life and property from fire or explosion, save and except such portions as are hereinafter added, deleted, modified or amended. One copy of all the above is now on file in the office of the City Clerk for public inspection and is adopted with the same force and effect as through set out herein in full.

8.24.020. California Fire Code amended.

The California Fire Code adopted herein by reference is hereby modified by the following additions, amendments, and deletions:

1.Chapter 1 General Requirements. Adopt Chapter 1 in its entirety, with the with the following amendments:

Section 112.4, “Violation penalties,” is hereby revised as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or Item: 21
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directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 112.4.2, “Infraction and misdemeanor,” is hereby added as follows:
112.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this Code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the Chief or a duly authorized representative are guilty of a misdemeanor.

2.Chapter 2 Definitions is adopted in its entirety as amended by State Fire Marshall ("SFM") with the following amendments:

Section 202, “General Definitions,” is hereby revised by adding the terms “OCFA” and “Spark Arrester,” as follows:
202 General Definitions
OCFA. Orange County Fire Authority, the fire authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

3.Chapter 3 General Requirements. Adopt Chapter 3 in its entirety, with the exception of Sections 308.1.4; 311.5 through 311.5.5; 318; and 319, and further with the following amendments:

Section 304.1.2, “Vegetation,” is hereby revised as follows:
304.1.2 Vegetation. Weeds, grass, vines, or other growth that is capable of being ignited and endangering property, shall be cut down and removed by Item: 21
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the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49.

Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 “Vegetation Management Guideline — Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.

Section 305.6, “Hazardous Conditions,” is hereby added as follows:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions apply:

1. When predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared;

2. When an official sign was caused to be posted by the Fire Code Official, or a public announcement is made.

No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the Fire Code Official.

Section 305.7, “Disposal of rubbish,” is hereby added as follows:
305.7 Disposal of rubbish. Rubbish, trash, or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

Section 307, “OPEN BURNING, RECREATIONAL FIRES AND
PORTABLE OUTDOOR FIREPLACES,” is hereby revised as follows:

SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS,

FIRE RINGS, AND PORTABLE OUTDOOR FIREPLACES
Section 307.6, “Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies,” is hereby added as follows:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

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Section 307.6.1, “Gas-fueled devices,” is hereby added as follows:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

Section 307.6.2, “Devices using wood or fuels other than natural gas or liquefied-petroleum gas,” is hereby added as follows:
307.6.2 Devices using wood or fuels other than natural gas or liquefied- petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Exceptions:

1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies,

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.

Section 307.6.2.1, “Where prohibited,” is hereby added as follows:

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307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Permanent fireplaces that are not located in a fuel modification zone

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

Section 324, “Fuel Modification Requirements for New Construction,” is hereby added as follows:
324 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.

Section 325, “Clearance of brush or vegetation growth from roadways,” is hereby added as follows:
325 Clearance of brush or vegetation growth from roadways. The Fire Code Official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

Section 326, “Unusual Circumstances,” is hereby added as follows:
326 Unusual circumstances. The Fire Code Official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this Code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

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2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

Section 327, “Use of Equipment,” is hereby added as follows:
327 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped, and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition
Section 327.1, “Use of Equipment and Devices Generating Heat, Sparks or Open Flames,” is hereby added as follows:
327.1 Equipment and devices generating heat, sparks or open flames.

During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30-foot clearing cannot be Item: 21
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achieved, then an alternate method shall be approved by the authority having jurisdiction prior to work starting.

2. Maintain one serviceable round point shovel with an overall length of not less than 46 inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the Fire Code Official.

4. Keep a cell phone nearby and call 911 immediately in case of fire.

Section 327.2, “Spark Arresters,” is hereby added as follows:
327.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

4.Chapter 4: Emergency Planning and Preparedness. Adopt only those sections and subsections adopted by the SFM with the following amendment:

Section 407.5, “Hazardous Materials Inventory Statement,” is revised as follows:
407.5 Hazardous Materials Inventory Statement. Where required by the Fire Code Official, each application for a permit shall comply with OCFA’s Chemical Classification Guideline in accordance with Section 5001.5.2.

5.Chapter 5, “Fire Service Features,” is adopted in its entirety as amended by SFM with the following amendments:

SECTION 501.1, “Scope,” is revised as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the Fire Code Official, with OCFA Guideline B-01, “Fire Master Plan for Commercial & Residential Development.”
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Section 510.1, “Emergency responder communication coverage in new buildings,” is revised as follows:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff’s Department, Communications and Technology Division guidelines and specifications and, where the functionality or performance requirements in the California Fire Code are more stringent, this Code.

Exceptions:

1. In buildings or structures where it is determined by the Fire Code Official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.

Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.

2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the Fire Code Official shall have the authority to accept an automatically activated emergency radio coverage system.

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6.Chapter 6, Building Services and Systems,” is adopted in its entirety as amended by SFM.

7.Chapter 7, “Fire and Smoke Protection Features,” is adopted in its entirety as amended by SFM.

8.Chapter 8, “Interior Finish, Decorative Materials and Furnishings,” is adopted in its entirety as amended by SFM.

9.Adopt Chapter 9, “Fire Protection and Life Safety Systems,” is adopted in its entirety as amended by SFM with the following amendments:

Section 903.2, “Where required,” is hereby revised as follows:
903.2 Where required. Approved automatic fire sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

1.New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2, an automatic fire sprinkler system shall also be installed in all occupancies when the total building area, as defined in Section 202, exceeds 5,000 square-feet (465 square- meters) as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.

Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.

2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic fire sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5,000 square feet
b. When an addition exceeds 2,000 square feet, and the resulting building area exceeds 5,000 square feet.
c. An additional story is added above the second floor regardless of fire areas or allowable area.

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Exception: Additions to Group R-3 occupancies. Group R-3 occupancies shall comply with Section 903.2.8 (2).

Section 903.2.8, “Group R,” is hereby revised as follows:
903.2.8 Group R. An automatic fire sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1.New Buildings: An automatic fire sprinkler system shall be installed throughout all new buildings.

2.Existing R-3 Buildings: An automatic fire sprinkler system shall be installed throughout when one of the following conditions exists:

1. When the floor area of alterations within any two-year period exceeds 50 percent of gross floor area of the existing structure and the building gross floor area exceeds 5,500 square feet; or:

2. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a fire sprinkler system would be similar as in a new building.

Section 903.3.5.3, “Hydraulically calculated systems,” is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and when required by the Fire Code Official, the fire sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.

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10.Chapter 10, “Means of Egress,” is adopted in its entirety as amended by SFM.

11.Chapter 11, “Construction Requirements for Existing Buildings.” Adopt only those sections and subsections adopted by SFM.

12. Chapter 12, “Energy Systems,” is adopted in its entirety as amended by SFM.

13. Chapter 20, “Aviation Facilities,” is adopted in its entirety.

14.Chapter 21, “Dry Cleaning,” Chapter 22, “Combustible Dust-Producing Operations,” Chapter 23, “Motor Fuel-Dispensing Facilities and Repair Garages,” Chapter 24, “Flammable Finishes,” are adopted in their entirety as amended by SFM.

15.Chapter 25, “Fruit and Crop Ripening,” and Chapter 26, “Fumigation and Insecticidal Fogging,” are deleted in their entirety.

16.Chapter 27, “Semiconductor Fabrication Facilities,” is adopted in its entirety without amendments.

17.Chapter 28, “Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities,” is adopted in its entirety with the following amendments:

Section 2801.2, “Permit,” is hereby revised as follows:
90100 110 120 130 140 150 PSI 85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
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2801.2 Permit. Permits shall be required as set forth in Section 105.6 and 105.6.29.

Section 2808.2, “Storage site,” is hereby revised as follows:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned and approval obtained from the Fire Code Official before transferring products to the site.

Section 2808.3, “Size of piles,” is hereby revised as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.

Exception: The Fire Code Official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:

1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.

2. Factors that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.

3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.

4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified, and maintained.

5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.

Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this Code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.

Section 2808.4, “Pile Separation,” is hereby revised as follows:

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2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.

Section 2808.7, “Pile fire protection,” is hereby revised as follows:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile.

Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.

Section 2808.9, “Material-handling equipment,” is hereby revised as follows:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.

Section 2808.11, “Temperature control,” is hereby added as follows:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.

Section 2808.11.1, “Pile temperature control,” is hereby added as follows:
2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.

Section 2808.11.2, “New material temperature control,” is hereby added as follows:
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable.

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Section 2808.12, “Water availability,” is hereby added as follows:
2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2-hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2,500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5,000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).

Section 2808.13, “Tipping area,” is hereby added as follows:
2808.13 Tipping areas shall comply with the following:

1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.

2. Material within a tipping area shall not exceed 5 feet in height at any time.

3. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane.

4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.

5. All material within a tipping area shall be processed within 5 days of receipt.

Section 2808.14, “Emergency Contact,” is hereby added as follows:
2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in an emergency.

Section 2808.15, “Maximum Grid of Piles and Rows,” is hereby added as follows:
2808.15 Maximum Grid of Piles and Rows. Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50-foot clear space used for no other purpose.
2808.16, “Push-out / Clear area,” is hereby added as follows:

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2808.16 Push-out / Clear area. Piles exceeding 20 cubic yards shall be provided with push-out areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height. Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.

18.Chapter 29, “Manufacture of Organic Coatings,” and Chapter 30, “Industrial Ovens,” are adopted in their entirety without amendments.

19. Chapter 31 “Temporary Special Event Structures and Other Membrane Structures,” and Chapter 32, “High-Piled Combustible Storage,” are adopted in their entirety as amended by SFM.

20. Chapter 33, “Fire Safety During Construction and Demolition,” is adopted in its entirety without amendments.

21. Chapter 34, “Tire Rebuilding and Tire Storage,” is adopted in its entirety as amended by SFM.

22. Chapter 35, “Welding and Other Hot Work,” Chapter 36, “Marinas,” Chapter 37, “Combustible Fibers,” Chapter 39, “Processing and Extraction Facilities,” Chapter 40, “Storage of Distilled Spirits and Wines,” Chapter 48, “Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations,” are hereby adopted in their entirety without amendments.

23.Chapter 49, “Requirements for Wildland-Urban Interface Fire Areas,” is adopted in its entirety with the following amendment:

Section 4903.3 Fuel Modification Plans is hereby added as follows:
4903.3 Fuel Modification Plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfire risk area. Plans shall meet the criteria set forth in OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.

24.Chapter 50, “Hazardous Materials – General Provisions,” is adopted in its entirety as amended by SFM with the following amendments:

Section 5001.5.2, “Hazardous Materials Inventory Statement (HMIS),” is hereby revised as follows:

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5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the Fire Code Official, an application for a permit shall include.

Orange County Fire Authority’s Chemical Classification Guideline, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises.

Section 5003.1.1.1, “Extremely Hazardous Substances,” is hereby added as follows:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in any residential zoned or residentially developed property.

25.Chapter 51, “Aerosols,” Chapter 53, “Compressed Gases,” Chapter 54, “Corrosive Materials,” and Chapter 55, “Cryogenic Fluids,” are adopted in their entirety without amendments.

26.Chapter 56, “Explosives and Fireworks,” is adopted in its entirety with the following amendments:

Section 5608.2 Firing is hereby added as follows:
5608.2 Firing. All fireworks displays, regardless of mortar, device, or shell size, shall be electrically fired.

Section 5608.3, “Application for Permit,” is hereby added as follows:

Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.

27.Chapter 57, “Flammable and Combustible Liquids.” Adopt Chapter 57, with the exception of Section 5707, in its entirety and with the following amendment:

Section 5701.1.1, “On-Demand Mobile fueling,” is added as follows:

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Section 5701.1.1 On-Demand Mobile fueling. On-demand mobile fueling of Class I, II, and III liquids into the fuel tanks of vehicles is prohibited.

28.Chapter 58, “Flammable Gases and Flammable Cryogenic Fluids.” Adopt Chapter 58, with the exception of Section 5809, in its entirety and with the following amendment:

Section 5801.1, “Scope,” is revised as follows:

Section 5801.1 Scope. The storage and use of flammable gases and flammable cryogenic fluids shall be in accordance with this chapter, NFPA 2 and NFPA 55. Compressed gases shall also comply with Chapter 53 and cryogenic fluids shall also comply with Chapter 55. Flammable cryogenic fluids shall comply with Section 5806. Hydrogen motor fuel-dispensing stations and repair garages and their associated above-ground hydrogen storage systems shall also be designed, constructed, and maintained in accordance with Chapter 23. Mobile fueling of gaseous and liquid hydrogen, compressed natural gas (CNG), and liquefied natural gas (LNG) into the fuel tanks of vehicles is prohibited.

Exceptions:

1. Gases used as refrigerants in refrigeration systems (see Section 605).

2. Liquefied petroleum gases and natural gases regulated by Chapter 61.

3. Fuel-gas systems and appliances regulated under the
California Mechanical Code and the California Plumbing Code other than gaseous hydrogen systems and appliances.

4. Pyrophoric gases in accordance with Chapter 64.

29.Chapter 59, “Flammable Solids,” Chapter 60, “Highly Toxic and Toxic Materials,” Chapter 61, “Liquefied Petroleum Gases,” Chapter 62, “Organic Peroxides,” Chapter 63, “Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids,” Chapter 64, “Pyrophoric Materials,” Chapter 65, “Pyroxylin (Cellulose Nitrate) Plastics,” Chapter 66, “Unstable (Reactive) Materials,” and Chapter 67, “Water-Reactive Solids and Liquids,” are adopted in their entirety without amendments.

30.Chapter 80, “Referenced Standards,” is adopted in its entirety with the following amendments:

NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems, is hereby amended as follows:

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Section 16.12.3.3 is hereby revised as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type.

The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the Fire Code Official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.

Section 9.4.3.1 is hereby revised as follows:

9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (spec buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:

1. Quick-response type as defined in 3.3.215.4.16

2. Residential sprinklers in accordance with the requirements of Chapter 12

3. Quick response CMSA sprinklers

4. ESFR sprinklers

5. Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers

6. Standard-response sprinklers used where individual standard- response sprinklers are replaced in existing light hazard systems Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by fire code official.

NFPA 13D 2022 Edition, “Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes,” is hereby amended as follows:

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Section 7.1.2 is hereby revised as follows:

7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.

NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems, is hereby amended as follows:

Section 7.3.1.1 is hereby deleted in its entirety.

NFPA 24, 2022 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances, is hereby amended as follows:

Section 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.

Section 6.2.9 is hereby amended as follows:

All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve.
(2) A wall post indicator valve.
(3) An indicating valve in a pit, installed in accordance with Section 6.4.

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(4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building.
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer. (5) Control valves installed in a fire-rated room accessible from the exterior.
(6) Control valves in a fire-rated stair enclosure accessible from the exterior.

Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.

Section 10.4.3.2 is hereby amended as follows:

10.4.3.2. Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 Item: 21
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or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4.”
SECTION 8. Upon the effective date of this Ordinance, all former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance of the codes herein adopted by reference and any other ordinance in conflict herewith are hereby repealed and declared to be of no further force and effect.

SECTION 9. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 10. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 11. Adoption of this Ordinance includes the whole of each California Building Standards Code, together with accumulative supplements, and associated standards referenced therein, including such portions as may be added by the provisions of this chapter, and except such portions as may be deleted or modified by the provisions of this chapter. One copy of said codes has been and is on file in the Office of the City Clerk of the City of Lake Forest.

SECTION 12. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published at least five days prior to the meeting at which the proposed Ordinance is to be adopted and shall post a certified copy of the proposed Ordinance in the Office of the City Clerk, and within 15 days of the adoption, shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code section 36933.

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SECTION 13. This ordinance shall be effective on February 3, 2023, which is to be no less than 30 days after its adoption.

PASSED, APPROVED, AND ADOPTED this 3rd day of January 2022.

ROBERT PEQUEÑO, MAYOR
ATTEST:

LISA BERGLUND, MPA

CITY CLERK
APPROVED AS TO FORM:

MATTHEW E. RICHARDSON

CITY ATTORNEY
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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 Ordinance No. _______was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 6 th day of December, 2022, and thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 3 rd day of January, 2023, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

LISA BERGLUND, MPA

CITY CLERK
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ATTACHMENT 2
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2022
DEPARTMENT: Community Development
SUBJECT:

ADOPTION OF 2022 CALIFORNIA BUILDING STANDARDS CODES
RECOMMENDED ACTION(S):

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.

EXECUTIVE SUMMARY:

This item provides for the triennial adoption of the newest edition of the (2022) California Building Standards Code (CBSC) with local amendments; and first- time adoption of the 2021 edition of the International Swimming Pool and Spa Code (ISPSC) and the 2021 edition of the International Property Maintenance Code ("IPMC"). The 2022 edition of the CBSC will become effective January 1, 2023. This report outlines the Code adoption process and summarizes staff and Orange County Fire Authority ("OCFA") recommended local amendments. Local amendments are considered "reasonably necessary" due to local climatic, geological, or topographical conditions and to facilitate administration of codes upon adoption/readoption. There is minimal fiscal impact associated with this item.

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BACKGROUND:

The California Building Standards Code ("CBSC") is the building code for California and State law (Title 24 of the California Code of Regulations).

The CBSC is a compilation of three types of building standards from three different origins:
▪ Building standards that have been adopted by state agencies without change from building standards contained in national model codes; ▪ Building standards that have been adopted and adapted from national model codes to address California’s ever-changing conditions; and ▪ Building standards, authorized by the California legislature that constitute amendments not covered by national model codes, have been created and adopted to address California concerns.

New editions of the CBSC are published every three years by the California Building Standards Commission. The most recent edition, the 2022 CBSC, was published on July 1, 2022. State law mandates that all California jurisdictions enforce the 2022 CBSC for all construction permitted on or after January 1, 2023.

Local jurisdictions may choose to formally adopt the CBSC or take no action and allow it to go into effect automatically. State law allows local jurisdictions to adopt amendments (“local amendments”), provided the amendments are more stringent than the CBSC standard. To incorporate local amendments into the Lake Forest Municipal Code ("LFMC"), the City must formally adopt the corresponding code and the local amendments and make findings that the local amendments are warranted due to local climatic, geologic, or topographical conditions.

Lake Forest adopted local amendments during each of the prior triennial code adoption cycles. Notwithstanding, all desired previously adopted local amendments must be re-adopted each time the California Building Standards Commission adopts a new edition of the CBSC. Local amendments are codified in Title 8 – Building and Construction of the LFMC.

In contrast to the conventional LFMC amendment process, State law requires that the public hearing occur in conjunction with the second reading of the draft ordinance(s) instead of the first. Accordingly, this first reading of the draft ordinance is on the agenda as a "Discussion/Action Item" and a public hearing is tentatively scheduled for December 6, 2022.

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DISCUSSION:

Code Adoption and Amendment Process
The 2022 edition of the CBSC contains 13 separate divisions (also known as “Codes”). Table 1 (below) lists each division of the CBSC by number and name, the corresponding recommended action for the 2022 Code adoption cycle, and the LFMC section that would contain each local amendment upon adoption. The City is required to adopt only those codes that are being amended locally.

Table 1 – CBSC Divisions and Summary of Recommended Actions Div. Code Recommended Action LFMC
Chapter
1 CA Administrative Code Takes effect as is. No
adoption needed. N/A
2 CA Building Code Adopt with local
amendments. 8.02

2.5 CA Residential Code Adopt with local
amendments. 8.06
3 CA Electrical Code Adopt with local amendments
(Administrative only*). 8.14
4 CA Mechanical Code Adopt with local amendments
(Administrative only*). 8.20
5 CA Plumbing Code Adopt with local amendments
(Administrative only*). 8.16
6 CA Energy Code Takes effect as is. No
adoption needed. N/A
7 Reserved N/A N/A
8 CA Historical Building Code Takes effect as is. No
adoption needed. N/A
9 CA Fire Code Adopt with local
amendments. 8.24
10 CA Existing Building Code Takes effect as is. No
adoption needed. N/A
11 CA Green Building Standards
Code (CAL Green)
Takes effect as is. No
adoption needed. N/A
12 CA Referenced Standards
Code
Takes effect as is. No
adoption needed. N/A
*Local amendments identified as "administrative only" pertain only to administration of the Code (e.g., permit fees, enforcement, etc.) and not to construction standards or methods.

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Local Code Amendments
The recommended amendments customize certain provisions of the CBSC to address distinct climatic, geologic, or topographical characteristics of the region outlined in Attachment 1 (draft ordinance). Recommended amendments are developed through coordination with local building officials in the Southern California region and are provided to all jurisdictions served by the Orange County Fire Authority (“OCFA”).

In conjunction with each triennial CBSC update, OCFA prepares recommended local amendments to the California Fire Code ("CFC"), and in some instances, other CBSC divisions. All OCFA-recommended local amendments for 2022 are to the CFC. However, staff recommends that local amendments to the CBSC, CA Residential Code ("CRC"), CA Electrical Code ("CEC"), CA Mechanical Code ("CMC") and CA Plumbing Code (CPC) adopted in previous cycles (most recently in 2019) be re-adopted for 2022, except for certain fire-related amendments OCFA determined are no longer necessary. Prior local amendments not recommended for readoption consist of code provisions to be included in the CFC which would be redundant in other divisions, or standards that have been incorporated into the 2022 CBSC and are therefore no longer necessary as a local amendment.

For 2022, there are four categories of recommended local amendments:

1. New for 2022 amendments;

2. Revisions to previously adopted amendments;

3. Re-adoption of previously adopted amendments with no changes;

4. Deletion of previously adopted amendments that are no longer necessary.

The recommendations corresponding to each of the four categories are detailed in Attachment 1 and summarized below. In addition, a more detailed summary of OCFA-recommended amendments to the CFC is provided as Attachment 2.

1. New for 2022 Amendments
For the 2022 Code cycle, OCFA is recommending new local amendments pertaining to the following:
• Maximum size and minimum separation of piles of stored wood chips, compost, solid biomass feedstock, raw products associated with yard waste and similar materials;
• A requirement to provide "push-out clear areas" for piles of materials exceeding 20 cubic yards within 250 feet of any pile and a minimum of 20 feet from any building. Push-out areas allow for piles to be spread out to a depth of two feet in height.

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2. Revisions to Previously Adopted Amendments
Proposed revisions to previously adopted amendments include:
• An amended OCFA Guideline B-01 (previously "B-09") – Fire Master Plans for Commercial & Residential Development adopted by reference in CFC section 501.1. Guideline B-01 pertains to the creation and maintenance of fire access roadways, walkways to and around buildings, and hydrant quantity and placement. The guideline applies to roads which provide fire access to new, reconstructed, and relocated residential or commercial structures, developments, and facilities. • Replacement of CFC section 4908 – Fuel Modification Requirements for New Construction (adopted as a 2019 local amendment), with CFC section 4903.3 – Fuel Modification Plans. This section requires fuel modification plans be reviewed and approved by OCFA for all new buildings in a wildfire risk area, and conformance with OCFA Guideline C-05 – Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.

3. Readoption of Previously Adopted Local Code Amendments – No Changes
OCFA is recommending that numerous previously adopted local code amendments be re-adopted as part of the 2022 Code adoption (see Attachment 2 for details). The amendments address code violations/penalties, open burning, recreational fires, piles of combustible materials, fuel modification zone requirements, clearance of brush and vegetation from roadways, building sprinkler requirements, and emergency responder radio coverage, along with other safety standards related to the following:
• Emergency planning and preparedness;
• Fire service features;
• Lumberyard, agro-industrial, solid biomass and woodworking facilities; • Requirements for wildland-urban interface fire areas; • Hazardous materials;
• Explosives and fireworks; and
• Referenced standards

4. Deletion of Previously Adopted Local Code Amendments Deletions recommended for 2022 include provisions addressing:

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• sky lanterns;
• battery charging systems for cars and carts;
• defensible space;
• mobile fueling;
• sprinkler design for non-warehouse spec buildings;
• method of determining water supply;
• height of hose outlet; and
• various redundant provisions included in the CFC and unnecessarily repeated in the CBC and CRC.

OCFA has deemed these prior-cycle local amendments unnecessary on the basis that the 2022 CBSC includes provisions that adequately address these standards.

Local Administrative Amendments
In addition to the OCFA-recommended local amendments to the CFC, staff is recommending various administrative local amendments for readoption. These amendments establish provisions for implementation of the Codes, as well as technical provisions to customize the Codes to local and regional conditions.

The local administrative amendments provide the City with code enforcement authority in areas such as plan review, permit fees, inspections, and penalties.

All proposed local amendments pertaining to the administrative portions of the CBC, CRC, CPC, CEC, CMC and CFC are carry-forwards from previous local amendments adopted by the City Council.

New Codes
International Property Maintenance Code
Staff is recommending the adoption of the 2021 International Property Maintenance Code (IPMC), which is published by the International Code Council.

The IPMC establishes minimum requirements for the maintenance of existing buildings for the protection of public health, safety, and welfare. As proposed for adoption, the IPMC would apply in instances when other applicable codes, such as the California Health & Safety Code, are silent with respect to a particular standard or when it is more restrictive. The IPMC is a simplified code that will provide specific code requirements to assist code enforcement officers enforce quality-of-life concerns that cannot otherwise be enforced. For example, it requires that “structures and exterior property shall be kept free from rodent harborage and infestation” and that “exterior property and premises and the interior of every structure shall be free from any accumulation of rubbish or ATTACHMENT 2
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garbage.” Issues such as these have occurred in the past. However, based on the City’s currently adopted codes, code enforcement is unable to pursue a violation and therefore are hindered in resolving citizen concerns. Upon adoption, the City's Code Enforcement Division would have primary enforcement responsibility for this Code. This Code has been adopted by other Orange County jurisdictions, including Aliso Viejo, Laguna Niguel, Newport Beach, Tustin, and Santa Ana. Upon adoption, reference to the IPMC would be provided in a new LFMC Chapter 8.32.

International Swimming Pool and Spa Code
Staff is recommending adoption of the 2021 International Swimming Pool and Spa Code (ISPSC), which is published by the International Code Council. The ISPSC establishes minimum requirements for the design, construction, alteration, repair and maintenance of swimming pools, spas, hot tubs, and aquatic facilities.

The City currently applies CBSC standards for swimming pools, spas, etc.

However, the ISPSC provides more comprehensive standards and regulations including standards for portable residential spas, safety signs, and other items which are not sufficiently addressed in the CBSC. The ISPC would apply in instances when the CBSC is silent with respect to a particular standard or when it is more restrictive. This Code has been adopted by other Orange County jurisdictions including Garden Grove, Laguna Niguel, Mission Viejo, and Seal Beach. Upon adoption, reference to the ISPSC would be provided in a new LFMC Chapter 8.34.

SUMMARY:

Staff worked closely with the Building Official, OCFA, and the City Attorney's office preparing for adoption of the 2022 CBSC and local amendments.

Recommended local amendments and new codes respectively address deficiencies in the CBSC resulting from local climatic, geologic, or topographical conditions and provide more comprehensive standards for fire safety in the community. Staff recommends introduction of the ordinance for first reading and a directive to schedule a public hearing for the second reading, as required by State law, on December 6, 2022. A December 6, 2022, public hearing would provide for local amendments to take effect by January 5, 2023, and concurrent implementation of the new Codes. Copies of the 2022 CBSC, 2021 ISPSC, 2021 IPMC can be referenced at City Clerk's Office.

FISCAL IMPACT:

The recommended actions have minimal fiscal impact.

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ATTACHMENTS:

1. Draft Ordinance amending and adopting the 2022 editions of the CBC, CRC, CEC, CPC, CMC and CFC with local amendments; and the 2021 editions of the IPMC and ISPSC

2. Summary of OCFA-Recommended Local Code Amendments to the CFC.

Initiated By: Ron Santos, Senior Planner
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
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ATTACHMENT 2
TO 11-15-22

CITY COUNCIL

STAFF REPORT
ATTACHMENT 2
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Existing
Revised
Deleted
New
2022 CFC CODE

SECTION
2019 Code
Section

TITLE/SUBJECT COMMENTS/JUSTIFICATION STATUS
112.4 110.4 Violation penalties Clarifies administrative violation process; fines now based on OCFA adopted fee schedule.

Existing
112.4.2 110.4.2 Infraction & Misdemeanor Used for purpose of applying penalties under 109.4. Amendment combines definitions of infraction and misdemeanor under one section.

Existing
202 202 Definitions Definition of "OCFA" and "spark arrester" unchanged. Existing 304.1.2 304.1.2 Vegetation Aligns maintenance to OCFA Guideline C-05 requirements. Existing 305.6 305.6 Hazardous Conditions Prohibits outdoor fires during hazardous weather conditions. Existing 305.7 305.7 Disposal of Rubbish Prohibits open burning of trash, leaves, and other debris. Existing 307 307 Open burning, recreational fires, fire
pits, fire rings, and outdoor fireplaces
Administrative change to the section title to include fire pits and fire rings regulated under amendments in 307.6. No change from previous amendment.

Existing
307.6 307.6 Outdoor Fireplaces, Fire Pits, Fire
Rings, or similar devices used at
Group R Occupancies.

Addresses requirements for outdoor fireplaces, fire pits, fire rings. Existing 307.6.1 307.6.1 Gas-fueled devices Prohibits gas fire pits within 3' of R-3 occupancy or 10' of other R occupancies
Existing
307.6.2 307.6.2 Devices using wood or fuels other
than natural gas or LPG
Prohibits solid fuel within 15' of combustibles unless in a fireplace Existing 307.6.2.1 307.6.2.1 Where prohibited Prohibits solid fuel fires in fuel mod zone, and in Wildland-Urban Interface/Wildfire Risk Area outside of fireplaces
Existing
308.1.6.3 308.1.6.3 Sky lanterns Addressed in 2022 CA Fire Code. Deleted - 2022 324 321 Fuel modification requirements for
new construction
Codifies requirements for fuel modification in properties adjacent to areas with combustible vegetation hazards.

Existing
325 322 Clearance of brush or vegetation
growth from roadways
Authorizes clearance of vegetation from edges of roadways to reduce ignition hazard
Existing
This 2019 amendment is being carried forward into 2022 amendment package. Minor editorial/clerical changes may have been made, but they do not have material regulatory effect.

A modified version of the 2019 amendment is being carried forward. Changes in scope or wording are significant relative to the 2019 version, or they may impact regulatory effect.

This 2019 amendment is not being carried forward into the 2022 amendment package.

This is a new amendment in the 2022 amendment package.

Chapter 1 - Scope & Administration
Chapter 2 - Definitions
Chapter 3 - General Requirements
2022 California Fire Code (CFC) - OCFA Amendment Summary Legend
10/10/2022 1 of 5
ATTACHMENT 2
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Existing
Revised
Deleted
New
2022 CFC CODE

SECTION
2019 Code
Section

TITLE/SUBJECT COMMENTS/JUSTIFICATION STATUS
This 2019 amendment is being carried forward into 2022 amendment package. Minor editorial/clerical changes may have been made, but they do not have material regulatory effect.

A modified version of the 2019 amendment is being carried forward. Changes in scope or wording are significant relative to the 2019 version, or they may impact regulatory effect.

This 2019 amendment is not being carried forward into the 2022 amendment package.

This is a new amendment in the 2022 amendment package.
2022 California Fire Code (CFC) - OCFA Amendment Summary Legend
326 323 Unusual circumstances Provides for suspension of or alternative methods of compliance with vegetation maintenance standards under specific circumstances Existing
327 324 Use of equipment Requires use of spark arrester on equipment used in wildfire prone areas Existing 327.1 324.1 Use of equipment and devices
generating heat, sparks or open
flames
Adopts a modified version of Public Resources Code requirement (30' setback instead of 10') for hazardous activities in wildland risk areas based on the cause of multiple fires in OCFA jurisdiction.

Existing
327.2 324.2 Spark arresters Requires spark arresters to comply with CFC 202 and prevent accidental ignition
Existing
407.5 407.5 Hazardous Material Inventory
Statement
Reference to Hazardous material Inventory Statement is replaced by "OCFA's Chemical Classification packet" for consistency with Ch.50 language
Existing
501.1 501.1 Scope Guideline B-09 has been reworked and renamed to B-01. Reference to B- 09a is deleted since there are cross-references to Title 14 requirements in B-01.

Revised
510.1 510.1 Emergency responder radio coverage
in new buildings
Amendment makes reference to local authority having jurisdiction's ordinance and specifies types of buildings where an emergency responder radio system is required
Existing
903.2 903.2 Where required (Sprinklers) Requires sprinklers in new buildings based on size. Requires sprinkler retrofit in buildings undergoing addition based on various area criteria.

Revised to allow exception for open parking garages.

Existing
903.2.8 903.2.8 Group R (Sprinklers) Requires sprinkler retrofit in homes undergoing addition or remodel based on various area criteria.

Existing
903.3.5.3 903.3.5.3 Hydraulically calculated systems Adds specification for industry standard 10% safety margin to be included in sprinkler calculations
Existing
Chapter 9 - Fire Protection Systems
Chapter 4 - Emergency Planning and Preparedness
Chapter 5- Fire Service Features
Chapter 12 - Energy Systems
10/10/2022 2 of 5
ATTACHMENT 2
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Existing
Revised
Deleted
New
2022 CFC CODE

SECTION
2019 Code
Section

A modified version of the 2019 amendment is being carried forward. Changes in scope or wording are significant relative to the 2019 version, or they may impact regulatory effect.

This 2019 amendment is not being carried forward into the 2022 amendment package.

This is a new amendment in the 2022 amendment package.
2022 California Fire Code (CFC) - OCFA Amendment Summary Legend
1201.1.1 Other Systems Added specification for battery charging systems for cars and carts Deleted - 2022 2801.2 2801.2 Permit (Miscellaneous combustible
storage)
Clarifies permit for storage/composting of green waste is a Miscellaneous Combustible Storage permit
Existing
2808.2 2808.2 Storage site Requires OCFA approval of site before bringing product to the site Existing 2808.3 2803.3 Size of piles Reduces the size of piles of combustible materials Existing 2808.4 2808.4 Pile separation Requires 20' separation between piles instead of specifically a fire lane; requires 100' separation from other combustible vegetation Existing
2808.7 2808.7 Pile fire protection Requires oscillating sprinklers to maintain moisture content and wet down burning/smoldering areas
Existing
2808.9 2808.9 Material-handling equipment Requires approved spark arrester on equipment Existing 2808.11 2808.11 Temperature control Requires that temperature be monitored and maintained Existing 2808.11.1 2808.11.1 Pile temperature Control Requires rotation of piles above 165 degrees Existing 2808.11.2 2808.11.2 New material temperature control Regulates acceptance of new piles above 165 degrees Existing 2808.12 2808.12 Water Availability Establishes firefighting water quantity requirements Existing 2808.13 2808.13 Tipping Area Establishes requirements for new material tipping area configuration and use
Existing
2808.14 2808.14 Emergency Contact Requires posting of emergency contact info Existing 2808.15 N/A Maximum Grid of Piles & Rows Defining maximum separation of piles. New 2808.16 N/A Push out / Clear area Identifying when a push-out area is required for piles. New 4903.3 4908 Fuel Modification Plans Amendment updated to be In accordance with new Fire Protection Plan language in Chapter 49 and revised language in Guideline C-05.

Revised
Chapter 28 - Lumber yard, agro-industrial, Solid Biomass and Woodworking Facilities Chapter 49 - Requirements for Wildland-Urban Interface Fire Areas 10/10/2022 3 of 5
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Existing
Revised
Deleted
New
2022 CFC CODE

SECTION
2019 Code
Section

A modified version of the 2019 amendment is being carried forward. Changes in scope or wording are significant relative to the 2019 version, or they may impact regulatory effect.

This 2019 amendment is not being carried forward into the 2022 amendment package.

This is a new amendment in the 2022 amendment package.
2022 California Fire Code (CFC) - OCFA Amendment Summary Legend
4906.3 4906.3 Requirements This is now addressed in the new Defensible Space section in 2022 CFC Chapter 49, and OCFA Guideline C-05.

Deleted - 2022
5001.5.2 5001.5.2 Hazardous materials inventory
statement (HMIS)
References "OCFA's Chemical Classification Packet" instead of a Hazardous Materials Inventory Statement
Existing
5003.1.1.1 5003.1.1.1 Extremely hazardous substances Prohibits extremely hazardous substances above disclosable amounts in a residential area.

Existing
5608.2 5608.2 Firing (Fireworks) Requires fireworks shows to be electrically fired. Existing 5608.3 N/A Application for Permit Carries over Title 19 requirement into Fire Code so it can be amended to establish a 100'/inch fallout zone instead of the standard 70'/inch.

Existing
5701.1.1 5701.1.1 Mobile Fueling Removed mobile fueling from the scope of Chapter 57. Amendment is no longer needed as adoption matrix in the 2022 CFC clearly indicates that mobile fueling provisions are not adopted.

Deleted - 2022
5801.1 5801.1 Scope Prohibited mobile fueling of hydrogen, CNG, LPG. Deleted - 2022 2022 NFPA

16.12.3.3 2016 NFPA 13,

6.7.3 FDC Type Specifies type, location, color of FDC. Existing amendment language modified for additional clarity and to better align with other sections of NFPA 13.

Existing

9.4.3.1 8.3.3.1 Shell buildings Specifies sprinkler type for spec shell buildings that are not warehouses Existing

9.2.1.7 8.15.1.2.7 Concealed spaces Revises section to ensure that the use of noncombustible insulation can be reviewed to prevent conflicts with operational requirements Existing
Chapter 80 - Referenced Standards
NFPA 13
Chapter 58 - Flammable Gases and Flammable Cryogenic Fluids Chapter 50 - Hazardous Materials
Chapter 56 - Explosives and Fireworks
Chapter 57 - Flammable and Combustible Liquids
10/10/2022 4 of 5
ATTACHMENT 2
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Existing
Revised
Deleted
New
2022 CFC CODE

SECTION
2019 Code
Section

A modified version of the 2019 amendment is being carried forward. Changes in scope or wording are significant relative to the 2019 version, or they may impact regulatory effect.

This 2019 amendment is not being carried forward into the 2022 amendment package.

This is a new amendment in the 2022 amendment package.
2022 California Fire Code (CFC) - OCFA Amendment Summary Legend

19.1.1 11.1.1.1 Sprinkler design Specifies sprinkler design criteria for spec buildings that are not warehouses
Deleted - 2022

19.1.4.1 11.2.3.1.1.1 Water supply Specifies acceptable methods of determining water supply Deleted - 2022 2022 NFPA 13D

7.1.2 2016 NFPA
13D: 7.1.2
Control valves Requires monitoring if a dedicated sprinkler shutoff valve is installed Existing 2019 NFPA 14

7.3.1.1 2016 NFPA
14: 7.3.1.1
Hose Connection Height Specified height of hose outlet Deleted - 2022 2019 NFPA 24

6.2.8.1 2016 NFPA
24: 6.2.8.1
Indicating Valves Specifies that valves controlling firefighting water supplies shall be painted red to facilitate identification by firefighters; provides exception for valves on exterior risers and for a system with only OS&Y shutoff valves.

Existing

6.2.9 (5) 6.2.9 (5) Street valves Removes exception for roadway valve boxes Existing

10.1.5 10.1.5 Wrapping/Coating Pipe Revised to allow wrapping of pipe with polyethylene sheet in accordance with AWWA standards instead of tubing.

Existing

10.4.1.1 10.4.1.1 Pipe joints Specifies that stainless steel parts do not need to be coated with asphalt or other corrosion retardant.

Existing

10.4.1.1.1 10.4.1.1.1 Stainless steel bolts Requires use of stainless steel bolts. Existing

10.4.3.2 10.6.3.1 Pipe under foundations Requires pipe to terminate near exterior wall; requires single piece stainless steel sweep at riser.

Existing
Appendices B,

BB, C, CC, H
Only five of the 16 appendices included in the 2022 Fire Code (B, BB, C, CC, and H) are adopted by the State. OCFA is not proposing adoption of any additional appendices or amendments to them beyond what the State has already adopted.

Appendices
NFPA 13D
NFPA 14
NFPA 24
10/10/2022 5 of 5
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ATTACHMENT A: OCFA GUIDELINES REVIEW
We have several questions about the Guidelines, which have been changed and, in some cases, removed the authority of Cities to plan their projects. Given the new prescriptive nature of the State law, the Building Official, not OCF A, should be charged with discretion in many circumstances. It is unclear which of these changes, if any, are required by State Law, but we would appreciate your consideration of the following:

Guideline C-05 Vegetation Management Guideline: Technical Design for New Construction Fuel Modification Plans and Maintenance Program:

1. P 3. The Scope refers to "wildfire-risk areas or such areas as designated by the fire code official," seemingly undefined. It seems these should apply in the VHFHSZ or the SRA only and not expand OCFA jurisdiction in City areas that are not subject to these increased standards.

2. P. 3. The 30-foot setback from the property line should include the exceptions identified in the State Code.

3. P. 4, Note 1: ls a city or an applicant precluded from using alternative means and methods (AMM) for building foundations? Does State law require this? As you know, part of the A zone is newly required to be very restrictive according to State Law, and flexibility should be encouraged where appropriate.

4. P. 6, Note 2: Is OCFA proposing a 50-foot Roadside Protection Zone or mandating a minimum 10' Roadside Protection Zone in all areas?

5. P. 15, Attachment 1, Note 2: The City, not OCF A, should be the judge of when a Certificate of Occupancy may be issued. Indeed, issuing a Certificate of Occupancy should be allowed before "plant establishment."
Guideline B-01 Fire Master Plans for Commercial and Residential Development:

1. P. 4, Note 2.2. Most cities are in a position where they have no choice but to approve ADUs and other accessory structures. Requiring the hose pull to extend around every accessory structure, patio cover, pool equipment, and casitas is not reasonable. It should not be imposed upon the City or applicant if not required by State Law.

2. P. 5, Bullet 2. When a building immediately abuts a fire access roadway, laddering areas should not be required on "at least two sides" of the structure.

3. P. 5. 2.3.1 The OCFA should work with municipalities and the development community to accommodate laddering for 2-3 story buildings without demanding the entire roadway be "no closer than 10-30 from the building." Driveways, entryways, and entry areas should be allowed flexibility for safety planning.

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ATTACHMENT 4
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O R A N G E C O U N T Y F I R E A U T H O R I T Y P. O. Box 57115, Irvine, CA 92619-7115 • 1 Fire Authority Road, Irvine, CA 92602-0125 Brian Fennessy Fire Chief (714) 573-6000 www.ocfa.org

October 24, 2022

Mr. Adam Wood
Vice President
BIAOC – Orange County Chapter
17192 Murphy Ave. #14445
Irvine, Ca 92623

Re: Response to Proposed Revisions of the OCFA, B-01 & C-05 Guidelines Letter

Dear Mr. Wood,

I am in receipt of your letter dated October 19, 2023, regarding Proposed Revisions of the OCFA, B -01 & C-05 Guidelines. I am responding to your letter to provide clarification on several issues raised in the letter.

Since many of your comments and my responses crossover and blend in differing areas of the letter I have tried to capture the main themes. I look forward to a future meeting to drill down into the specifics.

My team has reviewed the letter and concur that the BIAOC is addressing four areas of concern. I will address each as concisely as possible:

1. Concerns about the changing regula tory landscape from the State causing continued loss of control at the local level, including commentary issued by the Attorney General.

2. Concerns about the Planning and Development processes at OCFA.

3. Specific concerns about proposed California Fire Code amendments to include amendment s that point to OCFA Guidelines B-01 and C-05.

4. Specific concerns about the language proposed in Guideline B -01 – Fire Master Plans for Commercial and Residential Development and Guideline C -05 – Vegetation Management:

Technical Design for New Construction Fuel Modification Plans and Maintenance Program.

Item #1 We share your concerns about the rapidly changing regulatory landscape. That said my team has tracked eleven legislative bills over the past five years; and we only focused on those that had the potential to effect code adoption as well as new regulations that identify us as Authority Having Jurisdiction. It is true through the State adoption of the California Fire Code (CFC) that there is a significant rewrite o f Chapter 49 – Requirements for Wildland -Urban Interface Fire Areas. This has the potential to be more restrictive in building construction, vegetation management and subdivision review surveys. Most of the content in CFC Chapter 49 and Guideline C-05 are direct legislative actions. It is important to note that

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Mr. Adam Wood
October 24, 2022

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Lake Forest City CouncilDecember 6, 2022

Lake Forest City Council
December 6, 2022