Agenda packet — Lake Forest City Council, January 3, 2023 (part 3 of 4)

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The revisions to the Housing Element would not result in new cultural resource impacts beyond those identified in the 2040 General Plan FEIR. Following compliance with the recomme nded 2040 General Plan FEIR mitigation measures and 2040 General Plan Policies, there would be no new significant or significantly different impacts to cultural resources as a result of the proposed Project. The Housing Element Update has been prepared to be consistent with the 2040 General Plan, and as such, there are no impacts to cultural resources peculiar to the Housing Element that have not been fully addressed in the 2040 General Plan EIR.

VI. ENERGY
The 2040 General Plan FEIR determined that impact s to energy would be less than significant through the implementation of policies and actions in the 2040 General Plan. This topical area is addressed in the 2040 General Plan FEIR’s Greenhouse Gas Emissions and Energy section.

Buildout of the 2040 General Plan would use energy resources for the operation of buildings (electricity and natural gas), for on-road vehicle trips (e.g. gasoline and diesel fuel), and from off- road construction activities (e.g. diesel fuel) associated wi th buildout of the 2040 General Plan.

Developers of individual projects within the Planning Area would be responsible for conserving energy, to the extent feasible, and would rely heavily on reducing per capita energy consumption to achieve this goal, incl uding through Statewide and local measures. Buildout of the 2040 General Plan would be in compliance with all applicable federal, state, and local regulations regulating energy usage. As a result, the 2040 General Plan would not result in any significant adverse impacts related to project energy requirements, energy use inefficiencies, and/or the energy intensiveness of materials by amount and fuel type for during 2040 General Plan buildout, including during construction, operations, maintenance, and/or removal. The City of Lake Forest would comply with all existing energy standards, and would not result in significant adverse impacts on energy resources. Buildout of the 2040 General Plan would not be expected cause an inefficient, wasteful, or unnecessary use of energy resources nor conflict with or obstruct a state or local plan for renewable energy or energy efficiency.

The Housing Element Update proposes housing policies that would encourage housing production within the Planning Area . However, potential development of vacant and underutilized sites to accommodate the City’s RHNA would be consistent with the adopted land use policy and would not result in any changes to existing land uses or allow for greater development than what was analyzed in the 2040 General Plan FEIR. The 2040 General Plan includes policies and programs to reduce potential impacts to energy resources. Future housing development, consistent with the 2040 General Plan, would be reviewed for consistency with policies and programs aimed to reduce potential impacts to energy resources. The Housing Element policies and programs would not have an impact on existing 2040 General Plan policies addressing energy resources.

The revisions to the Housing Element would not result in new energy resource impacts beyond those identified in the 2040 General Plan FEIR. Following compliance with the recommended 2040 General Plan FEIR mitigation measures and 2040 General Plan Policies, there would be no Item: 11
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new significant or significantly different impacts to energy resources as a result of the proposed Project. The Housing Element Update has been prepared to be consistent with the 2040 General Plan, and as such, there are no impacts to energy resources peculiar to the Housing Element that have not been fully addressed in the 2040 General Plan EIR.

VII. GEOLOGY AND SOILS
The 2040 General Plan FEIR determined that impacts to geology and soils would be less than significant through the implementation of policies and actions in the 2040 General Plan.

There are no known active or potentially active faults, or Alquist-Priolo Earthquake Fault Zones, located within the Planning Area. However, there are numerous faults located in the region. As a result, future development in the City of Lake Forest may expose people or structures to potential adverse effects associated with a seismic event, including strong ground shaking and seismic- related ground failure. As future development and infrastructure projects are considered by the City, each project will be evaluated for conformance with the California Building Standards Commission (CBSC), 2040 General Plan , Zoning Ordinance, and other regulations. Subsequent development and infrastructure wou ld also be analyzed for potential environmental impacts, consistent with the requirements of CEQA. In addition to the requirements associated with the CBSC and the Municipal Code, the 2040 General Plan includes policies and actions to address potential impacts associated with seismic activity. With the implementation of the policies and actions in the 2040 General Plan , as well as applicable State and City codes, potential impacts associated with a seismic event, including rupture of an earthquake fault, seismic ground shaking, liquefaction, and landslides would be less than significant.

The 2040 General Plan would allow development and improvement projects that would involve some land clearing, mass grading, and other ground-disturbing activities that could temporarily increase soil erosion rates during and shortly after project construction. Construction -related erosion could result in the loss of a substantial amount of nonrenewable topsoil and could adversely affect water quality in nearby surface waters. As future development and infrastructure projects are considered by the City, each project will be evaluated for conformance with the CBSC, 2040 General Plan , Zoning Ordinance, and other regulations. In addition to compliance with City standards and polic ies, the Regional Water Quality Control Board will require a project specific Storm Water Pollution Prevention Plan (SWPPP) to be prepared for each project that disturbs an area of one acre or larger. The 2040 General Plan includes a range of policies and one action related to best management practices, National Pollutant Discharge Elimination System ( NPDES) requirements, and minimizing discharge of materials (including eroded soils) into the storm drain system. With the implementation of the policies and actions in the 2040 General Plan , as well as applicable State and City requirements, potential impacts associated with erosion and loss of topsoil would be less than significant Development allowed under the 2040 General Plan could result in the exposure of people and structures to conditions that have the potential for adverse effects associated with ground instability or failure. Soils and geologic conditions in the Lake Forest Planning Area have the Item: 11
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potential for landslides, lateral spreading, subsidence, liquefaction, or collapse. As future development and infrastructure projects are considered by the City of Lake Forest, each project will be evaluated for conformance with the CBSC, the 2040 General Plan, Zoning Ordinance, and other regulations. Subsequent development and infrastructure projects would also be analyzed for potential environmental impacts, consistent with the requirements of CEQA. Future development and improvement projects would be required to have a specific geotechnical study prepared and incorporated into the improvement design, consistent with the requirements of the State and City codes. In addition to the requirements associated with the CBSC and the Municipal Code, the 2040 General Plan includes policies and actions to ensure that dev elopment projects address potential geologic hazards, at-risk buildings and infrastructure is evaluated for potential risks, and site -specific studies are completed for area subject to liquefaction. With the implementation of the policies and actions in th e 2040 General Plan, as well as applicable State and City codes, potential impacts associated with ground instability or failure would be less than significant.

The majority of the City of Lake Forest has low potential for expansive soils, including most of the developed land. The areas with moderate to high expansive soils represent only a small portion of the City of Lake Forest, and would require special design considerations due to shrink -swell potentials. As future development and infrastructure projects are considered by the City, each project will be evaluated for conformance with the CBSC, 2040 General Plan , Zoning Ordinance, and other applicable regulations. Subsequent development and infrastructure pro jects would also be analyzed for potential environmental impacts, consistent with the requirements of CEQA.

Consistency with the 2040 General Plan policies will require identification of geologic hazards and risk inventory of existing at -risk buildings and infrastructure. Design criteria and specifications set forth in the design -level geotechnical investigation will ensure impacts from problematic soils are minimized. There are no additional significant adverse environmental impacts that are anticipated to occur associated with expansive soils. Therefore, this impact is considered less than significant.

There will be no septic tanks or alternative waste water disposal systems utilized for new development planned under the 2040 General Plan . Therefore, 2040 General Plan implementation does not have the potential to have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water; this impact is considered less than significant.

It is possible that undiscovered paleontological resources could be encountered during ground - disturbing activities. This is considered a potentially significant impact, which would be mitigated to a less than significant level through the implementation of the policies and actions in the 2040 General Plan.

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Area. However, potential development of vacant and underutilized sites to accommodate the City’s RHNA would be consistent with the adopted land use p olicy and would not result in any changes to existing land uses or allow for greater development than what was analyzed in the 2040 General Plan FEIR. The 2040 General Plan includes policies and programs to reduce potential impacts associated with geology and soils. Future housing development, consistent with the 2040 General Plan, would be reviewed for consistency with policies and programs aimed to reduce potential impacts associated with geology and soils, including preparation of site - specific geotechnical analysis and required compliance with the Lake Forest Municipal Code. The Housing Element policies and programs would not have an impact on existing 2040 General Plan policies regarding geology and soils.

The revisions to the Housing Element would not result in new impacts to geology and soils beyond those identified in the 2040 General Plan FEIR. Following compliance with the recommended 2040 General Plan FEIR mitigation measures and 2040 General Plan Policies, there would be no new significant or significantly different impacts to geology and soils as a result of the proposed Project. The Housing Element Update has been prepared to be consistent with the 2040 General Plan, and as such, there are no impacts to geology and soils peculiar to the Housing Element that have not been fully addressed in the 2040 General Plan EIR.

VIII. GREENHOUSE GAS EMISSIONS
The 2040 General Plan FEIR determined that impacts to greenhouse gas (GHG) emissions would be less than significant through the implementation of polici es and actions in the 2040 General Plan.

The City has developed the 2040 General Plan to achieve local per capita GHG emissions levels that would be consistent with the statewide reduction targets established by Assembly Bill (AB) 32, Senate Bill (SB) 32 and the CARB’s 2017 Scoping Plan. The 2040 General Plan’s approach to GHG reductions is consistent with the framework established by ICLEI – Local Governments for Sustainability, through the “Five Milestones Framework,” which offers a systematic approach for analyzing baseline GHG emissions, developing an emissions reduction target, developing and implementing a climate action plan, and monitoring emissions reduction progress. Upon adoption of the 2040 General Plan, and implem entation of the policies and actions, the City of Lake Forest would not exceed the per capita GHG emission targets established to ensure compliance with SB 32 and other California legislation for future year 2030 and 2040 General Plan buildout year 2040. T herefore, the 2040 General Plan would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.

There is a less than significant impact following adoption and implementation of the policies and actions in the 2040 General Plan.

As future development projects are received and reviewed by the City in subsequent years, those projects will be reviewed for consistency with the 2040 General Plan and all relevant State-level programs and requirements. All future projects must implement the most current version of the Title 24 energy efficiency requirements, as required by State law. Consistency with the 2040 Item: 11
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General Plan and other mandatory State -level programs would ensure that future project -level contributions to global climate change would be less than significant.

The 2040 General Plan would be consistent with the CARB’s 2017 Scoping Plan, and thus all current statewide GHG reduction laws (i.e. AB 32 and SB 32) relevant to the 2040 General Plan that have been adopted to reduce GHG emissions. The 2040 General Plan would reduce emissions to below the per capita thresholds through buildout of the 2040 General Plan (i.e. for years 2030 and 2040), which ensures that the 2040 General Plan is consistent with all GHG reduction targets established for the state. Therefore, the 2040 General Plan would not conflict with the State of California’s GHG reduction goals and targets. The 2040 General Plan would not conflict with an applicable plan, policy, or regu lation adopted for the purpose of reducing the emissions of greenhouse gases and impacts would be less than significant.

The Housing Element Update proposes housing policies that would encourage housing production within the Planning Area . However, potenti al development of vacant and underutilized sites to accommodate the City’s RHNA would be consistent with the adopted land use plan and would not result in any changes to existing land uses or allow for greater development than what was analyzed in the 2040 General Plan FEIR. Future housing development, consistent with the 2040 General Plan, would be reviewed for consistency with policies and programs aimed to reduce GHG emission impacts as a result of new development.

The revisions to the Housing Element wo uld not result in new GHG emission impacts beyond those identified in the 2040 General Plan FEIR. Following compliance with the recommended 2040 General Plan FEIR mitigation measures and 2040 General Plan Policies, there would be no new significant or sign ificantly different impacts to GHG emissions as a result of the proposed Project. The Housing Element Update has been prepared to be consistent with the 2040 General Plan, and as such, there are no impacts to GHG emissions peculiar to the Housing Element that have not been fully addressed in the 2040 General Plan EIR.

IX. HAZARDS AND HAZARDOUS MATERIALS
The 2040 General Plan FEIR determined that impacts to hazards and hazardous materials would be significant and unavoidable through the implementation of policies and actions in the 2040 General Plan.

Future development, infrastructure, and other projects allowed under the 2040 General Plan may involve the transportation, use, and/or disposal of hazardous materials. Accidental release of hazardous materials that are used in the construction or operation of a project may occur. There is also the potential for accidental release of pre -existing hazardous materials, associated with previous activities on a site. All future projects allowed under the 2040 General Plan would be required to comply with the provisions of Federal, State, and local requirements related to hazardous materials. As future development and infrastructure projects are considered by the City, each project would be evaluated for potential impacts, specific to the project, associated with hazardous materials as required under CEQA. In addition, the 2040 General Plan includes policies and actions to address potential impacts associated with hazardous mate rials among other Item: 11
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issues. These policies and actions in the 2040 General Plan would ensure that potential hazards are identified on a project site, that development is located in areas where potential exposure to hazards and hazardous materials can be miti gated to an acceptable level, and that business operations comply with Federal and State regulations regarding the use, transport, storage, and disposal of hazardous materials. The 2040 General Plan also includes policies and actions to ensure that the Cit y has adequate emergency response plans and measures to respond in the event of an accidental release of a hazardous substance. Therefore, implementation of the 2040 General Plan policies and actions, as well as Federal and State regulations, would ensure that potential impacts associated with the routine use, transport, storage, or disposal or accidental release of hazardous materials would be reduced to a less than significant level.

The 2040 General Plan is not anticipated to directly lead to the establishment of new businesses that would emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste because the 2040 General Plan does not approve any specific development project. However, given the unknown nature of future business establishments within the commercial and industrial use areas, the potential for hazardous materials is present .

Nevertheless, all hazardous materials would be required to be handled in accordance with Federal, State, and County requirements, which would limit the potential for a project to expose nearby uses, including schools, to hazardous emissions or an accidental release. Hazardous emissions are monitored by the SCAQMD, R egional Water Quality Control Board (RWQCB) , Department Toxic Substances Control (DTSC) and the local Certified Unified Program Agenc y (CUPA). In the event of a hazardous materials spill or release, notification and cleanup operations would be performed in compliance with applicable Federal, State, and local regulations and policies, including hazard mitigation plans. As part of the development review process, the City’s 2040 General Plan also requires projects that may result in significant risks associated with hazardous materials to include measures to address and reduce the risks to an acceptable level such that surrounding uses are not exposed to hazardous materials in excess of adopted state and federal standards, and also requires the submittal of information regarding hazardous materials manufacturing, storage, use, transport, and/or disposal by existing and proposed businesses and developments to the Orange County Fire Authority. Compliance with all existing regulations as well as 2040 General Plan policies and actions related to land use compatibility and hazardous materials would ensure that the impact is less than significant.

There are no hazardous materials release sites compiled pursuant to Government Code Section 65962.5 located in the 2040 General Plan Planning Area. There are: three locations with a Lake Forest address that are listed in the Envirostor database; 52 locations within Lake Forest (i.e. with a Lake Forest address) that are listed in the GeoTracker database; and two solid waste facilities listed in the SWIS database. These sites are subject to various Federal and State laws and regulatory agencies, including the CERCLA, EPA, DTSC, and RWQCB. Development allowed by the 2040 General Plan could create a hazard to the public or the environment through a disturbance or release of contaminated materials if the development occurs on or adjacent to contaminated sites without app ropriate measures to contain or mitigate the existing contamination. Federal and State regulations ensure that existing hazards, including those associated with known Item: 11
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hazardous materials sites, are addressed prior to development. Additionally, before accepting as complete an application for any development project, the Local Guidelines for Implementing the California Environmental Quality Act Section states that the City shall consult lists compiled by the Secretary for Environmental Protection of the California EPA pursuant to Government Code Section 65962.5 listing hazardous waste sites and other specified sites located in the City’s boundaries. When acting as Lead Agency, the City shall notify an applicant for a development project if the project site is located on such a list and not already identified. The 2040 General Plan includes policies that are intended to ensure cleanup sites are identified, reviewed, and if needed, remediated, to prevent inappropriate release of hazardous materials. Additionally, compliance with Federal and State regulations and review requirements included in the City’s “Local Guidelines for Implementing the California Environmental Quality Act” would ensure that potential impacts associated with the hazardous conditions on sites listed pursuant to Government Code Section 65962.5 would be less than significant.

There are no airport facilities located within the 2040 General Plan Planning Area. The nearest airport facility within the vicinity of the Planning Area is the John Wayne Airport (SNA): SNA is located to the west of the City, in the City of Santa Ana, in the northern part of Orange County.

Lake Forest does not lie within the Runway Protection Zone, Inner/Outer Safety Zones, Inner Turning Zone, Sideline Safety Zone, or Traffic Pattern Zone for this airport. None of the Planning Area lies within the land use compatibility zones for nearby airports. In relation to airplane noise 2040 General Plan Policy PS-6.10 states that the City will maintain communication with John Wayne Airport and other relevant air transportation agencies to ensure that all future plans have limited impacts to the community of Lake Forest. However, the 2040 General Plan does not include any policies or actions that would impact air hazards or safety. Impl ementation of the 2040 General Plan would have a less than significant impact with regard to this issue.

The 2040 General Plan would allow a variety of new development, including residential, commercial, industrial, and public projects, which would result in increased jobs and population in Lake Forest. Future development and infrastructure projects are not anticipated to remove or impede any established evacuation routes within the City. Furthermore, the 2040 General Plan does not include land uses, polici es, or other components that conflict with adopted emergency response or evacuation plans. However, given that the type, location, and size of future development and infrastructure projects is not known at this time, there is the potential that the City could receive a development proposal that could potentially interfere with an established emergency evacuation route or plan. The 2040 General Plan ensures that the City’s emergency access routes, emergency contact lists, and public information regarding designated facilities and routes are regularly reviewed to ensure that up to date information is available to the City and the public in the event of an emergency. Important new critical facilities would be located to ensure resiliency in the event of a natur al disaster. Implementation of the 2040 General Plan policies and actions listed below would reduce this potential impact to a less than significant level.

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Wildfires are a potential hazard to development and land uses located in the foothill and forested areas of the city. Local Responsibility Areas (LRA) are concentrated in the incorporated areas of Lake Forest. The eastern portions of the city are categorized as a "Very High" Fire Hazard Severity Zone (FHSZ) by CalFire. State Responsibility Areas just out side the Planning Area are found to the east in the hilly terrain of the Foothills. Specifically, this includes the areas that are outside the city limits. The hilly terrain in this State Responsibility Area is categorized as a "High" FHSZ.

Development under the 2040 General Plan would allow development to place people and/or structures in currently developed areas that are identified as having a significant risk of wildland fires. All future projects allowed under the 2040 General Plan would be required to comply with the provisions of Federal, State, and local requirements related to wildland fire hazards, including State fire safety regulations associated with wildland -urban interfaces, fire -safe building standards, and defensible space requirements. As future development and infrastructure projects are considered by the City, each project would be evaluated for potential impacts, specific to the project, associated with wildland fire hazards as required under CEQA. However, even with the policies regulati ons and standards, given that existing and limited future development in Lake Forest would be allowed in areas identified as having a very high risk of wildfire, there will always be a risk of loss of life and property as a result of wildland fires within populated areas of the City. Therefore, impacts related to this topic would remain significant and unavoidable. Implementation of the 2040 General Plan policies and actions, combined with local and state requirements discussed previously, would ensure that potential wildland fire hazards to people and structures is mitigated to the greatest extent feasible. However, the City cannot state with certainty that this impact would be reduced to a less than significant level. There is no additional feasible mitiga tion available that would reduce this potential impact to a less than significant level.

The revisions to the Housing Element would not result in new hazards and hazardous materials impacts beyond those identified in the 2040 General Plan FEIR. Following compliance with the recommended 2040 General Plan FEIR mitigation measures and 2040 General Plan Policies, there would be no new significant or significantly different impacts related to hazards and hazardous materials as a result of the proposed Project. The Housing Element Update has been prepared to be consistent with the 2040 General Plan, and as such, there are no impacts to hazards and hazardous materials peculiar to the Housing Element that have not been fully addressed in the 2040 General Plan EIR.

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X. HYDROLOGY AND WATER QUALITY
The 2040 General Plan FEIR determined that impacts to hydrology and water quality would be less than significant through the implementation of policies and actions in the 2040 General Plan.

Grading, excavation, removal of ve getation cover, and loading activities associated with future construction activities could temporarily increase runoff, erosion, and sedimentation.

Construction activities also could result in soil compaction and wind erosion impacts that could adversely affect soils and reduce the revegetation potential at construction sites and staging areas. The 2040 General Plan sets policies and actions for build -out of the City, but it does not envision or authorize any specific development project. Because of this, the site -specific details of potential future development projects are currently unknown and analysis of potential impacts of such projects is not feasible and would be speculative. However, each future project must include detailed project specific drainage plans that control storm water runoff and erosion, both during and after construction. The RWQCB will require a project specific SWPPP to be prepared for each future project that disturbs an area one acre or larger. The SWPPPs will include project specific best management measures that are designed to control drainage and erosion.

Due to future development and infrastructure projects, t he overall volume of runoff in Lake Forest could be increased compared to existing conditions. Future increases in impe rvious surfaces would result in increased urban runoff , pollutants, and first flush roadway contaminants, as well as an increase in nutrients and other chemicals from landscaped areas.

Additionally, if the City’s drainage system is not adequately designed, 2040 General Plan buildout could result in localized higher peak flow rates.

The City manages local storm drain facilities and the Orange County Flood Control District (OCFCD) is responsible for regional flood control planning within the County. Provisio n of stormwater detention facilities as needed would reduce runoff rates and peak flows. The implementation of the 2040 General Plan includes policies aimed to enhance stormwater quality and infiltration as well as actions to review development projects to identify potential stormwater and drainage impacts and require development to include measures to ensure off - site runoff is not increased beyond pre -development levels. Existing regulatory requirements that manage water quality include requirements to obtain approval from the RWQCB for NPDES permits, other discharge permits, WQMP s, SWPPPs, and to implement B est Management Practices. These regulatory requirements are intended to ensure that water quality does not degrade to levels that would violate water quality standards. Through implementation of the 2040 General Plan policies and actions, implementation of the Lake Forest Municipal Code requirements, compliance with mandatory Federal and State regulations, and compliance with the existing regulations for the San Diego Creek and Aliso Creek Watersheds would ensure that impacts to drainage patterns and water quality would be mitigated to a less than significant level.

The City of Lake Forest is underlain by the Orange County Groundwater Basin. The City of Lake Forest does not directly provide water service to its residents. Rather, three separate, independent utility districts provide this service to residents within the City. The majority of the Item: 11
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City of Lake Forest’s residents are provided water, wastewater collection, and wastewater treatment services by the Irvine Ranch Water District (IRWD). R esidents located along the southwest edge of the City are provided these utility services by El Toro Water District (ETWD).

Finally, a small portion of residents in the northeastern section of the City are serviced by Trabuco Canyon Water District (TCWD). IRWD is projected to have significantly more supply than demand in 2035 (the furthest projected year). ETWD’s projected 2035 supply is equal to the demand.

Subsequent development projects under the 2040 General Plan, such as residential, commercial, industrial, and roadway projects would result in new impervious surfaces and co uld reduce rainwater infiltration and groundwater recharge. However, the majority of the developable areas within the city are currently developed with urban uses. The majority of open undeveloped lands within the city are designated for parks and open space uses. The 2040 General Plan Land Use Map does not re -designate any areas currently designated for open spaces uses to urban uses.

Given that implementation and future buildout of the 2040 General Plan would not appreciably add to the volume of imperious surfaces in Lake Forest, when compared to the overall size of the regional groundwater basin recharge area, and that there are adequate water supplies (including groundwater) to serve the projected buildout demand of the 2040 General Plan , this potential impact would be less than significant. Additionally, the 2040 General Plan includes policies that support water conservation, the use of permeable surfaces and the use of recycled water for non- potable uses and coordination with local water districts when planning for adequate capacity to accommodate future growth. The 2040 General Plan and development codes are consistent with the Groundwater Management Plan. Implementation of the following 2040 General Plan policies, combined with allocation standard for water producers set by the OCWD Groundwater Management Plan Basin Production Percentage (BPP), would further ensure that the 2040 General Plan would have a less than significant impact. 2040 General Plan implementation has the potential to impact the Plan ning Area’s storm drainage system. The potential impacts would be primarily derived from development in what are now underdeveloped and/or underutilized areas. The 2040 General Plan sets policies and actions for build-out of the City, but it does not envision or authorize any specific development project. Because of this, the site -specific details of potential future development projects are currently unknown and analysis of potentia l impacts of such projects is not feasible and would be speculative. F uture project applicant s would be required to obtain permits from the Army Corps of Engineers and the Department of Fish and Wildlife if any work is performed within a waterway. Each future development project must also include detailed project specific floodplain and drainage studies that assess the drainage characteristics and flood risks so that an appropriate storm drainage plan can be prepared to control storm water runoff, both during and after construction. The drainage plan will ultimately include project specific best management measures that are designed to allow for natural recharge and infiltration of stormwater.

Construction of storm drainage improvements would occur as part of an overall development or infrastructure project, and is considered in the environmental impacts associated with project construction and implementation as addressed throughout this EIR. Through implementation of Item: 11
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the 2040 General Plan policies and actions, implementation of the Lake Forest Municipal Code requirements, compliance with mandatory Federal and State regulations, and compliance with the existing regulations for the San Diego Creek and Aliso Creek Watersheds would ensure that impacts related to increased flooding or water quality impacts associated with increased runoff would be mitigated to a less than significant level.

The Planning Area is subject to limited flooding problems along the natural creeks , drainages, and lakes in the Planning Area. Only a small area within Lake Forest is located within a mapped portion of either the 100-year or 500- year FEMA flood zones. The 2040 General Plan would allow development and improvement projects that would involve some land clearing, grading, and other ground-disturbing activities that could temporarily increase soil erosion rates during and shortly after project construction. As required by the Clean Water Act, each subsequent development project or improvement project will require an approved SWPPP that includes best management practices for grading and preservation of topsoil. In addition to complying with the NPDES programs and WQMP stormwater requirements, the 2040 General Plan contains policies to reduce impacts associated with stormwater and drai nage including policies to maintain sufficient levels of storm drainage service, improvements to flood control facilities and channel segments, and other best practices in order to protect the community from flood hazards and minimize the discharge of mate rials into the storm drain system that are toxic. The implementation of the 2040 General Plan would result in a less than significant impact There are no dam inundation areas in the City of Lake Forest. As such, the City is not at significant risk from a dam failure. In addition, limited isolated damage to adjacent and down -slope structures has been observed from seiches occurring in swimming po ols and in small shallow lakes and ponds. Man -made lakes within the Planning Area are shallow with limited surface areas, and would not generate devastating seiches. The City of Lake Forest is not within a tsunami hazard area and would not be subject to s ubstantial impacts from seiche events. This is a less than significant impact.

The Project does not propose site -specific development, but is rather an update to a policy document to comply with new laws and reinforce existing policy direction. The Housing Element Update proposes housing policies that would encourage housing production within the Planning Area. However, potential development of vacant and underutilized sites to accommodate the City’s RHNA would be consistent with the adopted land use policy and would not result in any changes to existing land uses or allow for greater development than what was analyzed in the 2040 General Plan FEIR. Future housing development, consistent with the 2040 General Plan, would be reviewed for consistency with policies and programs aimed to reduce potential impacts associated with hydrology and drainage. The 2040 General Plan includes policies and programs to reduce potential impacts to hydrology and water quality , increase water supply, decrease pollutants, and increase groundwater quality to reduce potential impacts.

The revisions to the Housing Element would not result in new hydrology and water quality impacts beyond those identified in the 2040 General Plan FEIR. Following compliance with the Item: 11
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recommended 2040 General Plan FEIR mitigation measures and 2040 General Plan Policies, there would be no new significant or significantly different impacts related to hydrology and water as a result of the proposed Project. The Housing Element Update has been prepared to be consistent with the 2040 General Plan, and as such, there are no impacts to hydrology and water quality peculiar to the Housing Element that have not been fully addressed in the 2040 General Plan EIR.

XI. LAND USE AND PLANNING
The 2040 General Plan FEIR determined that impacts to land use and planning would be less than significant through the implementation of policies and actions in the 2040 General Plan.

The 2040 General Plan establishes the City’s vision for future growth and development. New development and redevelopment projects would be designed to complement the character of the existing community and neighborhoods and provide connectivity between existing development and new development. The 2040 General Plan does not include any new areas designated for urbanization or new roadways, infrastructure, or other features that would divide existing communities. The refore, the 2040 General Plan would have a less than significant impact associated with the physical division of an established community.

The 2040 General Plan would not remove or conflict with City plans, policies, or regulations adopted for environmental protection. The 2040 General Plan would require modifications to the City’s Zoning Ordinance to provide consistency between th e 2040 General Plan and zoning; however, these modifications will not remove or adversely modify portions of the Lake Forest Municipal Code that were adopted to mitigate an environmental effect. Subsequent development and infrastructure projects would be r equired to be consistent with all applicable policies, standards, and regulations, including those land use plans, policies, and regulations adopted to mitigate environmental effects by the City as well as those adopted by agencies with jurisdiction over c omponents of future development projects. Any potential environmental impact associated with conflicts with land use requirements would be less than significant.

The Project does not propose site -specific development, but is rather an update to a policy document to comply with new laws and reinforce existing policy direction. Potential development of vacant and underutilized sites to accommodate the City’s RHNA would be consistent with the adopted land use plan and would not result in any changes to existi ng land uses or allow for greater development than what was analyzed in the 2040 General Plan FEIR.

Future housing development, consistent with the 2040 General Plan, would be reviewed for consistency with land use policies and programs. The 2040 General Plan includes policies and programs to reduce potential impacts resulting from new development and intensification of land uses.

The revisions to the Housing Element would not result in new land use and planning impacts beyond those identified in the 2040 General Plan FEIR. Following compliance with the recommended 2040 General Plan FEIR mitigation measures and 2040 General Plan Policies, there would be no new significant or significantly different impacts to land use and planning as a Item: 11
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result of the proposed Project. The Housing Element Update has been prepared to be consistent with the 2040 General Plan, and as such, there are no impacts to land use and planning peculiar to the Housing Element that have not been fully addressed in the 2040 General Plan EIR.

XII. MINERAL RESOURCES
The 2040 General Plan FEIR determined that impacts to mineral resources would be less than significant through the implementation of policies and actions in the 2040 General Plan.

Within the 2040 General Plan Planning Area, mineral resources include sand and gravel. The 62- acre area designated as MRZ-2 is currently developed with residential uses, a baseball field, and a storm drain basin. Given that the only known MRZ in Lake Forest has already been mined and then subsequently developed, there is no additional potential for resource extraction from this MRZ. There are no other known mineral deposits or resources within Lake Forest that are of significant value to the region or the state. As such, implementation of the 2040 General Plan would have a less than significant impact.

The Planning Area does not contain a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan. The proposed project would not result in loss of a mineral resource. Therefore, this impact is considered less than significant.

The revisions to the Housing Element would not result in new mineral resources impacts beyond those identified in the 2040 General Plan FEIR. Following compliance with the recommended 2040 General Plan FEIR mitigation measures and 2040 General Plan Policies, there would be no new significant or significantly different impacts to mineral resources as a result of the proposed Project. The Housing Element Update has been prepared to be consistent with the 2040 General Plan, and as such, there are no impacts to mineral resources peculiar to the Housing Element that have not been fully addressed in the 2040 General Plan EIR.

XIII. NOISE
The 2040 General Plan FEIR determined that impacts to noise would be less than significant through the implementation of policies and actions in the 2040 General Plan.

Buildout of the 2040 General Plan would not result to an exceedance of the City’s transportation noise standards and/or result in significant incre ases in traffic noise levels at existing sensitive receptors; this is a less than significant impact.

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Future development located along railroad lines could be exposed to unacceptable exterior noise levels. However, implementation of the 2040 General Plan policies and actions would ensure that development allowed under the 2040 General Plan is not exposed to noise levels associated with railroad operations in excess of the City’s established standards. This is a less than significant impact.

Implementation of the 2040 General Plan could result in the future development of land uses that generate noise levels in excess of applicable City noise standards for non -transportation noise sources. While the 2040 General Plan does not specifically propose any new nois e generating uses, the Land Use Map includes industrial land use designations, which may result in new noise sources. Specific land uses that would be located in the City are not known at this time. The 2040 General Plan includes policies and actions that are intended to reduce noise associated with stationary sources. Implementation of the proposed policies and actions of the 2040 General Plan will reduce noise impacts from stationary noise sources to a less than significant level.

New development, maintenance of roadways, and installation of public utilities and infrastructure generally require construction activities. The 2040 General Plan includes policies and actions that are intended to reduce noise associated with construction noise. Implementation of the proposed policies and actions of the 2040 General Plan will reduce noise impacts from construction noise to a less than significant level.

Construction activities facilitated by the 2040 General Plan may include demolition of exist ing structures, site preparation work, excavation of below grade levels, foundation work, pile driving, and new building erection, and may potentially generate substantial vibration in the immediate vicinity. 2040 General Plan Action PS-6e would ensure administrative controls such as notifying neighbors of scheduled construction activities and scheduling construction activities with the highest potential to produce perceptible vibration to hours with the least potential to affect nearby businesses, in order to ensure that perceptible vibration can be kept to a minimum, and as such would not result in a significant impact with respect to perception.

Development facilitated by the 2040 General Plan could expose persons to excessive groundborne vibration levels attributable to trains. The 2040 General Plan includes Action PS - 6f requires that individual development projects undergo project-specific environmental review and address potential vibration impacts associated with railroad operations. If project -level significant vibration impacts are identified, specific mitigation measures will be required under CEQA. The implementation of this policy would limit potential groundborne vibrations associated with railroad operations to a less than significant level.

The City of Lake Forest is not located within any adopted airport land use plan, there are no private airstrips in the vicinity of the City, and there are no public airports located within two miles of the City. As such, there are no impacts related to pri vate airports, public airports, airstrips, or adopted airport land use plans.

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Cumulative conditions would not contribute to an exceedance of the City’s transportation noise standards and would not result in significant increases in traffic noise levels at existing sensitive receptors. Therefore, the 2040 General Plan would have a less than cumulatively considerable impact relative to traffic noise.

The Project does not propose site -specific development, but is rather an update to a policy document to comply with new laws and reinforce existing policy direction. The Housing Element Update proposes housing policies that would encourage housing production within the Planning Area. However, potential development of vacant and underutilized sites to accommodate the City’s RHNA would be consistent with the adopted land use policy and would not result in any changes to existing land uses or allow for greater development than what was analyzed in the 2040 General Plan FEIR. Future housing development, consistent with the 2040 General Plan, would be reviewed for consistency with policies and programs aimed to reduce potential impacts associated with noise. The 2040 General Plan includes policies and programs to reduce potential impacts to ambient noise levels as a result of groundborne vibration or exposure to excessive noise levels.

The revisions to the Housing Element would not result in noise impacts beyond those identified in the 2040 General Plan FEIR. Following compliance with the recommended 2040 General Plan FEIR mitigation measures and 2040 General Plan Policies, there would be no new significant or significantly different impacts related to noise as a r esult of the proposed Project. The Housing Element Update has been prepared to be consistent with the 2040 General Plan, and as such, there are no impacts to noise peculiar to the Housing Element that have not been fully addressed in the 2040 General Plan EIR.

XIV. POPULATION AND HOUSING
The 2040 General Plan FEIR determined that impacts to population and housing would be less than significant through the implementation of policies and actions in the 2040 General Plan. This topical area is addressed in the 2040 General Plan FEIR’s Land Use Planning and Population/Housing section.

The 2040 General Plan accommodates future growth in Lake Forest that may increase the city’s population by approximately 70,574 residents and 14,202 employees compared to the existing condition. With implementation of 2040 General Plan policies and actions intended to guide growth to appropriate areas and provide services necessary to accommodate growth, the land uses allowed under the 2040 General Plan, the infrast ructure anticipated to accommodate proposed land uses, and the goal and policy framework would not induce growth that would exceed adopted thresholds, beyond those disclosed and analyzed throughout the 2040 General Plan EIR. Therefore, population and housing growth associated with the 2040 General Plan would result a less than significant impact, as there are no additional potential environmental impacts that would result from growth accommodated by the 2040 General Plan.

The majority of developed land in the Planning Area is comprised of residential uses, which are not anticipated to undergo significant land use changes under the Proposed Project. The Item: 11
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Proposed Project focuses infill development opportunities in vacant and underutilized areas in Lake Forest, as well as areas currently developed with commercial uses which may transition to mixed uses in the future. The 2040 General Plan Land Use Map was developed to preserve existing neighborhoods throughout the City. Throughout the Planning Area, the Proposed Project is projected to increase the overall number of dwelling units and provide housing to serve the diverse needs of the community at various socioeconomic levels. Therefore, impacts of the 2040 General Plan on the displacement of people or housing are considered less than significant.

The Housing Element Update proposes housing policies that would encourage housing production within the Planning Area . However, potential development of vacant and underutilized sites to accommodate the City’s RHNA would be consistent with the adopted land use policy and would not result in any changes to existing land uses or allow for greater development than what was analyzed in the 2040 General Plan FEIR. Future housing development, consistent with the 2040 General Plan, would be reviewed for consistency with policies and programs aimed to reduce potential impacts associated with substantial unplanned population growth and displacement.

The revisions to the Housing Element would not result in housing and population impacts beyond those identified in the 2040 General Plan FEIR. Following compliance with the recommended 2040 General Plan FEIR mitigation measures and 2040 General Plan Policies, there would be no new significant or significantly different impacts related to population and housing as a result of the proposed Project. The Housing Element Update has been prepared to be consistent with the 2040 General Plan, and as such, there are no impacts to population and housing peculiar to the Housing Element that have not been fully addressed in the 2040 General Plan EIR.

XV. PUBLIC SERVICES
The 2040 General Plan FEIR determined that impacts to public services would be less than significant through the implementation of policies and actions in the 2040 General Plan.

Development accommodated under the 2040 General Plan would result in additional residents and businesses in the City, including new residential, industrial, office, and commercial uses.

Development and growth facilitated by the 2040 General Plan would result in increased demand for public services, including fire protection, law enforcement, schools, parks, libraries, and other public and governmental services. The 2040 General Plan includes policies and actions to ensure that public services are provided a t acceptable levels and that the City will m aintain and implement public facility master plans, in collaboration with appropriate outside service providers and other agencies, to ensure compliance with appropriate regional, state, and federal laws and to provide efficient public facilities and services to Lake Forest.

The 2040 General Plan does not propose or approve actual development projects, or the physical expansion of public facilities. As future development and infrastructure projects (including new governmental facilities) are considered by the City, each project will be evaluated for conformance with the 2040 General Plan, Municipal Code, and other applicable regulations. Such development and infrastructure projects would also be analyzed for potent ial environmental Item: 11
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impacts, consistent with the requirements of CEQA. Any future expansion of public facilities required by growth in the City would be required to be reviewed for site -specific impacts. The 2040 General Plan includes a range of policies and actions to ensure that public services are provided in a timely fashion, are adequately funded, are coordinated between the City and appropriate service agency, and that new development funds its fair share of services. The specific impacts of providing n ew and expanded facilities cannot be determined at this time, as the 2040 General Plan does not propose or authorize development nor does it designate specific sites for new or expanded public facilities. However, the facilities would be primarily provided on sites with land use designations that allow such uses and the environmental impacts of constructing and operating the governmental facilities would likely be similar to those associated with new development, redevelopment, and infrastructure projects under the 2040 General Plan.

Therefore, impacts related to the provisions and need for public facilities are less than significant.

Growth accommodated under the 2040 General Plan would include a range of uses that c ould increase the population of the City and also attract additional workers and tourists to the City.

Such growth would result in increased demand for parks and recreation facilities. The 2040 General Plan does not propose or approve any development nor does it designate specific sites for new or expanded parks and recreational facilities. The 2040 General Plan includes a range of policies and actions to ensure that parks and recreational facilities are adequately funded, and that new development funds its fair share of services needed to meet 2040 General Plan objectives. New development is required to participate in the provision and expansion of public services, recreational amenities, and facilities, and is also required to demonstrate that the City’s public services and facilities can accommodate the increased demand for said services and facilities associated with future projects during the entitlement process . Any new parks or recreational facilities that may be constructed in the future would be primarily provided on sites with land use designations that allow such uses and the environmental impacts of constructing and operating the parks and recreational facilities would likely be similar to those associated with new development, redevelopment, and infrastructure projects under the 2040 General Plan.

Therefore, impacts related to the provisions and need for park and recreational facilities are less than significant.

The Housing Element Update proposes housing policies that would encourage housing production within the Planning Area. Potential development of vacant and underutilized sites to accommodate the City’s RHNA would be consistent with the adopted land use policy and would not result in any changes to existing land uses. The 2040 General Plan in cludes policies and programs to reduce potential impacts to public services as a result of new development and intensification of land uses.

The revisions to the Housing Element would not result in public services impacts beyond those identified in the 20 40 General Plan FEIR. Following compliance with the recommended 2040 General Plan FEIR mitigation measures and 2040 General Plan Policies, there would be no new significant or significantly different impacts related to public services as a result of the proposed Project. The Housing Element Update has been prepared to be consistent with the 2040 General Item: 11
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Plan, and as such, there are no impacts to public services peculiar to the Housing Element that have not been fully addressed in the 2040 General Plan EIR.

XVI. RECREATION
The 2040 General Plan FEIR determined that impacts to recreation would be less than significant through the implementation of policies and actions in the 2040 General Plan. This topical area is addressed in the 2040 General Plan FEIR’s Public Services and Recreation section. As discussed above and in the 2040 General Plan FEIR, impacts related to the provisions and need for park and recreational facilities are less than significant.

The Housing Element Update proposes housing policies that would encourage housing production within the Planning Area . However, potential development of vacant and underutilized sites to accommodate the City’s RHNA would be consistent with the adopted land use policy and would not result in any changes to existing land uses or allow for greater development than what was analyzed in the 2040 General Plan FEIR. The 2040 General Plan includes policies and programs to reduce potential impacts to parks and recreation facilities as a result of new development and intensification of land uses.

The revisions to the Housing Element would not result in parks and recreation facilities impacts beyond those identified in the 2040 General Plan FEIR. Following compliance with the recommended 2040 General Plan FEIR mitigation measures and 2040 General Plan Policies, there would be no new significant or significantly different impacts related to recreation as a result of the proposed Project. The Housing Element Update has been prepared to be consistent with the 2040 General Plan, and as such, there are no impacts to recreation peculiar to the Housing Element that have not been fully addressed in the 2040 General Plan EIR.

XVII. TRANSPORTATION
The 2040 General Plan FEIR determined that impacts to transportation would be less than significant through the implementation of policies and actions in the 2040 General Plan.

The 2040 General Plan is not expected to increase vehicle miles traveled (VMT) per person above No Project conditions. Therefore, the VMT-related impacts of the Plan would be considered less than significant.

The Orange County Transit Authority’s (OCTA’s) Congestion Management Program ( CMP) designates three CMP intersections; all three are expected to operate acceptably (Level of Service E or better) under Cumulative (2040) Plus Plan (2040 General Plan) conditions. Therefore, the impacts of the 2040 General Plan to CMP facilities would be considered less than significant.

As noted previously, there are no airport facilities located within the 2040 General Plan Planning Area. John Wayne Airport is located approximately 10 miles northwest of Lake Forest. The nature of the 2040 General Plan as a local plan for residential and commercial development (including mixed-used development) within the City of Lake Forest is such that it would not result in a change in air traffic patterns. Lake Forest itself has no existing or planned airport facilities, and Item: 11
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potential development within the Planning Area would have no effect on the John Wayne Airport approach or departure zones. Development attributable to the 2040 General Plan would be expected to have no impact to air traffic.

Lake Forest maintains improvement standards that guide the construction of new transportation facilities to minimize design hazards for all users of the system. Development and infrastructure projects in Lake Forest would be required to comply with the 2040 General Plan, Municipal Code, and applicable State and local regulations. Further, the 2040 General Plan does not contain any provisions that would increase hazards due to design features of incompatible uses. Therefore, this impact is less than significant.

Implementation of the 2040 General Plan would result in increased development which would result in new roadways and would increase the number of users on the city’s transportation system. The 2040 General Plan is a programmatic-level document, and emergency accessibility is typically assessed at the project -level. Adequacy of emergency access associated with future development projects would be analyzed and evaluated in detail through the environmental review process. Additionally, the Mobility Element d eveloped as part of the 2040 General Plan contains policies in support of emergency access along local roads. As a result, the 2040 General Plan’s impacts to emergency circulation and access are considered to be less than significant.

Implementation of the 2040 General Plan could lead to increases in the city’s population and employment that would increase the demand for transit services offered by OCTA, Metrolink, and Amtrak. The 2040 General Plan includes policies that support transit -oriented development patterns, strengthen ties between the pedestrian and bicycle networks to transit, promote enhancements to transit facilities, and support increased transit coverage and frequencies in Lake Forest. The Mobility Element developed as par t of the 2040 General Plan contains several policies that support access to and the performance of transit, bicycle, and pedestrian facilities.

Further, the Plan includes mixed-use development that is supportive of non-automotive modes.

Overall, the impact of the Plan with respect to access to and performance of transit, bicycle, and pedestrian impacts would be considered less than significant, The Housing Element Update proposes housing policies that would encourage housing production within the Planning A rea. However, potential development of vacant and underutilized sites to accommodate the City’s RHNA would be consistent with the adopted land use policy and would not result in any changes to existing land uses or allow for greater development than what w as analyzed in the 2040 General Plan FEIR. The 2040 General Plan includes policies and programs to reduce potential impacts to the circulation system as a result of new development and intensification of land uses.

The revisions to the Housing Element wou ld not result in transportation impacts beyond those identified in the 2040 General Plan FEIR. Following compliance with the recommended 2040 General Plan FEIR mitigation measures and 2040 General Plan Policies, there would be no new significant or significantly different impacts related to transportation as a result of the proposed Project. The Housing Element Update has been prepared to be consistent with the 2040 General Item: 11
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Plan, and as such, there are no impacts to transportation peculiar to the Housing Element that have not been fully addressed in the 2040 General Plan EIR.

XVIII. TRIBAL CULTURAL RESOURCES
The 2040 General Plan FEIR determined that impacts to tribal cultural resources would be less than significant through the implementation of policies and actions in the 2040 General Plan. This topical area is addressed in the 2040 General Plan FEIR’s Cultural Resources section.

As discussed above, impacts from future development could impact unknown archaeological resources including Native American artifacts and human remains. Impacts would be reduced to a less-than-significant level with implementation of 2040 General Plan policies and actions and local review guidelines. Compliance with the 2040 General Plan policies and actions, as well as State and local guidelines would provide an opportunity to identify, disclose, and avoid or minimize the disturbance of and impacts to a tribal resource through tribal consultation and CEQA review procedures. Therefore, impacts related to tribal resources as a result of 2040 General Plan implementation would be considered less than significant.

The Housing Element policies and programs would not have an impact on existing 2040 General Plan policies protecting tribal cultural resources.

The revisions to the Housing Element would not result in new tribal cultural resource impacts beyond those identified in the 2040 General Plan FEIR. Following compliance with the recommended 2040 General Plan FEIR mitigation measures and 2040 General Plan Policies, there would be no new significant or significantly different impacts to tribal cultural resources as a result of the proposed Project. The Housing Element Update has been prepared to be consistent with the 2040 General Plan, and as such, there are no impacts to tribal cultural resources peculiar to the Housing Element that have not been fully addressed in the 2040 General Plan EIR.

XIX. UTILITIES AND SERVICE SYSTEMS
The 2040 General Plan FEIR determined that impacts to utilities and service systems would be less than significant through the implementation of policies and actions in the 2040 General Plan.

Implementation of the 2040 General Plan would result in increased population and employment growth within the Planning Area, and a corresponding increase in the demand for additional water supplies. As described above, when the net impact to potable water demand is compared to the supply available to the two water Districts, it can be seen that both D istricts have ample water supply to account for buildout of the 2040 General Plan . Given that projected water Item: 11
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demands associated with 2040 General Plan buildout would not exceed the p rojected available water supplies, and that the 2040 General Plan includes a comprehensive set of goals and policies to ensure an adequate and reliable source of clean potable water, impacts associated with water supplies are less than significant.

Development and growth in the C ity under the 2040 General Plan would result in increased demand for water supplies, including water conveyance and treatment infrastructure. The 2040 General Plan includes policies and actions to ensure that water supplies are provided at acceptable levels and to ensure that development and growth does not outpace the provision of available water supplies. Future development in the Planning Area would be required to connect to existing water distribution infrastructure in the vicinity of each site, pay the applicable water system connection fees, and pay the applicable water usage rates. Future projects may be required to implement site specific and limited off -site improvements to the water distribution system in order to connect new project sites to the existing water infrastructure network. The specific impacts of providing new and expanded waster distribution infrastructure cannot be determined at t his time, as the 2040 General Plan does not propose or authorize any specific development projects or include details on any future development projects. However, any future improvements to the existing water distribution infrastructure would be primarily provided on sites with land use designations that allow for urbanized land uses, and the environmental impacts of constructing and operating the new water distribution infrastructure would likely be similar to those associated with new development, redevelopment, and infrastructure projects under the 2040 General Plan. Therefore, this impact is considered less than significant.

As with the water system, the City’s sewer services are divided up by three utility districts, IRWD, ETWD, and TCWD. As Lake Forest continues to develop in the future, there will be an increased need for water and wastewater services, including a reliable source of recycled water. These needs have been addressed in the three utility districts’ master plans and will require that the districts, in coordination with the City, continue to implement phased improvements to some pump stations, sewer mains, and the various wastewater treatment plants when triggered by growth While full buildout of the development contemplated in the 2040 General Plan would slightly increase the existing treatment demand at the districts’ treatment plants, the 2040 General Plan includes a range of policies designed to ensure an adequate wastewater treatment capacity for development. Given that projected wastewater generation volumes associated with 2040 General Plan buildout would not exceed the projected wastewater generation volumes described in the IRWD Master Plan and ETWD Master Plan , this impact would be less than significant.

Development contemplated under the 2040 General Plan would result in increased wastewater flows, resulting in the need for additional or expanded wastewater treatment facilities and conveyance infrastructure, as described above. The infrastructure and facilities necessary to serve new growth would involve development of some facilities on new development sites, some facilities off-site, such as at existing wastewater treatment facilities, on appropriately designated land, and may also involve improvements to other existing facilities and disturbance of exist ing Item: 11
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rights-of-way. The specific impacts of providing new and expanded facilities cannot be determined at this time, as the 2040 General Plan does not propose or approve development nor does it designate specific sites for new or expanded public facilities. Wastewater treatment and conveyance facilities would be evaluated at the project -level in association with subsequent development projects. However, the facilities would be primarily provided on sites with land use designations that allow such uses and the environmental impacts of constructing and operating the facilities would likely be similar to those associated with new development, redevelopment, and infrastructure projects under the 2040 General Plan . As future development and infrastructure projects are considered by the City, each project will be evaluated for conformance with the 2040 General Plan , Municipal Code, and other applicable regulations. Subsequent development and infrastructure projects would also be analyzed for potential environmental impacts, consistent with the requirements of CEQA. As such, this impact would be less than significant.

Development under the 2040 General Plan would result in increased areas of impervious surfaces throughout the Planning Area, resulting in the need for additional or expanded stormwater drainage, conveyance, and retention infrastructure. Stormwater drainage and conveyance facilities would be evaluated at the project -level in association with subsequent development projects. However, the facilities would be primarily provided on sites with land use designations that allow such uses and the environmental impacts of constructing and operating the facilities would likely be similar to those associated with new development, redevelopment, and infrastructure pro jects under the 2040 General Plan . As future development and infrastructure projects are considered by the City, each project will be evaluated for conformance with the 2040 General Plan , Municipal Code, and other applicable regulations. Subsequent development and infrastructure projects would also be analyzed for potential environmental impacts, consistent with the requirements of CEQA. As such, this is a less than significant impact.

The City’s projected increase in solid waste generation associated with future buildout of the 2040 General Plan is well within the permitted capacity of the Frank R. Bowerman Sanitary Landfill, where the City disposes of the vast majority of its solid waste. Future projects within the Planning Area would be required to compl y with applicable state and local requirements including those pertaining to solid waste, construction waste diversion, and recycling. While there is adequate permitted landfill capacity to accommodate future growth, the 2040 General Plan includes actions to further reduce the project’s impact on solid waste services. The 2040 General Plan would not exceed the permitted capacity of the landfill serving the city, and the 2040 General Plan complies with regulations related to solid waste. This is a less than significant impact.

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includes policies and programs to reduce potential impact s to utilities and service systems as a result of new development and intensification of land uses. The Housing Element policies and programs would not have an impact on existing 2040 General Plan policies addressing utilities and service systems.

The revisions to the Housing Element would not result in new utilities and service systems impacts beyond those identified in the 2040 General Plan FEIR. Following compliance with the recommended 2040 General Plan FEIR mitigation measures and 2040 General Plan Policies, there would be no new significant or significantly different impacts related to utilities and service systems as a result of the proposed Project. The Housing Element Update has been prepared to be consistent with the 2040 General Plan, and as such, there are no impacts to utilities and service systems peculiar to the Housing Element that have not been fully addressed in the 2040 General Plan EIR.

XX. WILDFIRE
The 2040 General Plan FEIR determined that impacts to wildfire would be less than significant through the implementation of policies and actions in the 2040 General Plan.

The 2040 General Plan would allow a variety of new development, including residential, commercial, industrial, and public service projects, which would result in increased jobs and population in Lake Forest. Future projects are not anticipated to remove or impede evacuation routes, and the 2040 General Plan does not include land uses, policies, or other components that conflict with adopted emergency response or evacuation plans. The 2040 General Plan is a policy document that does not include any site specific designs or proposals and does not propose any entitlements for development that would have the potential to impair or conflict with an adopted emergency response or evacuation plan. Any future development projects that would implement the 2040 General Plan , including buildout of uses contemplated under the proposed Land Use Map, would be subject to all applicable City regulations, reviews, and requirements pertaining to emergency response, emergency access, and maintaining emergency evacuation routes, as well as further CE QA analysis of project -specific impacts. The 2040 General Plan ensures that the City’s emergency access routes, emergency contact lists, and public information regarding designated facilities and routes are regularly reviewed to ensure that up to date info rmation is available to the City and the public in the event of an emergency. Important new critical facilities would also be located to ensure resiliency and functionality in the event of a natural disaster.

Implementation of the 2040 General Plan would have a less than significant impact with regard to this issue.

Development under the 2040 General Plan would allow development to place people and/or structures in currently developed areas that are identified as having a significant risk of wildland fires. Any future development projects that would implement the 2040 General Plan including buildout of uses allowed under the proposed Land Use Map would be subject to all applicable City regulations, reviews, and requirement s pertaining to emergency response, emergency access, and maintaining emergency evacuation routes, as well as being subject to all applicable Item: 11
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building code and fire code requirements as well as further CEQA analysis of project -specific impacts for individual development projects. Nothing in the 2040 General Plan will substantially alter the slope, prevailing winds, or other factors that would increase exposure to Lake Forest residents, employees or visitors to increased pollutant concentrations from wildfir e or result in the uncontrollable spread of a wildfire. 2040 General Plan implementation would not exacerbate wildfire risks in Very High Fire Hazard Severity Zones (VHFHSZs); therefore, these impacts would be less than significant.

Development in or near fire hazard severity zones would require the construction and installation of infrastructure, including roads water and sewer and power lines. Development of such infrastructure may increase wildfire risks in the affecte d areas. Infrastructure required to serve development allowed under the 2040 General Plan would generally be located in and along established City roadways and would be located in areas that are already urbanized and are currently served by infrastructure. As such, implementation of the 2040 General Plan would not exacerbate wildfire risks.

The potential for future projects to impact environmental resources to meet compliance with fire development standards (such as fuel breaks and clearance requir ements) would require site - specific environmental review under CEQA to identify any site-specific impacts. As demonstrated throughout the EIR, implementation of th e various policies and actions contained in the 2040 General Plan would reduce potential impacts associated with the construction and expansion of infrastructure. Implementation of the 2040 General Plan policies and actions listed below, combined with local and state requirements, as discussed previously, would ensure that potential wildland fire hazards would not be exacerbated by local infrastructure, and this impact would be reduced to a less than significant level.

Expansion of man -made developments in to fire-prone wildlands has created situations where fast-moving, highly destructive debris flows triggered by intense rainfall are one of the most dangerous post-fire hazards. The 2040 General Plan would allow development and improvement projects that would involve some land clearing, grading, and other ground -disturbing activities that could temporarily increase soil erosion rates during and shortly after project construction.

As future development and infrastructure projects are considered by the City, each project will be evaluated for conformance with the California Building Code, Zoning Ordinance, and other regulations. In addition to compliance with City standards and policies, the Regional Wat er Quality Control Board will require a project specific Storm Water Pollution Prevention Plan (SWPPP) to be prepared for each project that disturbs an area of one acre or larger. Subsequent development and infrastructure projects would also be analyzed fo r potential environmental impacts, consistent with the requirements of CEQA. While the City cannot state with certainty that future risks associated with post -fire flooding and debris flow would not occur in Lake Forest, implementation of the 2040 General Plan would not exacerbate this risk. Implementation of Action PS-2a would reduce this risk to the greatest extent feasible, resulting in an impact that is less than significant.

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The Project does not propose site -specific development, but is rather an upd ate to a policy document to comply with new laws and reinforce existing policy direction. The Housing Element Update proposes housing policies that would encourage housing production within the Planning Area. However, potential development of vacant and un derutilized sites to accommodate the City’s RHNA would be consistent with the adopted land use policy and would not result in any changes to existing land uses or allow for greater development than what was analyzed in the 2040 General Plan FEIR. The 2040 General Plan includes policies and programs to reduce potential impacts due to wildfires. The Housing Element policies and programs would not have an impact on existing 2040 General Plan policies addressing wildfire.

The revisions to the Housing Element would not result in new wildfire impacts beyond those identified in the 2040 General Plan FEIR. Following compliance with the recommended 2040 General Plan FEIR mitigation measures and 2040 General Plan Policies, there would be no new significant or significantly different impacts related to wildfire as a result of the proposed Project.

The Housing Element Update has been prepared to be consistent with the 2040 General Plan, and as such, there are no impacts to wildfire peculiar to the Housing Element that have not been fully addressed in the 2040 General Plan EIR.

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CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/4/2022
DEPARTMENT: Community Development
SUBJECT:
6TH CYCLE “2021-2029 HOUSING ELEMENT” OF THE GENERAL PLAN RECOMMENDED ACTION(S):

Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, ADOPTING THE “2021-2029 HOUSING ELEMENT” OF THE GENERAL PLAN
EXECUTIVE SUMMARY:

All cities in California are required to adopt a comprehensive General Plan to guide land use planning decisions. In 2020, the City completed the 2040 General Plan, but intentionally did not update the Housing Element, which is required to be updated on a separate pre-determined schedule set by the State. The Housing Element is a State-mandated element of the City’s General Plan, which is required to identify and analyze existing and projected housing needs. The document includes the City’s goals, policies, quantified objectives, a site inventory, and programs for the preservation, improvement, and development of housing. The Housing Element is the only element that must be updated at regular intervals or cycles (every 8 years). The current adopted Housing Element (also known as the “5th Cycle”) covers the period 2013-2021. Based on timeframes set by the California Department of Housing and Community Development (“HCD”), the City must adopt an updated Housing Element covering the 6th Cycle period 2021-2029 by February 12, 2022.

The Draft Housing Element was sent to HCD on September 23, 2021. On November 4, 2021, the Planning Commission considered the Draft Housing Element and adopted a resolution recommending the City Council adopt the Housing Element inclusive of revisions necessary to comply with State Housing Law. The City received comments from HCD on November 22, 2021 and has revised the Draft Housing Element accordingly. Staff recommends that the City Council adopt the attached resolution and approve the revised Draft Housing Element (Attachment 1).

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BACKGROUND:

The Housing Element is one of seven mandatory elements of the local General Plan (Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety). The Housing Element law, enacted in 1969, mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The law acknowledges that, for the private market to adequately address housing needs and demands, local governments must adopt land use plans and regulatory systems which provide opportunities and incentives to encourage and not constrain the development of new housing, especially providing housing opportunities for low-income and special needs populations.

State law requires the Housing Element be updated at regular intervals and requires the Housing Element be reviewed by HCD. For the purposes of the Housing Element Update, the State is organized into regions, with each region on a separate Housing Element Update cycle. The City of Lake Forest is within the Southern California Association of Governments (“SCAG”) Region. The current Housing Element Update cycle began in early 2021, when the SCAG adopted the Regional Housing Needs Assessment (“RHNA”) and kicked off a one-year timeframe for preparation of the Housing Element update. Additional information on RHNA is provided later in this report.

In August 2020, the City Council authorized a contract with De Novo Planning Group to prepare the City’s Housing Element. Since that time, staff and the consultants have done extensive public outreach (see Public Engagement Summary in Attachment 1, Exhibit A) and prepared a Draft Housing Element for City Council consideration.

Prior to adoption, the 2021-2029 Housing Element must be reviewed by the HCD and the City must consider and respond to the Department’s comments by making necessary modifications to comply with State Housing Law. Staff and the City’s consultant completed the Draft 2021-2029 Housing Element and submitted it to HCD on September 23, 2021. On November 22, 2021, HCD provided comments and staff has prepared the draft Housing Element with responses to comments incorporated in redline format to comply with State Housing Law (refer to Attachment 1, Exhibit A).

On November 4, 2021, the Planning Commission considered the Draft Housing Element and adopted a resolution recommending the City Council adopt the Housing Element inclusive of revisions necessary to comply with State Housing ATTACHMENT 3
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Law. The signed resolution is attached and a link to the Exhibits A and B is provided for reference (Attachment 5).

DISCUSSION:

Document Organization and Overview
In accordance with the timelines set by HCD, staff and the City’s consultant completed the Draft 2021-2029 Housing Element (included as Attachment 1, Exhibit A). The document includes the following four components:

1. Part 1: Housing Plan
 Goals and Policies
 Housing Programs
 Quantified Objectives

2. Part 2: Background Report
 5th Cycle (2013-2021) Accomplishments
 Housing Needs Assessment
 Constraints to Housing Development
 Housing Resources
 Assessment of Fair Housing and AFFH Analysis

3. Appendix A: Housing Sites Inventory

4. Appendix B: Public Engagement Summary
Part 1: Housing Plan
The Housing Plan includes the goals and policies that guide the City’s housing programs and activities. The City’s objective is to ensure that decent and safe housing is available to all current and future residents at a cost that is within the reach of diverse economic segments which comprise Lake Forest. The goals and polices in the Housing Plan focus on: (1) encouraging housing diversity and opportunities, (2) maintaining, preserving, and conserving existing residential neighborhoods, (3) increasing opportunities for home ownership, and (4) promoting equal opportunity for all residents to reside in the housing of their choice.

The Housing Plan includes 24 programs to implement the City’s housing goals and policies. These are organized into seven topical areas:

1. Provision of adequate sites to achieve a variety of housing types and densities.

2. Removal of constraints.

3. Housing and supportive services for special needs populations.

4. Conserve the existing supply of affordable housing.

5. Rehabilitate the City’s existing single-family and multi-family housing stock.

6. Provide housing opportunities for first-time homebuyers.

7. Equal housing opportunity.

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A total of 13 programs carry-over from the 5th Cycle Housing Element. Eleven new programs were created to address State requirements. A list of all programs can be found on pages 6 through 33 of the Draft Housing Element (Attachment 1, Exhibit A) and are also summarized in Attachment 3.

Part 2: Background Report
The Background Report identifies the nature and extent of Lake Forest’s housing needs, including those of special populations, potential housing resources (land and funds), potential constraints to housing production, and energy conservation opportunities. The Background Report is separated into the following Sections:

Sections 1-4 Information including demographics, constraints, and analysis of housing needs.

Section 5 Housing Resources (describes RHNA strategy)
Section 6 Fair Housing Analysis
Appendix A: Housing Sites Inventory
State law requires local governments to prepare an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis of zoning and public facilities and services to serve these sites. Appendix A of the Housing Element also includes a detailed analysis of nonvacant sites identified to meet a portion of the City’s lower income RHNA, including an analysis of development trends applicable to each site and a photo catalog.

A Sites Inventory was prepared for the purposes of satisfying State requirements and is a planning estimate based on several factors including market demand, recent development patterns, existing development on the site, the age of any existing structures, any known environmental constraints, property owner interest, and other factors. However, the Sites Inventory does not approve any project or guarantee what will be built on the site. Actual housing development is implemented by the development community and will be largely dependent on market factors that are outside of the City’s control. Housing developers, market trends, and availability of funding are among the constraints that will determine if and when housing units will be constructed. The Sites Inventory Map can be referred to in Attachment 2 of this report. The Site Inventory (Appendix A of the Draft Housing Element), including tables A, B and C and Suitability of Nonvacant Sites Matrix, follows Page BR-193 in the Draft Housing Element (Attachment 1, Exhibit A).

Appendix B: Public Engagement Summary
The Public Engagement Summary outlines the numerous opportunities for the community and key stakeholders to provide feedback on existing housing ATTACHMENT 3
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conditions, housing priorities, priority areas for new residential growth, and topics related to fair housing.

Staff and the consultant undertook a year-long outreach dedicated to meeting the future housing needs of City residents. The City worked diligently to engage the community in safe and appropriate ways throughout 2020, during the COVID-19 pandemic, when traditional in-person activities were not possible to conduct. This outreach also extended to the General Plan Update, which was conducted during pre-COVID-19 protocols and included dozens of community meetings, study sessions, and public hearings where the community had the opportunity to provide input on key areas for future residential and non-residential growth.

Public comments were received throughout the process and are attached for reference (Attachment 4).

Regional Housing Needs Assessment (“RHNA”)
The RHNA is the process established in State law by which future housing needs are determined for each local jurisdiction in the state through a regional planning agency. HCD is responsible for determining the RHNA (segmented by income levels) for each region’s planning body. Lake Forest is within the SCAG region.

HCD has determined the housing need for the SCAG region to be 1,341,827 units. Lake Forest was allocated a total of 3,236 units for the period 2021-2029.

The following table represents the City’s RHNA allocation for the 6th Cycle.

Table 1: City of Lake Forest Regional Housing Growth Needs Very Low
50%
Low
50-80%
Moderate
80-120%
Above
Moderate
120%
Total
956 543 559 1,178 3,236
Source: SCAG 6th Cycle Final RHNA Allocation Plan (approved 3/22/21).

Percentages represent the four income categories of the county median income.

The RHNA allocation identifies the amount of additional housing that would need to be constructed within a jurisdiction in order to have sufficient housing for all income levels and fully accommodate its assigned share of the region’s housing need during the 8-year planning period (2021-2029). The RHNA is a planning requirement based upon housing need, not a construction quota or mandate.

Jurisdictions are not required to build housing or issue permits to achieve their RHNA allocations. Rather, jurisdictions must demonstrate that there is sufficient land having the appropriate General Plan land use designation and zoning that would allow the housing to be constructed.

The Housing Element must include an evaluation of potential capacity for additional housing based on land use plans, development regulations, other ATTACHMENT 3
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development constraints (such as infrastructure availability and environmental conditions), and real estate market trends. The analysis must be prepared at a parcel-specific level of detail and identify properties (or “sites”) where additional housing could be built consistent with City regulations. This evaluation is referred to as the “sites analysis” and State law requires the analysis to demonstrate that the City has adequate sites with appropriate zoning to fully accommodate additional housing development commensurate with its RHNA allocation in each income category for planning purposes.

In June 2020, the City Council adopted the 2040 General Plan, which designated five focus areas for mixed-use (includes residential uses) along major transportation facilities and around key activity centers where new mixed-use growth and development can occur over time. The Housing Element further evaluated these focus areas and identified the locations best suited to accommodate the City’s RHNA. Generally, the parcels within each focus area were evaluated for potential inclusion in the Site Inventory. Approximately 1/3 of the capacity of each focus area was included. The development potential of each site was calculated at 50% of the maximum number of units, as the General Plan allows for all residential and all commercial projects within a mixed-use zone.

While the City adopted its new General Plan in 2040, which establishes new mixed-use focus areas that designate sufficient sites to accommodate the City’s remaining RHNA, the City has not yet adopted new zoning standards to implement the land use designations. Without the zoning in place, the City finds that it currently has a shortfall of sites to accommodate its remaining RHNA and must commit to a program to rezone sufficient sites to accommodate its RHNA for all income levels. The City is committed to rezoning all necessary parcels to create consistency with the General Plan Land Use Map, through an amended program (Program 1), to complete the rezoning for all sites identified in Appendix A of the Draft Housing Element (Site Inventory) in accordance with the acreages, densities, and unit capacities identified therein. Further, the rezoning will be completed pursuant to Government Code section 65583.2, subdivisions (h) and (i).

HCD allows for a credit to the RHNA for projects constructed or under construction since June 30, 2021. Additional credits are given for approved/entitled projects not yet built. Lake Forest is eligible to receive a credit for constructed units (461) and approved/entitled units (976) for units in multiple categories that have been approved/entitled and are expected to be developed within the planning period. These units include those within Serrano Summit, Portola Center, Teresina, Meadows, and Mountain View affordable apartments1. 1 Draft 2021-2029 Housing Element pages BR-99 to 103
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Therefore, the Site Inventory identifies the remaining units required for the RHNA.

As of September 2021, the City has already met 45% of its overall RHNA obligation with housing units constructed, under construction, or approved/entitled (1,437 units). With these units taken into account, the City has achieved its allocation of above moderate-income units and has a remaining RHNA of 1,8472 units (848 extremely low/ very low-income units, 447 low-income units, and 552 moderate income units).

To demonstrate that the City can accommodate the remaining 1,847 units, the following was included:
o 32 Accessory Dwelling Units (ADUs) - the average annual number of ADUs developed from 2018-2020 was 4, multiplied by 8 years, yields the estimate of 32 ADUs to be constructed between 2021 and 2029. o 382 units on underutilized residential sites - These properties, identified in Table 65 of the Draft Housing Element, have the potential to yield 382 units. None of these units are assumed to be affordable to lower income households.
o 2,965 residential units in mixed-use areas designated in the 2040 General Plan. As part of the General Plan Update, over 383 acres were designated for mixed-use development allowing for densities of at least 30 dwelling units per acre. Staff is currently in the process of drafting Mixed-Use Zoning regulations to implement the General Plan.

Through the Sites Inventory for the 6th Cycle, the City has demonstrated that it has more than sufficient capacity to accommodate its remaining 6th Cycle RHNA, including all income categories, with future production of accessory dwelling units (32 units), underdeveloped residential sites already zoned for residential development (382 units), and a portion of the sites designated for mixed-use development in the General Plan for which new zoning districts are currently being prepared (2,965 units)3. By including additional sites in the inventory that exceed the RHNA requirement, the City may accommodate development at levels higher than those identified in the sites inventory while ensuring sufficient site availability for units affordable to lower-income households for the duration of the planning period.
2 The total remaining allocation of extremely low/very low, low, and moderate income units results in a remaining allocation of 1,847 units. The surplus of above moderate-income units (48) cannot be deducted from the remaining allocation, which is based on the remaining allocation by income level (3,236 less 1,437 plus 48 (surplus) is 1,847).
3 Draft 2021-2029 Housing Element pages BR-99 to 103.

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Schedule
The draft Housing Element was submitted to HCD on September 23, 2021. HCD had 60 days to review the document and comments were received November 22, 2021. These comments have been incorporated into the draft Housing Element for City Council review and consideration of adoption (see redline in Attachment 1, Exhibit A). Once the Housing Element is adopted, the final document will be submitted to HCD for review, and ultimately, certification.

Comments received from HCD and addressed in the redlined Draft Housing Element (Attachment 1, Exhibit A) are summarized as follows:
 Housing Needs, Resources, and Constraints, Fair Housing:
 Include a cumulative evaluation of the effectiveness of past goals/policies.
 Provide additional information on affirmatively furthering fair housing, including compliance with existing laws, outreach capacity, analysis of regional data, analysis of data for patterns and trends over time,  Include an analysis of moderate and above moderate RHNA sites against fair housing analysis components,
 Include additional information on past zoning actions, and  Include specific program targeted to areas in the City having overlapping fair housing conditions.
 Housing Characteristics:
 Provide additional information on the number of units in need of major rehabilitation or replacement.
 Sites Inventory:
 Provide additional information on affordable units that have received entitlement,
 Provide additional justification for residential to be included in the mixed-use General Plan categories,
 Include an additional program to commit to rezoning property included as mixed-use in General Plan pursuant to Government Code section 65583.2 (h) and (i),
 Provide additional information on development trends in the area to support mixed-use development,
 Provide additional information on the existing uses on the mixed-use sites, and
 Provide additional information on the Saddleback Ranch Apartments site.
 Government Constraints:
 Provide additional information regarding development standards, fees, clarification of regulations regarding residential care facilities, reasonable accommodation process.
 Non-Governmental Constraints:
 Clarify permitting timeframes and
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 Quantify the number of farmworkers in the city.
 Housing Programs:
 Add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types (program must commit to rezoning pursuant to Government Code section 65583.2 subdivisions (h) and (i).
 Commit to a program to revise ADU regulation in accordance with State law.

Staff and the City’s consultant have addressed each of the comments presented by HCD. The Draft Housing Element includes these redlined changes. Following City Council approval, the redlined Draft Housing Element will be sent to HCD for final certification. In the event that additional changes are requested by HCD, staff would make the appropriate revisions and bring this item back to the City Council for approval.

For the 6th Cycle, the State has increased the penalties and shortened the time frames for cities to comply with Housing Element and RHNA requirements. If the City does not submit it’s Housing Element by the February 12, 2022 deadline, the City could be exposed to a variety of penalties, which could include fines of up to $600,000 per month, litigation from the State Attorney General, suspension of the authority to issue building permits for new construction, ineligibility for certain types of funding, and court-mandated approval of certain housing projects.

Adoption of the new Housing Element, which has been amended to address HCD comments, would increase the likelihood of certification of a compliant document, thereby avoiding such penalties. Also, to accommodate the City’s RHNA allocation, staff plans to present Mixed-Use Zoning options for City Council consideration in early 2022, which is consistent with the City’s commitment in the Housing Element program to complete the rezoning process by October 15, 2022.

Public Comments
As indicated in this report and summarized in Appendix B of the Draft Housing Element, public participation and outreach was included throughout the year-long Housing Element Update process. Staff received a letter early in the process from Welcoming Neighbors Home (October 20, 2020), followed by additional correspondence on October 21, 2021 and December 7, 2021. In addition, correspondence was received from the Kennedy Commission (October 21, 2021), Californians for Homeownership (November 24, 2021), as well as correspondence from residents and interested parties. These letters are attached for reference (Attachment 4).

ENVIRONMENTAL REVIEW: This project is categorically exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section ATTACHMENT 3
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15183, which allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an Environmental Impact Report (“EIR”) was certified, such as the City's recent General Plan EIR. An Environmental Analysis has been prepared to demonstrate this finding (Attachment 1, Exhibit B).

PUBLIC NOTICING: In accordance with the requirements of Section

9.184.040(C)(2) of the Municipal Code of the City of Lake Forest, this project has been noticed in a newspaper of general circulation on November 25, 2021. In addition, on October 25, 2021, public notices were also posted at City Hall.

FISCAL IMPACT:

There is no fiscal impact associated with the adoption of the 2021-2029 Housing Element.

ATTACHMENTS:

1. Resolution Adopting the “2021-2029 Housing Element”
A. Public Draft Housing Element (redlined)
B. Environmental Analysis

2. Site Inventory Map

3. Housing Element Programs

4. Public Comments

5. Planning Commission Resolution No. PC 2021-24 (Exhibits A & B available via weblink)
Initiated By: Amy Stonich, AICP, Assistant Director of Community Development
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/16/2022
DEPARTMENT: Community Development
SUBJECT:

REVISED "2021-2029 HOUSING ELEMENT" OF THE GENERAL PLAN RECOMMENDED ACTION(S):

Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, ADOPTING THE REVISED “2021-2029 HOUSING ELEMENT” OF THE GENERAL PLAN.

EXECUTIVE SUMMARY:

State law requires all cities in California to adopt a comprehensive General Plan to guide land use planning decisions. The Housing Element is a State-mandated element of the City’s General Plan which is required to identify and analyze existing and projected housing needs. The Housing Element is the only element that must be updated at regular intervals or cycles (every 8 years) and is reviewed for conformance by the State Department of Housing and Community Development (“HCD”).

On November 4, 2021, the Planning Commission considered and made a recommendation to the City Council on the Draft Sixth Cycle 2021-2029 Housing Element (“Housing Element”). The Housing Element was adopted by City Council on January 4, 2022, and subsequently submitted to HCD. However, HCD staff required revisions to the adopted Housing Element. This necessitated modification to the document prior to resubmittal for certification.

Staff and the City’s consultant have closely coordinated with HCD and have incorporated the necessary modifications to the Housing Element to ensure it meets State law and can be certified by HCD. On July 7, 2022, the Planning Commission considered and adopted a resolution recommending the City Council adopt the revised 2021-2029 Housing Element of the General Plan (Attachment 2). Following City Council’s adoption, the revised Housing Element would be submitted to HCD for review and certification (Attachment 1). In accordance with the draft resolution, should there be additional minor modifications, changes may be made administratively by the Director of Community Development.

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BACKGROUND:

On November 4, 2021, the Planning Commission considered and made a recommendation to the City Council on the Housing Element. The Housing Element was adopted by City Council on January 4, 2022, and subsequently submitted to HCD by staff on January 6, 2022. A detailed background and prior agenda report is provided as Attachment 3 and the Draft Housing Element previously submitted to HCD can be found in the link of Attachment 4.

On March 7, 2022, HCD review staff sent a letter listing revisions that were necessary to comply with State Housing Element Law (Article 10.6 of the Gov.

Code) (“State law”) (Attachment 5). Staff and the City’s consultant, Amanda Tropiano of DeNovo Planning, worked extensively with HCD staff to clarify the comments and update the Housing Element to comply with State law. An excerpt list of the revisions made in response to HCD can be referenced in Attachment 6.

DISCUSSION:

In accordance with direction from HCD, changes to the adopted Housing Element were necessary to bring it into compliance with State law. The changes requested by HCD generally included additional supporting analysis, the establishment of quantifiable goals and a commitment to amend existing City regulations for compliance with State law. An excerpt of the revised changes is provided in Attachment 6. Specific changes include:
 Additional analysis of trends regarding disproportionate housing needs and an assessment of how the sites inventory will improve fair housing conditions.
 The inclusion of quantifiable goals to measure progress for Affirmatively Furthering Fair Housing (“AFFH”) programs.
 Additional justification regarding local development trends impacting the viability of commercial and office uses.
 Commitment to adopt future municipal code amendments to clarify regulations for residential care facilities and reasonable accommodation.  Commitment to meet all requirements of Government Code Section 65583.2 when completing the rezoning of sites identified to accommodate the RHNA (Regional Housing Needs Assessment).
 Additional commitment to monitor accessory dwelling unit (ADU) production and affordability.

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 Additional information on the Neighborhood Improvement Task Force and programs completed to date.

As indicated above, once revisions are adopted by the City Council, the revisions to the Housing Element will be sent to HCD for final review and certification.

Based on feedback from HCD staff, it is not anticipated that there would be additional major changes to the Housing Element. Should HCD have minor revisions, modifications may be made administratively by the Director of Community Development.

Environmental Review:

This project is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15183, which allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an Environmental Impact Report (EIR) was certified, such as the City's recent General Plan EIR. An Environmental Analysis has been prepared to demonstrate this finding (Attachment 1, Exhibit B).

Public Noticing:

In accordance with the requirements of Section 9.184.040(C)(2) of the Municipal Code of the City of Lake Forest, this project has been noticed in a newspaper of general circulation on August 5, 2022. In addition, on August 5, 2022, public notices were posted at City Hall.

FISCAL IMPACT:

There is no fiscal impact associated with the adoption of the 2021-2029 Housing Element.

ATTACHMENTS:

1. Resolution to adopt the revised ”2021-2029 Housing Element” a. Revised Housing Element
b. Environmental Analysis

2. PC Resolution recommending City Council adopt the Revised “2021-2029 Housing Element”

3. City Council Agenda Report of January 4, 2022 (Link for Attachments)

4. Draft Housing Element dated March 7, 2022 (Link)

5. HCD Letter of Revisions
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6. Excerpt of Housing Element Revisions to HCD
Initiated By: Amy Stonich, AICP, Assistant Director of Community Development
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
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ATTACHMENT 2
Link to Attachments
https://www.lakeforestca.gov/en/departments/com
munity-development/planning/housing-element

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

October 21, 2022

Debra D. Rose, City Manager
City of Lake Forest
100 Civic Center Dr.

Lake Forest, CA 92630

Dear Debra Rose:

RE: City of Lake Forest’s 6
th Cycle (2021-2029) Adopted Housing Element

Thank you for submitting the City of Lake Forest’s housing element, which was adopted August 16, 2022, and received for review on August 24, 2022, along with changes authorized by Resolution 2022-22. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review.

The adopted element with changes addresses many statutory requirements described in HCD’s March 7, 2022 review; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code), as follows:

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)

Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)

Sites Inventory: The element was revised to include some additional information about sites and their impact on existing fair housing conditions.

However, as stated in the prior review, the element must include an analysis that addresses the income categories of identified sites with respect to location, the number of sites and units by all income groups and how that affects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity). The element should also discuss whether the distribution of sites improves or exacerbates fair housing conditions and add or modify programs as appropriate.

Goals, Actions, Metrics, and Milestones: While the element included some

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
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Debra D. Rose, City Manager

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revisions, it did not fully address this finding. Specifically, based on a complete analysis and as found in HCD’s prior review(s) the element must 1) include actions and strategies that seek to overcome contributing factors to fair housing issues and 2) programs that specifically address housing mobility and promoting new housing opportunities in areas of higher opportunity and 3) include metrics or numerical targets for all programs that are addressing fair housing issues. Additionally, while the element included some place-based strategies (Program 24) for the Southwest census tracts of the City, it must include additional place-based strategies that are significant and meaningful to address the fair housing issues. For your information, place-based strategies to encourage community preservation and revitalization should address improving quality of life. Areas that should be addressed include but not be limited to housing, transportation, infrastructure, parks, recreation, education programs.

HCD will follow-up under a separate cover with additional information.

2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)

Suitability of Nonvacant Sites: HCD’s previous review found that the element must support the criteria utilized to determine redevelopment potential of sites.

The element included very few project examples that support and relate to the identified criteria. The element could be revised to include additional project examples that clearly support the criteria. For your information, to clearly relate project examples to the methodology, the element could include a table listing out project examples with the same characteristics utilized in the methodology.

The examples should also include information about existing uses, location and affordability.

Additionally, the element notes that the City considered unique site characteristics such as low utilization and blighted conditions to determine redevelopment potential. The element also indicates that the City conducted a field survey including pictures of various sites to reflect these conditions.

However, the element does not present or discuss which of the characteristics apply to each of the sites. To support these criteria, the element can expand on the unique site characteristics on a site-by-site basis by discussing how the City determined whether a site was considered blighted or minimally utilized.

3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site Item: 11
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improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)

Constraints on Housing for Persons with Disabilities (Residential Care Facilities of Seven or More): The element was revised with a program to remove all references to permitting residential care facilities. This does not address HCD’s prior review. The element must commit to removing constraints for housing for persons with disabilities by allowing residential care facilities of seven or more in all residential zones and evaluate permitting requirements as constraints and include programs as appropriate. As stated in the previous review zoning should simply implement a barrier-free definition of family instead of subjecting, potentially persons with disabilities, to special regulations such as the number of persons, population types and licenses.

The element will meet statutory requirements of State Housing Element Law once it has been revised and re-adopted to comply with the above requirements pursuant to Government Code section 65585.

Pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), a jurisdiction that failed to adopt a compliant housing element within one year from the statutory deadline cannot be found in compliance until all required rezones of sites pursuant to Government Code section 65583, subdivision (c) (1) (A) and Government Code section 65583.2, subdivision (c) are completed. As the year has passed and Program 1 (Land Use Policy, Entitlements, and Development Capacity) has not been completed, the housing element cannot be found in compliance until completion of rezoning.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

Item: 11
740

Debra D. Rose, City Manager

Page 4 ends

We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Mashal Ayobi, of our staff, at [email protected].

Sincerely,

Paul McDougall
Senior Program Manager
Item: 11
741

CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/3/2023
DEPARTMENT: Management Services
SUBJECT:

RESOLUTION DECLARING SUPPORT FOR IRANIAN-AMERICAN

COMMUNITY AND CONDEMNING THE VIOLENCE PERPETRATED BY THE

GOVERNMENT OF IRAN AGAINST THE IRANIAN PEOPLE
RECOMMENDED ACTION(S):

Exercise City Council discretion regarding adoption of a Resolution entitled:

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

CALIFORNIA, SUPPORTING ITS IRANIAN-AMERICAN COMMUNITY AND

CONDEMNING THE VIOLENCE PERPETRATED BY THE GOVERNMENT OF

IRAN AGAINST ITS PEOPLE
EXECUTIVE SUMMARY:

At the December 6, 2022, City Council meeting, Council Member Benjamin Yu received consensus for the City Council to consider a resolution supporting the Iranian-American community and condemning the violence perpetrated by the government of Iran. A sample Resolution was provided to the City Council (Attachment 1).

According to media reports, more than 200 Iranian civilians have reportedly been killed protesting the September 16, 2022, death of Mahsa Amini, who died in government custody after she was arrested for not wearing her hijab properly.

The government of Iran has reportedly committed other acts of violence against civilians and shut down the internet, phone, and other means of communications to further control and oppress residents.

Inasmuch as this item was placed on the agenda by the City Council, any additional direction is at its sole discretion.

FISCAL IMPACT:

Fiscal impact is dependent upon City Council action.

Item: 12
742

ATTACHMENT:

Proposed Resolution of Support for Iranian-American Community Initiated By: Jonathan Volzke, Communications and Marketing Manager Submitted By: Brett Channing, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 12
743

5 1
5 5
9 Attachment
Item: 12
744

5 1
5 5
9 RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LAKE FOREST CALIFORNIA,

SUPPORTING ITS IRANIAN-AMERICAN

COMMUNITY AND CONDEMNING THE VIOLENCE

PERPETRATED BY THE GOVERNMENT OF IRAN

AGAINST ITS PEOPLE
WHEREAS, the rights of life, liberty, and the pursuit of happiness are endowed to all men and women by their Creator; and
WHEREAS, the suspicious circumstances surrounding the September 16th death of Mahsa Amini after she was arrested and taken into custody by Iran’s Guidance Patrol, i.e., morality police, for not properly wearing her hijab; and WHEREAS, the death of Mahsa Amini has inspired numerous and ongoing protests throughout Iran, which the government of Iran has now blamed on the United States; and
WHEREAS, the government of Iran has committed additional acts of violence and numerous human rights violations against its own people, particularly against women, including but not limited to the killing of more than 200 civilians, the gassing of an all-girls elementary school, the shooting and killing of students at Sharif University of Technology, the threatening of sexual violence as a means of silencing opposition, and the burning of Evin Prison that holds political prisoners, intellectuals, reporters, and journalists; and
WHEREAS, the government of Iran has restricted the people's access to internet, phone, and other forms of communication;
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Forest, as follows:

A. That the City of Lake Forest stands with its Iranian-American community members, particularly Iranian-American women, as their relatives and associates are suffering through the current injustices in Iran.

Item: 12
745

5 1
5 5
9 B. That the City of Lake Forest condemns the violent acts that are being perpetrated against the Iranian people.

C. That the City of Lake Forest calls upon the government of Iran to end its systemic human rights violations.

D. That the City of Lake Forest calls upon other governments to join in the support of Iranians, in Iran and abroad, and the condemnation of the government of Iran’s violent acts against its own people.

PASSED, APPROVED AND ADOPTED this 3rd day of January 2023, by the following vote, to wit:

DOUG CIRBO
MAYOR
ATTEST:

LISA BERGLUND

CITY CLERK
APPROVED AS TO FORM:

MATTHEW RICHARDSON

CITY ATTORNEY
Item: 12
746

5 1
5 5
9 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. 2023-____ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 3rd day of January 2023 by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

LISA BERGLUND

CITY CLERK
Item: 12
747

CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/3/2023
DEPARTMENT: City Manager
SUBJECT:

Creation of “Safe Lake Forest” Program
RECOMMENDED ACTION(S):

Exercise City Council discretion in creating a “Safe Lake Forest” program centered on facilitating homeowners associations’ use of automated license plate reader cameras.

EXECUTIVE SUMMARY:

The City contracts with Flock Group, Inc. (“Flock”) for automated license plate reader (“ALPR”) cameras for the Orange County Sheriff’s Department (“OCSD”) use in investigating and apprehending crimes that involve vehicles. On December 6, 2022, Councilmember Benjamin Yu received consensus to place on a future meeting agenda a discussion regarding a potential homeowner’s association-led arrangement to purchase Flock camera services (Attachment 1).

The goal of this initiative, entitled “Safe Lake Forest,” is to increase public safety via a community partnership to geofence neighborhoods. Homeowner’s associations (“HOA’s”) can purchase ALPR camera systems from Flock or competitors of Flock that provide similar camera services for installation along the perimeter of their neighborhood(s). HOA-owned Flock camera systems can help HOA’s investigate mail theft, residential burglaries, and vandalism. Data from HOA-owned Flock camera systems can be shared with local law enforcement to help facilitate criminal investigations.

The City does not officially endorse specific brands of security products, but the City (via OCSD) can advise HOA’s on how to effectively deploy surveillance systems. Additionally, the City can form agreements with HOA’s that desire to install surveillance equipment on City-owned property to establish maintenance protocols for the equipment and property. Inasmuch as this item was placed on the agenda by the City Council, any additional direction is at its sole discretion.

Item: 13
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BACKGROUND:

Since 2020, the City has utilized Flock cameras to deter, apprehend, and solve crimes that involve vehicles. Flock cameras are not traditional security cameras that capture video footage of traffic and other activity. Rather, Flock cameras are sophisticated devices that record the physical features of vehicles, such as license plate, make, model, color, etc., and arrange this information into a database. The Flock camera system includes an alert feature, which allows law enforcement to set certain search parameters into the database and receive alerts when vehicles matching those parameters enters a certain area under surveillance. Flock cameras are commonly used to recover stolen vehicles, apprehend criminals that commit burglaries, mail theft, and other crimes with a vehicle, or help investigate cases of missing persons.

The Flock camera system includes strict data access protocols. Only sworn officers and Flock staff can access the data that the City’s Flock cameras store.

Access to the City’s Flock cameras is governed by the OCSD’s ALPR Usage & Privacy Policy (Attachment 2).

Currently, the City has 23 Flock cameras installed to surveil major intersections and thoroughfares throughout the community. By 2023, the City will have 40 Flock cameras in operation. The City does not have plans to install Flock cameras on neighborhood streets, but HOA’s may procure camera systems independently for their own use. Typically, HOA-owned Flock cameras are managed by a property management company hired by the HOA with strict data access protocols. HOA’s use Flock cameras to investigate instances of mail theft, vandalism, and other property-related offenses that involve a vehicle (Attachment 3). In most cases, HOA’s either grant continuous access or as- needed access to their Flock cameras to local law enforcement. When an HOA purchases Flock cameras, the HOA determines what level of access HOA members and local law enforcement will have to the data their Flock cameras collect.

DISCUSSION:

On December 6, 2022, Councilmember Benjamin Yu received consensus to place a discussion regarding a potential HOA-led arrangement to purchase Flock camera services. City Councilmember Yu desires to establish a program whereby HOA’s would purchase Flock cameras to be installed on HOA property and/or City owned property/infrastructure. The goal of this initiative, entitled “Safe Lake Forest,” is to increase public safety via a community partnership to geofence neighborhoods. Homeowner’s associations (“HOA’s”) can purchase ALPR camera systems from Flock or competitors of Flock that provide similar camera services for installation along the perimeter of their neighborhood(s).

Item: 13
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Installing Flock cameras would enable HOA’s that procure the service to receive the added safety benefits Flock cameras provide.

Flock camera systems are available for HOA’s to purchase to monitor areas governed by the HOA. Flock cameras are currently being used by HOA’s across the United States. In all cases, HOA-owned Flock camera systems are isolated from Flock camera systems deployed by municipalities for purposes of law enforcement. While HOA-owned Flock camera systems would be isolated from the City’s Flock camera system, the HOA-owned Flock camera systems may make it easier for OCSD to investigate and respond to crimes that occur within participating neighborhoods.

The City may assist HOA’s that desire to procure Flock camera systems in the following ways:

Allow Camera Equipment to be Installed on City Property when Necessary The City can allow HOA’s to purchase and install Flock camera systems on City-owned property. In some cases, Flock cameras may need to be installed on City-owned property within the HOA’s boundaries. In these instances, the City could establish a maintenance agreement with the HOA to ensure the Flock cameras could be removed periodically to accommodate City maintenance activities on the property. For example, if an HOA desires to install a Flock camera on a City-owned traffic signal, the HOA would be required to bear the cost of removing and replacing the camera if the traffic signal needed to be replaced.

Advise HOA’s on the Costs to Purchase and Maintain Camera Equipment The City can connect HOA’s with sales representatives from Flock. The City already has a contractual relationship with Flock and staff have a thorough understanding of the costs to install and manage Flock cameras. Flock has several competitors that offer similar services at competitive prices. The City does not officially endorse Flock camera systems, but the City can provide basic information on how the systems operate to help HOA’s decide the kind of camera system they would like to purchase.

Provide Strategic Advice to HOA’s on how to Position Camera Equipment The City and the OCSD can advise the HOA on where Flock cameras (or cameras provided by competing companies) can be placed to most effectively monitor neighborhoods under the HOA’s boundaries. OCSD can also advise HOA’s on how to establish data access protocols, including access for law enforcement, to ensure the full benefit of the cameras are Item: 13
750

realized while also protecting the privacy of residents within the HOA’s boundaries.

Inasmuch as this item was placed on the agenda by the City Council, any additional direction is at its sole discretion.

FISCAL IMPACT:

Fiscal impact is dependent upon City Council action.

ATTACHMENTS:

1. Minute Excerpt from December 6, 2022, City Council Meeting

2. Orange County Sheriff’s Department ALRP Usage & Privacy Policy

3. HOA Brochure from Flock Group, Inc.

Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
Item: 13
751

ATTACHMENT 1
Item: 13
752

LAKE FOREST CITY COUNCIL MINUTE EXCERPT PREPARED BY THE OFFICE OF THE CITY CLERK JUNE 15, 2021
Page No. 1

UNADOPTED MINUTE EXCERPT

LAKE FOREST REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2022, ITEM NO. 17
____________________________________________________________

During the City Council meeting on December 6, 2022, the City Council discussed Item No. 17, second amendment to the agreement with Flock Group, Inc. During the discussion, Council Member Yu received consensus to place on a future meeting agenda a discussion regarding a potential homeowner’s association-led arrangement to purchase Flock camera services.

Item: 13
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ATTACHMENT 2
Item: 13
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I
Policy Orange County Sheriff-Coroner Department
463
Orange County SD Policy Manual
Automated License Plate Readers (ALPRs)
Usage and Privacy Policy
463.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology.

Automated License Plate Reader (ALPR) technology, also known as License Plate Recognition, provides automated detection of license plates. ALPRs are used by the Orange County Sheriff Coroner Department to link data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. ALPRs may also be used to gather information related to active warrants, homeland security advisories and bulletins, electronic surveillance, suspect interdiction, and stolen property recovery. It is the intent of the Department to ensure that the access and use of ALPR data is consistent with respect for individuals' privacy and civil liberties. 463.2 ADMINISTRATION
All installation and maintenance of department owned/leased ALPR equipment shall be managed by the Technology Division. Data collected by Department owned/leased ALPR equipment, unless copied and booked as evidence, shall be managed by the ALPR provider. The Patrol Operations Command shall oversee this policy in compliance with the requirements of Civil Code Section 1798.90.5 et seq.
463.3 OPERATIONS
Use of an ALPR is restricted to the purposes outlined in this policy. Sworn Department Members are authorized to operate ALPR equipment and access ALPR data, provided they have first received Department approved training. Department Members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).

1. An ALPR shall only be used for official law enforcement business.

2. An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.

3. While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR equipped cars to canvass areas around homicides, shootings, and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.

4. No Member of this Department shall operate ALPR equipment or access ALPR data without first completing Department-approved training.

Published with permission by Orange County Sheriff-Coroner Department
Automated License Plate Readers (ALPRs)
Usage and Privacy Policy - 400
Item: 13
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Orange County Sheriff-Coroner Department
Orange County SD Policy Manual
Automated License Plate Readers (ALPRs) Usage and Privacy Policy

5. No ALPR operator may access Department, state, or federal data unless otherwise authorized to do so.

6. The user shall verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert.

7. Department members shall access ALPR only from an approved Department workstation, MDC, or Department-issued mobile device.
463.4 DATA COLLECTION AND RETENTION
All ALPR data is hosted or otherwise provided using an outside company's system (such as those contracts originated by the Department, LE contract partners, businesses, etc.). All ALPR data is the sole responsibility of that company (service provider).

All ALPR date related to a criminal action shall be copied to disc format, submitted into evidence and the existence of the disc shall be documented in the related case report number. Any time a Member reasonably believes ALPR data may be beneficial in a non-criminal matter (i.e. a civil action involving the Department), the Member should request a DR number for an information report, copy the ALPR data to disc format and submit it into evidence under the associated report number.

For any ALPR data copied to disc format and booked as evidence, all Department evidence booking, handling, storage and retention requirements shall be followed. 463.5 ACCOUNTABILITY
All data shall be closely safeguarded and protected by both procedural and technological means.

Each Member is responsible for safeguarding their personal login and password. The Orange County Sheriff-Coroner Department shall observe the following safeguards regarding access to and use of stored data (Civil Code§ 1798.90.51; Civil Code § 1798.90.53):

1. All ALPR data shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date, time, and purpose (Case #) (Civil Code § 1798.90.52).

2. Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or Department-related civil or administrative action. Users shall verify ALPR responses through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert.

3. ALPR system audits shall be conducted on a regular basis to ensure the security of the information accessed or used is in compliance with all applicable privacy laws.

Audits shall be conducted by the Patrol Operations Command.

Published with permission by Orange County Sheriff-Coroner Department
Automated License Plate Readers (ALPRs)
Usage and Privacy Policy - 401
Item: 13
756

Orange County Sheriff-Coroner Department
Orange County SD Policy Manual
Automated License Plate Readers (ALPRs) Usage and Privacy Policy 463.6 RELEASING ALPR DATA
The release of ALPR data which has not been copied to disc format and booked into evidence will be governed by the agreement with the service provider. Any release of ALPR data must be authorized by the terms of the agreement. If release is authorized by the agreement, Members may shareALPR data only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:

1. The agency makes a written request for the ALPR data that includes:
(a) The name of the agency.
{b) The name of the person requesting the information.
(c) The intended purpose of obtaining the information.

2. The request is reviewed by the authorized designee within the Records & Property Division and approved before the request is fulfilled.

3. The approved request is retained on file.

Requests for ALPR data by non-law enforcement or non-prosecutorial public agencies shall be processed at the direction of the Records & Property Division.

The release of ALPR data which has been copied to disc format and booked into evidence will be in accordance with Policy 802.
463. 7 TRAINING
The training sergeant or manager shall ensure that Members receive Department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).

Published with permission by Orange County Sheriff-Coroner Department
Automated License Plate Readers (ALPRs)
Usage and Privacy Policy - 402
Item: 13
757

ATTACHMENT 3
Item: 13
758

"The crime in our area was at an all-time high with offenses from dumping, to drug use, to reckless driving, to armed robbery. We installed Flock Safety cameras because they maximize coverage with minimum cost.”
— Joseph N. of Richmond, California
Community Safety & Technology Chair
Let's Eliminate Crime
7 in 10 crimes are committed
with a vehicle. Give police real
evidence with license plate
reading cameras.

1. Find Real Evidence

2. Share With Police

3. Stop More Crime
Timestamp
Vehicle Make
Vehicle Color
License Plate
Number of Visits
7 million property crimes occur every
year. Only 13% get solved.

Flock Safety’s license plate reading
cameras give law enforcement the leads
they need to solve crime.

Item: 13
759

LPR evidence within 3 hours
Free cloud storage for 7 days
Annual fee: $1,900 per camera per year
Implementation fee: $350 per camera, one-time
LPR evidence in real-time
Free cloud storage for 30 days
Real-time alerts sent to police*
Annual fee: $2,400 per camera per year
Implementation fee: $350 per camera, one-time
All-inclusive pricing. No hidden fees.

Maintenance, Cloud Storage, Cellular Service
Sparrow Camera
Sparrow Camera | Real-Time
Install Anywhere
Maintenance-Free
Easy-to-Use
Privacy First
Leverage solar or electricity
for power, so cameras can go
at entrances, exits, amenities
anywhere in your community.

We install, service, and
continuously upgrade your
cameras at no
additional cost.

Use a Google-like search 24/7
from your phone or computer to
identify vehicles in seconds.

You own all the footage. We never
share it and it deletes every 30
days to limit liability.

Join 1,400+ cities that use Flock Safety to reduce crime. *Customer must have agreement in place with law enforcement to ensure real-time alerts.

Item: 13
760

CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/3/2023
DEPARTMENT: City Clerk
SUBJECT:

ANNUAL REVIEW OF CITY COUNCIL POLICIES
RECOMMENDED ACTION(S):

Exercise City Council discretion in reviewing or reaffirming any of the City Council Policies.

EXECUTIVE SUMMARY:

The City Clerk's Office maintains the collection of City Council-adopted policies.

These policies relate to the conduct of the City Council and include policy-level procedures to guide staff. The policies relate to the conduct of the City Council and/or include policy-level procedures to assist staff in performing duties related to City Council activity. The City Council policies are reviewed annually for efficiency, compliance with State law, and/or City Council direction. Overtime the City Council has revised some of the policies and adopted new policies as the need arises. Staff is requesting the City Council review and readopt, revise and/or eliminate City Council policies as desired.

The City Council Investment Policy will be revised to reflect the recent City Council action to allow an investment firm to actively manage the City’s investment portfolio. The policy will be included in the policy packet once finalized. Staff is requesting the City Council review and readopt, revise and/or eliminate City Council policies as desired.

Below is a summary of each City Council policy. Attached to this staff report is a copy of each policy for the City Council review and consideration.

Item: 14
761

Policy/Process First
Adopted
Last
Revision

Purpose

1. Appointment of
Commission Members
4/3/2018 1/7/2020 Provides procedures
for City Council “one-to-
one” appointments to
City commissions
(LFMC 2.06.050).

2. Censure 5/15/2018

5/15/2018 Outlines the Censure
process for City Council
Members.

3. Consensus for Placing
Items on the Agenda
1991 1/18/2022 Allows City Council
Members to periodically
seek to place items for
consideration by the
City Council on the City
Council Agenda for
discussion.

4. Ethics 5/15/2018

1/2/2019 Describes the
standards of behavior
to which its leaders
aspire; Provides an
ongoing source of
guidance to elected
leaders and City
officials in their day-to-
day service to the City;
Promotes and
maintains a culture of
ethics.

5. Mayor’s Award 5/15/2018

3/2/2021 Establishes process to
identify and recognize
outstanding
achievement by a Lake
Forest employee(s).

Item: 14
762

Policy/Process First
Adopted
Last
Revision

Purpose

6. Order of the Agenda 7/11/2017

1/2/2019 Establishes the order of
regular City Council
Agenda Business and
provides guidelines for
managing the Agenda
during City Council
Meetings.

7. Public Comment 1/19/1993

1/2/2019 Establishes guidelines
for members of the
public to address the
City Council on any
item under the subject
matter jurisdiction of
the Council; Provides
parameters for Council
Member response to
public commenters.

8. City Attorney Use 2/6/2018 1/2/2019 Establishes guidelines for Officials’ legal
services requests, to
ensure that those
requests are within the
Code bounds and to
maintain budgetary
control over the cost for
legal services.

9. Travel and Expense
Reimbursement
12/7/1993

1/18/2022 Provides for City
Council Member
reimbursement of
actual and necessary
expenses when
traveling on official City
business.

Item: 14
763

Policy/Process First
Adopted
Last
Revision

Purpose

10. Written
Communication
12/7/1993

1/2/2019 Establishes guidelines
for City Council
correspondence and
use of City of Lake
Forest stationery and
letterhead by City
Council Members.

11. Recognitions –
Proclamations,
Certificates,
Resolutions and/or
City Paraphernalia
1993 1/18/2022 Describes guidelines
for recognition of
individuals, groups and
events by issuance of
proclamations,
certificates, resolutions,
and/or City
paraphernalia.

12. Biennial City
Council/Commission
Workshop

3/8/2018 3/2/2021 Process to hold
Biennial Joint
Commissions
Workshop.

13. Financial
Management
and Budgetary
10/20/2020 1/18/2022 Provides the framework
and direction for
financial planning and
decision making by the
City Council and staff.

14. Audit Committee
Policy
3/2/2021 1/18/2022 Establishes the City
Council Audit
Committee. Defines the
representation,
activities, and staff
responsibilities related
to the Audit
Committee.

Item: 14
764

Policy/Process First
Adopted
Last
Revision

Purpose

15. Mayor’s Minute
Video Segment
3/6/2018 1/7/2020 Establishes the
parameters,
procedures, and proper
uses of the “Mayor’s
Minute” video
segments.

FISCAL IMPACT:

Fiscal impact is dependent upon City Council action.

ATTACHMENTS:

City Council Policies
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 14
765

Attachment
Item: 14
766

City Council Policies

Item: 14
767

Summary of Policies

City Council Policies

PP. 1- 5

Appointment of Commission Members
PP. 6- 8

Censure Policy
PP. 9- 10

Consensus for Placing Items on the Agenda
PP. 11- 13

Ethics Policy
PP. 14- 15

Mayor's Award
PP. 16- 18

Mayor's Minute Video Segment Policy

PP. 19- 20

Order of the Agenda
PP. 21- 22

Public Comment
P. 23 Requests for City Attorney Services Policy
PP. 24- 31

Travel and Expense Reimbursement Policy
PP. 32- 34

Written Communication Policy
PP. 35- 38

Recognitions - Proclamations, Certificates, Resolutions and/or City Paraphernalia PP. 39- 41

Biennial City Commission Workshop
PP. 42- 55

Financial Management and Budgetary Policy
PP. 56- 57

Audit Committee Policy
PP. 58- 71

Recovered Organic Waste Product Procurement

PP. 72-74

Mayor’s Minute Video Segment

Table of Contents
Item: 14
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Page 1 ends

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 Council Members. 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 Council Member appoints one member to each board and commission, and each board or commission member serves a term tied to that of the appointing Council Member.

This policy provides a process for the City Clerk and Council Members to implement the one-to-one appointment approach and ensure a fair, open, and public appointment process within the 90-day time frame 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: 14
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Page 2 ends

2 Applications and Recruitment.

2.1 Open Call.

2.1.1 Within five business days after the swearing in of a Council Member 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 Council Member may recruit or encourage individuals to apply during the call, but an individual need not be referred by a Council Member to apply.

2.1.4 To avoid Brown Act violations, Council Members 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 Council Member 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 follows:
o a resident of the City,
o registered to vote in the City, and
o not an officer or employee of the City.

Item: 14
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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 Council Member.

3.2 Council Member Review.

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

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

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

3.3 Selection.

3.3.1 An appointing Council Member 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 Council Members that the applicant has been selected.

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3.3.2 If an appointing Council Member wishes to change his or her selection prior to the time appointments are placed on an agenda for consideration, the Council Member 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 Council Members that a new applicant has been selected.

3.3.3 To avoid Brown Act violations, Council Members 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 time frame for appointments (LFMC, § 2.06.050), appointing Council Members’ review and selection should be completed within 30 days of the City Clerk’s transmission of the completed applications to the Council Members. If a Council Member requires more than 30 days to complete their review and selection, the Council Member 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 Council Members, 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 Council Member shall announce his or her selection for appointment to a board or commission. The appointment must be ratified by one other Council Member other than appointing Council Member.

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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 POLICY: CENSURE POLICY
Adopted 2018

1. Purpose
The City of Lake Forest is committed to the ethical practice of government in service of the residents and community. This commitment is reflected in the City’s Ethics Policy, which every elected and appointed City representative acknowledges and agrees to abide by. While the Ethics Policy shows a voluntary commitment to abide by the highest ethical standards, from time to time situations may arise that require affirmative action by the City Council making clear the City’s position on certain ethical issues. This Censure Policy includes the standards and procedures for the City Council to take a clear stand on certain ethical issues.

2. Censure Process
If a member of the City Council is found guilty or liable by any court of law, enforcement agency, administrative hearing officer, or public agency investigation, of violating a Law or Regulation, as that term is defined in this policy, he or she may also be subject to potential censure pursuant to the procedures of this Censure Policy.
a. Law or Regulation
The following constitute the Laws and Regulations which may give rise to a request for censure:
• California Political Reform Act of 1974 (Gov. Code § 81000 et seq.) • Regulations of the Fair Political Practices Commission (2 CCR § 18109 et seq.)
• Statutes concerning conflicts in government contracts (Gov. Code § 1090 et seq.)
• Statutes concerning political activity of city officers (Gov. Code § 3201 et seq.)
• Statutes concerning unlawful use of government resources (Gov.

Code § 8314)
• Title 7 of the Civil Rights Act or the Fair Employment and Housing Act (finding of harassment or abuse of a City employee by an independent investigator)

b. Complaint and Hearing Procedures
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Step 1. Within 90 calendar days of the final determination of violation of a Law or Regulation, complainant must file a request for censure online or in person with the City Clerk’s Office, 25550 Commercentre Drive, Ste. #100, Lake Forest, CA 92630. Request for Censure forms are available online at www.lakeforestca.gov and at the City’s Clerk’s office.

Step 2. Within 10 business days after receipt of the complaint, the City Clerk provides a copy of the complaint to all City Council Members and to the Council Member against whom the complaint is made.

Step 3. Within 10 business days after receiving a copy of the complaint, the Council Member may file a written reply to the complaint, which may include copies of documents, photographs, recordings, or other tangible materials that rebut the complaint.

Step 4. The City shall hire a hearing officer and send to the hearing officer a copy of the complaint and any response to the complaint from the Council Member against whom the complaint is made. The hearing officer shall be selected from the panel of hearing officers hired by the City. That panel shall consist of individuals with specialized training in the field of ethics, which may include law professor specializing in ethics. Hearing officers shall be assigned to matters on a rotating basis to assure fair and impartial review and analysis of requests for censure.

Step 5. Within 15 business days of receiving copies of the complaint and response, the hearing officer shall provide a written recommendation to the City Council regarding whether the public official who is the subject of the complaint should be censured. The recommendation shall include, without limitation, a summary of the complaint and the public official’s response, and the reasons why the hearing officer supports his or her recommendation.

Step 6. Within 30 business days of receiving the hearing officer’s recommendation, or as soon as practicable, the City Clerk shall set the matter for hearing before the City Council and shall notify the complainant and Council Member against whom the complaint is filed of the date, time, and location of the hearing. At the time that the City Clerk sets the matter for hearing, the City Council shall be provided with the complaint, the Council Member’s reply, and the hearing officer’s recommendation.

Step 7. The City Council shall hold a public hearing to determine whether to censure the Council Member. At the beginning of the City Council hearing, each Council Member shall publicly disclose if they have had ex parte communications with either party or have discussed Item: 14
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the complaint with any third party. The complainant shall first provide the City Council with a statement regarding the nature of the complaint.

Such statement shall not exceed ten minutes and shall not be interrupted by questions from the Council. The Council Member shall then be permitted to provide an opening statement, including his or her response to the complaint. Such statement shall not exceed ten minutes and shall not be interrupted by questions from the Council. At any other time during the hearing, City Council Members may ask questions of the parties. The City Council shall also receive public comment on the item. The complainant shall have three minutes to make closing remarks, then the Council Member shall have three minutes to make closing remarks.

Step 8. After deliberation, the City Council votes on whether to censure the Council Member. A censure may include removal from Council appointment(s), but should not include elimination of statutory rights or constitutional rights, including Council salary.

Step 9. In the event the City Council votes to censure the Council Member, the City Attorney shall draft a resolution which shall include the reasons for the City Council’s decision, the facts relied upon, and any findings supporting the decision. The resolution shall be placed on the next City Council agenda immediately following the date of the censure hearing.

Step 10. Within five business days of the City Council adopting the censure resolution, the City Clerk notifies the parties in writing of the City Council’s decision.

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CITY COUNCIL POLICY: CONSENSUS FOR

PLACING ITEMS ON THE AGENDA
Revised: January 2, 2019

City Council Members periodically seek to place items for consideration by the City Council on the City Council Agenda for full discussion.

1 Purpose.

This Policy establishes guidelines for Council Member requests to place items on the City Council Agenda for consideration and defines Council Consensus for that purpose.

2 Requests for Council Consensus.

2.1 Definition.

City Council Consensus for the purpose of placing an item on the City Council Agenda for future consideration may be achieved with the assent of either two (2) Council Members (Minority Consensus) or by Majority Consensus with the assent of three (3) Council Members.

2.2 Agenda Items.

During Council meetings, any Council Member may request an item be placed on a future City Council Agenda for consideration. If the Council Member desires a specific agenda date, the Council Member shall so state in his or her request for Council Consensus.

A Minority Consensus agenda item would require a brief agenda report.

A Majority Consensus agenda item would require a full agenda report including analysis and a staff recommendation,

All items with significant budgetary impact (defined as in excess of $30,000), or capital improvement projects, will be agendized at the annual budget workshop.

Council Members will be limited to introducing no more than four (4) agendized items per calendar year, not including items considered during the annual budget workshop.

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Consensus items sought in addition to the four (4) per Council Member, per calendar year, must be achieved with a super majority vote of four (4) Council Members. In the event a Council Member does not state a desire for a specific agenda date, and the item does not contain significant budgetary impact so as to be scheduled during the annual budget workshop, the City Manager shall agendize the item at a future meeting date at her discretion.

3 Announcement of Consensus.

3.1 City Clerk to Announce.

The City Clerk shall announce the arrival of Consensus by restating the specific action, i.e. agenda discussion, future presentation, preparation of report, etc., the Consensus is authorizing and state the names of the Council Members providing Consensus. If all five Council Members provide Consensus, the Clerk shall state “Unanimous Consensus”.

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CITY COUNCIL POLICY: ETHICS POLICY
Ratified: January 2, 2019
Preamble
The citizens of the City of Lake Forest are entitled to responsible, fair, and honest City government that operates in an atmosphere of respect and civility.

Accordingly, the Lake Forest City Council adopts this policy to:

1. Describe the standards of behavior to which its leaders aspire.

2. Provide an ongoing source of guidance to elected leaders and City officials in their day-to-day service to the City.

3. Promote and maintain a culture of ethics.

Pledge
On May 15, 2018, the City Council of the City of Lake Forest adopted this Ethics Policy which applies to all members of the City Council and members of City boards, commissions, committees, and task forces and requires the following pledge:

ETHICS POLICY

RESPONSIBILITY/PROTECTING THE PUBLIC INTEREST
I comply with the laws of the nation, the State of California, and the City of Lake Forest in the performance of my duties.

I comply with the Oath of Office I took upon beginning my service for the City of Lake Forest.

My decisions are consistent with, among other things, the Fair Political Practices Act and other state and local laws.

I do not accept gifts, services, or other special considerations inconsistent with the Political Reform Act because of my public position.

I do not give special treatment or consideration to any individual or group beyond that available to any other individual.

Unless authorized by the City Council, I do not involve myself in the administrative processes for acquiring goods and services.

I recognize that the City Council and other City Commissions are independent legislative bodies, and I refrain from using my position to unduly influence the deliberations or outcomes of those bodies.

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I make decisions based on the merits of the issue, including research and facts.

I a nswer questions directly, telling the truth, and admitting a lack of knowledge if one exists.

I d o not knowingly use false or inaccurate information to support my position or views.

I d eter rumors and misunderstandings by making factual information available.

If I rece i ve substantive information that is relevant to a matter under consideration from sources outside the public decision-making process, I publicly share it with my fellow Councilmembers or commissioners and staff at the public meeting where the matter is under consideration.

RESPECT FOR FELLOW ELECTED OR APPOINTED OFFICIALS, STAFF,

AND THE PUBLIC
I refrain f rom abusive conduct, personal charges, or verbal attacks upon the character, motives, ethics, morals, or comments of other Councilmembers, commissioners, committee members, staff, and the public.

I d
o not, in the performance of my duties, discriminate against any person on the basis of race, color, religion, national origin, ancestry, age, sex, gender, pregnancy, childbirth or related medical condition, sexual orientation, marital status, disability, medical condition, and actual or perceived gender identity.

PROPER AND EFFICIENT USE OF PUBLIC RESOURCES
I d o not use public resources, such as agency staff time, equipment, supplies, or facilities, for private gain or personal purposes.

I ma ke decisions after prudent consideration of their impact on City resources, taking into account the long-term financial needs of the agency, especially its financial stability.

I u se my title(s) only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether I am exceeding or appearing to exceed my authority.

I refrain from m
aking unauthorized commitments or promises of any kind
purporting to bind the City.

I refrain from g ratuitous comments that may harm the City’s position in litigation or potential litigation.

FAIRNESS/ACCOUNTABILITY
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ACKNOWLEDGMENT PROCESS FOR THE

CITY OF LAKE FOREST

ETHICS POLICY
All current elected and appointed City officials, including current members of the City Council and City Commissions, will be given a copy of the newly adopted City Ethics Policy following its adoption on May 15, 2018, and will be asked to initial each provision of the Ethics Policy and sign an acknowledgement form at that time.

Thereafter:

Each new member of the City Council and City Commissions will be given a copy of the City Ethics Policy and asked to initial each provision of the Ethics Policy and sign an acknowledgement form prior to their first meeting.

Copies of the City Ethics Policy and acknowledgment forms for elected officials and members of commissions shall be maintained on file with the City Clerk.

ACKNOWLEDGMENT OF RECEIPT

As an elected or appointed official of the City of Lake Forest, California, I certify that I have received a copy of the Ethics Policy of the City of Lake Forest, have been offered training and assistance in understanding the Ethics Policy, and am aware of the provisions of the Policy and its application to my responsibilities. Consistent with the Ethics Policy, I pledge that my conduct will adhere to the requirements of the Policy.

NAME:
(Please type or print your first and last name)

TITLE:

LEGISLATIVE
BODY:

SIGNATURE:

DATE:

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CITY COUNCIL POLICY: MAYOR’S AWARD
Revised March 2, 2021

A. Purpose
This policy is established to identify and recognize outstanding achievement by a Lake Forest employee or group of employees who has fulfilled one or more of seven developed criteria areas.

B. Applicability of Policy
This policy applies to any group or individual classified as a full-time employee(s) in good standing with the City. Any employee(s) that received the annual award shall not be eligible to receive it again for three subsequent calendar years.

C. Criteria

1. Performance: Continued and repeated excellence in overall job performance, which exceeded job requirements and achieved outstanding results.

2. Problem-solving: Solved an extraordinary problem or achieved a considerably difficult goal.

3. Innovation: Successfully implemented an innovative idea where an outstanding result, such as significant cost savings or maximized program effectiveness, was identified.

4. Outstanding Act: Achieved an outstanding act, which brings positive recognition to the City from the public or media.

5. Customer Service: Provide exceptional support to a resident or City department, division project, group or individual.

6. Teamwork: Efforts created excellent teamwork, resulting in a significant accomplishment by a team.

7. Community Contribution: Facilitating a positive change by contributing time, talent, or leadership to one or more community organizations.

D. Process

1. The Mayor’s Award will be presented to one employee or group of employees annually by City Council.

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2. The Management Services Department will oversee the nomination and selection process.

3. Nominations:

a. Nominations will be submitted by City employees or members of the City Council.
b. Nominations will be submitted using the Mayor’s Award Nomination Form which will be available on the employee intranet or in the Human Resources Division. Additional supporting documentation, such as correspondence relating to the employee’s performance, could also be attached.
c. All completed nomination forms will need to be submitted to Human Resources by October 1 to begin the selection process.

4. Selection:

a. Received nominations will be reviewed by the Management Team.

If a member of the Management Team is nominated, that person will be excluded from the review process.
b. The Management Team will recommend three to five “finalist” nominees for the City Council Ad-Hoc committee to review. c. The Ad-Hoc committee, comprised of the Mayor and Mayor Pro- Tem, will select one employee or group of employees from the finalist group who they feel best exemplifies the established criteria.

5. Recognition:

a. The finalist selected would be recognized at a City Council meeting during the month of December.
b. The award recipient(s) shall receive the following as a result of being selected:
i. Certificate of Recognition from the City Council
ii. A City plaque
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CITY COUNCIL POLICY: MAYOR’S MINUTE

VIDEO SEGMENT POLICY
Revised: January 7, 2020
The “Mayor’s Minute” is a recurring short video that highlights important City information and/or current events. The video is produced by City staff and narrated by the Mayor.

It is meant to compliment the communication efforts of the public information office.

1 Purpose.

This policy establishes the parameters, procedures, and proper uses of the “Mayor’s Minute” video segments.

2 Parameters.

2.1 Representation.

California law prohibits the use of public resources for personal or political gain. The City Council has previously determined that correspondence paid for with public funds must relate to actual and authentic City business and must not purport to advance or advocate a policy not previously approved by the City Council.

The “Mayor’s Minute” shall not benefit political campaigns nor promote a political agenda. The video shall represent the actions and events of the City as a whole, not individuals.

2.2 Content.

The content in the “Mayor’s Minute” shall focus on City business or events, such as:
a) Items on upcoming City Council or special-meeting agendas b) Upcoming City workshops or community meetings
c) City accomplishments
d) Council actions taken during a previous City Council meeting e) Public service announcements that support City projects or programs, such as crime prevention, keeping pets on leash, and traffic safety f) Events sponsored in whole or in part by the City.

2.3 Budget

A budget shall be established for the production, posting and promotion of “Mayor’s Minute” segments during the annual City Council Budget Workshop.

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The Mayor shall not substitute a proxy for the segment without prior approval from the City Manager.

2.5 Approvals.

The City Manager, or his/her designee, shall have final approval of the script and video recording. The City Manager has the right to refuse broadcasting or posting any video that is in violation of this policy.

2.6 Video Length.

The video should fall between 60 and 90 seconds of recording time.

2.7 Staff Resources.

Pre-production and post-production work shall be limited to two and a half hours per video segment.

3 Procedure.

3.1 Script Review.

The script shall be prepared by City staff in consultation with the Mayor or Mayor’s proxy. The City Manager, or his/her designee, shall have final say on the content of the script. During the 60 days prior to an election, staff will provide a heightened review of the Mayor’s Minute videos.

3.2 Recording.

The Mayor should arrive prepared and promptly at the arranged recording time to minimize impact to staff schedules. The Mayor shall be dressed in attire appropriate to represent the City of Lake Forest.

3.2.1 Staff Present.

Public Information Office staff and the Director of Management Services, or his/her designee, shall be present during the recording.

3.2.2 Recording Length.

While multiple “takes” may be required on occasion, the recording period shall not exceed 30 minutes.

3.3 Editing.

While the Mayor may provide input, staff shall determine the recorded segment best suited for use. Editing time shall not exceed one and a half hours per video segment.

2.4 Substitutes.

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4 Proper Use.

4.1 Posting.

Once completed by City Staff and approved by the City Manager or his/her designee, the “Mayor’s Minute” video will be posted to the City’s website and social-media channels. These may include, but are not limited to, Facebook, Twitter, Instagram, and YouTube. While pages and accounts controlled by others may link to the City content, the content shall not be directly shared with any other site or individual without approval from the City Manager.

4.1.1 Promoted Posts.

On occasion, it may be beneficial to the City for the “Mayor’s Minute” to be “boosted” (promoted) on social media. The decision to spend advertising funds on promoting a “Mayor’s Minute” post shall be made by the Management Services Director. “Mayor’s Minute” segments may not be “boosted” within 60 days of any election.

4.1.2 Promoted Posts.

No more than $200 may be spent promoting a “Mayor’s Minute” on social media without approval from the City Manager.

4.1.3 Comments on Posts.

Any public comment on a posting of the “Mayor’s Minute” must comply with the City’s Social Media Policy. Such a determination shall be made by the Director of Management Services or his/her designee.

5 Penalties.

Pursuant to California Government Code Section 53232.4, penalties for misuse of public resources may include, but are not limited to, the following:
a) Civil penalties for misuse of public resources pursuant to California Government Code Section 8314.
b) Prosecution for misuse of public resources, pursuant to Section 424 of the Penal Code.

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CITY COUNCIL POLICY: ORDER OF THE
AGENDA
Revised January 2, 2019
The City Council Agenda provides for the orderly conduct of Council Meetings and facilitates the people’s business.

1 Purpose.

This Policy establishes the order of regular City Council Agenda Business and provides guidelines for managing the Agenda during City Council Meetings.

1.1 Special Meetings
Special Meetings shall convene at the time and place listed on the Notice and Call of Special Meeting.

2 Order of Agenda.

2.1 Regular Meetings
The City Council Meeting Agenda for Regular Meetings will proceed in the following Order of Business, but agenda items may be reorganized as appropriate following consultation with the Mayor, the City Manager and the City Clerk.

Call to Order
Public Comment
Closed Session
Invocation
Pledge of Allegiance
Student Liaison Report
Presentations
Warrant Register
Consent Calendar
Public Hearings
Discussion Items
Continued Public Comment (if necessary)
City Manager’s Report
Council Member Comments
Continued Closed Session (if necessary)
Adjournment.

2.2 Special Meetings.

The City Council meeting agenda for Special Meetings will contain only those items necessary for the conduct of the Special Meeting and as listed on the Notice and Call of Special Meeting.

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2.3 Continuation of Public Comment Period.

Should the Public Comment portion of the City Council meeting extend past the 30- minute total time alloted, it shall be at the discretion of the Mayor to extend the time allotted for Public Comments to accommodate the needs of the public.

3 Adjournment.

3.1 Consideration of Adjournment.

At 9:30 p.m., the City Council shall determine by motion and vote whether the meeting should continue or if the meeting should conclude and any remaining items be continued to the next regular City Council meeting agenda.

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CITY COUNCIL POLICY: PUBLIC COMMENT
Ratified: January 2, 2019

1 Purpose.

Pursuant to State law, the public has the right to address the City Council on any item under the subject matter jurisdiction of the Council. This Policy establishes guidelines for members of the public to address the City Council for that purpose.
2 Public Comment.

2.1 Definition.

Public Comment is defined as communication which may be submitted in writing, submitted from social media sources, or spoken from the podium after being recognized by the Presiding Officer, or signified by applause while another member of the public or City Council Member is speaking after being recognized by the Presiding Officer. No other form of audible expression is permitted under this Policy.

2.2 Length of Comment.

Those addressing the City Council under Public Comments shall be given three minutes per speaker. Each subject matter is allotted ten minutes under Public Comments. A total of thirty minutes is hereby designated for the Public Comments portion of the meeting.

Those addressing the City Council on matters listed on the Agenda shall be given three minutes per speaker. There shall be no limit established as to the number of speakers permitted on any one agenda item or the aggregate number of speakers per meeting for agendized matters.

2.3 Extension of Comment Period.

Extension of the Public Comment period identified in Section 2.1 shall be at the discretion of the presiding officer or by a majority vote of the City Council.

3 Response to Public Comment.

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3.1 Council Member Response.

Individual Council Members may respond to matters presented by speakers under Public Comments immediately following each individual Public Comment, limiting their remarks to no more than one minute.

Council Members shall not argue with, scream at, or denigrate any speaker for any reason, regardless of provocation. Notwithstanding this provision, Council Members may respond briefly, offer alternative facts or opinions.

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CITY COUNCIL POLICY: REQUESTS FOR

CITY ATTORNEY SERVICES POLICY
Ratified: January 2, 2019

From time to time, matters arise in which City Council Members (“Official” or “Officials”) require legal advice and counsel. The Lake Forest Municipal Code (“Code”) authorizes the City Attorney to advise Officials on legal matters pertaining to their offices, give advice or opinion on the legality of matters under Council consideration, and perform other legal duties as the Council may require. (LFMC § 2.16.030.)

1 Purpose:

This Policy establishes guidelines for Officials’ legal services requests, in order to ensure that those requests are within the Code’s bounds and to maintain budgetary control over the cost for legal services.

2 Requests for Legal Services:

2.1 Conflicts of Interest
An individual Official may contact the City Attorney for legal advice at any time regarding potential or actual conflicts of interest that the individual Official may have, which arise under the Political Reform Act, Government Code Section 1090, or any other State or local law and regulation relevant to this area.

2.2 Agenda Items
During Council meetings, any Official may request that the City Attorney provide legal advice or opinion on any matter listed on the Council agenda. If the request does not relate to an item on the Council agenda, the Council body may direct the City Attorney to report back to the Council on the matter.

Between Council meetings, individual Officials may contact the City Attorney’s Office for legal advice regarding any item on an upcoming Council agenda.

2.3 Non-Agenda Items
Between Council meetings, each Official may direct the City Attorney to spend up to two (2) hours researching legal issues related to City items not on an upcoming Council agenda. In such circumstances, the City Attorney is authorized to report directly back to the requesting Official.

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CITY COUNCIL POLICY: TRAVEL AND

EXPENSE REIMBURSEMENT POLICY
Revised: January 2, 2019

City Council Members and Commissioners (“Official” or “Officials”) are allowed their actual and necessary expenses when traveling on official City business consistent with this policy, as outlined below. Council Members and Commissioners are encouraged to participate in trainings and conferences in an effort to enhance education and to represent the City of Lake Forest. Reasonable modifications to this policy are allowed for an Official(s) with disabilities.

1 Before Your Trip.

1.1 Authorized Budget.

Travel is subject to the dollar limitations set forth in the City’s Annual Operating Budget. City Council travel is budgeted within the City Council Department “Travel, Conferences, and Meetings” account. Planning Commission travel is budgeted in the Community Development Planning Division “Commissioner Travel” account. Community Services Commission travel is budgeted in the Community Services Recreation Division “Commissioner Travel” account. Traffic and Parking travel is budgeted in the Public Works Traffic and Parking Commission Division “Commissioner Travel” account.

1.2 Authorized Functions (i.e., Where can I go?).

Expenses incurred in connection with the performance of official duties at functions described below are eligible for reimbursable:

a) Meetings of the City Council, Successor Agency, Housing Authority, Financing Authority, and any other government body or Ad Hoc Committee established by formal action of the Lake Forest City Council.
b) Meetings attended as the Council-designated representative(s) (or Council designated alternate(s)) of the City as documented on the most recently adopted City Council Committee Appointments List. c) Meetings with the City Manager or his or her designee. d) City-sponsored events.

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e) Meetings of the Orange County Division of the League of California Cities (LOCC) and Association of California Cities – Orange County (ACCOC).
f) Attendance at LOCC Annual Conference, LOCC Mayors and Council Members Executive Forum/Summit, LOCC policy
committees (subject to LOCC appointment), and LOCC New
Mayors and Council Members Academy.
g) Attendance at educational seminars, conferences or activities designed to improve the Council Member or Commissioner’s skill and knowledge provided the City is a member of the organization sponsoring the activity.
h) Attendance at training sessions required by federal, state, or local law.
i) Appearances before, or attending meetings of, state legislative committees, state regulatory bodies, state commissions, entities regulated by the California Public Utilities Commission, and other government entities, on behalf of the City of Lake Forest. j) Meeting or functions of public agency or non-profit organizations contract partners.

1.3 Advances.

The City does not issue advances for travel. In lieu of an advance, officials may utilize a Cal-Card (i.e., a purchase VISA card) for expenses incurred while traveling on official City business. 1

1.4 City Council CAL- Cards.

City Council Members are authorized to use a CAL-Card (i.e., a purchase VISA card) for travel expenses associated with out-of-town travel. When traveling, an official’s Cal-Card shall have an expenditure limit of $2,000. When not in use during specific travel, Cal-Cards shall have an expenditure limit of $0. CAL-Cards are to remain in the possession of Officials, and Officials are responsible to report lost or stolen cards.

1.5 Reservations/Registrations.

1 The CAL-Card program, a State purchase VISA card program administered by US Bank, is offered to designated City officials as a streamlined way to procure and pay for City-related goods and services while reducing reimbursement, invoice, and check processing costs. Officials that utilize CAL-Cards are subject to program rules and regulations as outlined in the City’s Purchasing Guidelines. CAL- Card purchases are restricted to specified merchant category codes.

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Officials attending meetings or traveling on official business may request staff assistance in arranging conference registration, hotel, and other travel reservations for authorized functions as listed in this policy.

1.5.1 Airline & Train Reservations.

The City will purchase airline and train tickets for travel to functions listed in Section 1.2 (f) on an official’s behalf no later than fourteen (14) days in advance of travel. The City will purchase airline and train tickets for travel to all other authorized functions as listed in this policy on an official’s behalf. Tickets for functions listed in Section 1.2 (f) requested thirteen days or less in advance of travel must be purchased directly by the traveling official. Eligibility for reimbursement of airline and train tickets is outlined in Section II of this policy.

1.6 Cancellations.

In the event an Official is unable to travel according to pre-arranged and/or pre-paid itineraries, the Official shall cancel his or her reservations prior to the cancellation deadline established by the vendor (i.e. hotel, airline, etc.) so as not to incur charges or in order to receive a refund or credit. In the event an Official does not cancel his or her reservations and the City is charged a fee or unable to receive a credit or refund, the Official shall reimburse the City the full cost of the fee or non-cancelled charges within thirty (30) days of the cancelled travel.

2 While on Your Trip.

2.1 Traveling to Your Destination.

Officials shall use the most economical mode and class of transportation reasonably consistent with scheduling needs and cargo requirements, and the most direct and time-efficient route.

2.1.1 Air and Train Travel.

Airfare and train fare shall be reimbursed at the actual ticket cost as stated on the receipt. Baggage handling fees up to $2 per bag are reimbursable. Long-term parking shall be used for travel exceeding 24 hours.

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2.1.2 Personal Automobile.

Automobile mileage is reimbursable at the Internal Revenue Service (IRS) rate in effect at the time of the trip. The reimbursable amount shall be based on the actual mileage traveled for the purposes of the Traveler’s official duties. In no case shall the amount of the reimbursement exceed the cost an airline ticket to the same destination purchased fourteen (14) days in advance of travel and, if applicable, the cost of a standard-size rental car.

2.1.3 Ground Transportation.

Taxi, bus, train, shuttle or other similar fares, including associated gratuities of up to 20 percent, are reimbursable. Baggage handling fees up to $2 per bag are reimbursable.

2.2 Meals and Incidental Expenses (M&IE).

The City maximum full day meal and incidental expenses rate shall be not greater than the maximum federal per diem meal and incidental expenses (M&IE) rate established by the General Services Administration (www.gsa.gov)
based on the limit for the city or county
to which the Official is traveling. Partial days per diem amounts are also established by the GSA. The GSA maximums include taxes and gratuities. Official must provide receipts for all meals and will be reimbursed at the lower of the appropriate per diem amount or the actual expense.

2.2.1 Meal Gratuities.

Meal gratuities of up to 20 percent are reimbursable.

2.2.2 Alcoholic Beverages.

There shall be no reimbursement for alcoholic beverages.

2.2.3 Meals Provided as Part of Functions.

An Official may not request reimbursement for any meal which is provided or otherwise available to the official at a function, whether or not there is an actual charge for the meal. For example, if lunch is provided at a function, the traveler may not request reimbursement for eating elsewhere.

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2.3 Lodging.

Actual lodging costs will be reimbursed when an Official’s travel on official City business reasonably requires an overnight stay due to distance or an Official’s need for sleep or rest to properly and safely perform their duties. The Official shall use lodging that is either: offered by a provider of lodging that is consistent with the per diem rates for lodging as established: (1) in IRS Publication 1542, as amended, or any successor publication; or (2) as a governmental rate offered by the provider of lodging.

2.3.1 Lodging for Conferences or Other Educational Activities.

Lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, provided that the lodging at the group rate is available to the Official at the time of booking. If the group rate is not available, then the Official shall use comparable lodging that is consistent with the per diem rates for lodging as established: (1) in IRS Publication 1542, as amended, or any successor publication; or (2) as a governmental rate offered by a provider of lodging.

2.4 Miscellaneous Expenses.

Bridge, road tolls, housekeeping tips, parking fees and other similar miscellaneous expenses are reimbursable. Baggage handling fees up to $2 per bag are reimbursable.

2.5 Unauthorized Expenses.

Expenses the City will not reimburse include, but are not limited to:
a) The personal portion of any trip.
b) Political or charitable contributions or events.
c) Family expenses, including a partner’s expense when
accompanying the Official on City-related business, as well as children or pet-related expenses.
d) Entertainment expenses, including theater, movies (including in- room), sporting events (including but not limited to gym, massage and golf-related expenses), or other cultural events.

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e) Non-mileage personal automobile expenses, including traffic citations.
f) Personal losses incurred while on City business.
g) “Pre-boarding”, “upgrade” or “change” fees charged for the convenience of the traveling official.

3 After Your Trip.

3.1 Documentation of Expenses/ Expense Reports

Officials shall submit expense report forms, as provided by the City, to the City Manager or the Manager’s designee within thirty (30) days of incurring the expense. The expense report is to be signed, under penalty of perjury, and state that all expenses listed were necessary, reasonable and incurred in connection with City business and in conformity with this Policy. If an Official does not submit expense report forms within thirty (30) days of incurring the expense, the Official will be ineligible for any future City paid travel arrangements or use of City Cal-Cards until the signed expense report form is submitted.

3.1.1 Expense Documentation.

To qualify for reimbursement, expense reports must be
accompanied by documentary evidence, such as a receipt, canceled check, or bill for each expense. The documentary evidence should show the amount, date, place, and essential character of the expense.
a) If the evidence submitted is a bill, it must be itemized so as to sufficiently indicate which costs the Official claims are in connection with City-approved travel and for what purpose such costs were incurred (e.g., an itemized hotel bill would indicate cots for room, parking fee, meals, and room tax, with the respective cost of each listed on the bill).
b) Any evidence submitted must be attached to a written statement signed by the Official attesting the evidence is an accurate depiction of the expense and that the charges are appropriate and incurred in connection with City business and in conformity with this Policy.
c) Receipts shall document the expenses of the Official exclusively. Personal expenses (including, but not limited to, a partner’s expenses) shall not be included on the submitted receipt.

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3.1.2 Substitute Expense Documentation.

If documentary evidence (e.g., receipt or bill) is not available, the following limitations on reimbursement shall apply:
a) Lodging, food, and beverage expenses shall not be
reimbursed.
b) Per IRS guidelines, only expenses of less than $75.00 shall be reimbursed where substitute documentary evidence is
provided.

Acceptable forms of substitute documentary evidence may include, but are not limited to, written statements from the Official’s guests or other witnesses setting forth detailed information about the expense, or an In Lieu of Receipt Form signed by the traveling Official. A sample In Lieu of Receipt Form is attached to this policy (Attachment 1).

3.1.3 California Public Records Act.

All documents related to reimbursable City expenditures are subject to disclosure under the California Public Records Act Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1.

3.2 Reimbursement.

The City will reimburse Officials for all actual and necessary expenses within the limitations of this policy.

3.2.1 Preliminary Review by Staff.

The City Manager or his or her designee shall review all forms and documentary evidence as outlined in the attached Staff Travel Expenditure Review Procedure (Attachment 2).
.

3.2.1.1 Reimbursement .

Once the expense report is complete, signed and all
necessary receipts are attached, staff will submit the
report and supporting documentation to the Finance
department for processing with the next scheduled
Warrant Register
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4 Policy Violations.

Pursuant to California Government Code Section 53232.4, penalties for misuse of public resources or falsifying expense reports in violation of expense reporting policies may include, but are not limited to, the following:
a) The loss of reimbursement privileges.
b) Restitution to the City.
c) Civil penalties for misuse of public resources pursuant to California Government Code Section 8314.
d) Prosecution for misuse of public resources, pursuant to Section 424 of the Penal Code.

In addition to the above penalties as prescribed by State law, violation by an Official of this Policy shall result in the following:
a) Termination of that Official’s privilege to use City CAL-cards, unless such privilege is reinstituted by the City Council; and/or
b) Ineligibility for any future pre-paid travel, unless such eligibility is restored by the City Council.

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CITY COUNCIL POLICY: WRITTEN

COMMUNICATION POLICY
Revised January 2, 2019

California law prohibits the use of public resources for personal or political gain.

Chapter 1.04 of the Lake Forest Municipal Code prohibits the use of the city logo for commercial purposes. The City Council has determined that correspondence paid for with public funds or on City stationery or letterhead must relate to actual and authentic City business and must not purport to advance or advocate a policy not previously approved by the City Council. This policy establishes guidelines for City Council and use of City of Lake Forest stationery and letterhead by City Council Members.

1 Definitions.

1.1 City Council Correspondence.

City Council Correspondence is any written communication, including communications in facsimile or electronic format (e-mail), which is addressed to a City Council Member or authored by a City Council Member(s). Examples include, but are not limited to:
a) Correspondence addressed to the City Council, individual Council Members or the Mayor sent to a City facility or to City of Lake Forest e-mail accounts not clearly marked or identified as “personal” or “confidential”
b) Correspondence sent by the City Council, individual Council Members or the Mayor regarding City business
c) Correspondence, except purely social or salutatory
correspondence, that identifies the author as a Council Member, elected official, or includes a City Council Members’ City of Lake Forest business card.

1.2 Social and Salutatory Correspondence.

Any Correspondence written by City Council Members or the Mayor conveying greetings, congratulations, gratitude or other similar sentiments to residents, business owners, government agencies or other persons or entities.

1.3 Letters of Recommendation.

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Any Correspondence written by City Council Members or the Mayor recommending employment or admission to educational institutions, the United States Military, Peace Corps, or other service program.

1.4 Campaign Literature.

Any information delivered to the public designated to either further or injure a political campaign.

1.5 Official City Representation.

Any statement made by the City Council, Individual Council Members, or the Mayor which states, or which could reasonably be interpreted to state, a City policy, position, or commitment to action.

2 Policy.

2.1 City Council Correspondence.

With the exception of e-mail, all outgoing City Council Correspondence shall be on City of Lake Forest stationary or letterhead maintained exclusively at City Hall and shall be signed by City Council Members or the Mayor. Copies of all City Council Correspondence shall be provided to the City Clerk for retention pursuant to the City’s Records and Retention Policy as authorized by State law. All City Council Correspondence sent to or from City of Lake Forest e-mail accounts shall be automatically retained by the City’s e-mail archive software pursuant to the City’s Records and Retention Policy.

2.2 Social and Salutatory Correspondence.

The use of City stationary, including informal note cards or memo pads, by City Council Members or the Mayor is authorized for the purpose of social and/or salutatory correspondence, subject to the limitations of state law relative to mass mailings and/or campaign related communication. No copies of such correspondence are retained in the ordinary course of business and are not subject to the City’s Records and Retention Policy.

2.3 Campaign Literature.

No City of Lake Forest stationary, letterhead, or informal note cards or memo pads shall be used for Campaign Literature.

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2.4 Official City Representation.

No individual City Council Member or the Mayor shall transmit any Correspondence containing an Official City Representation without authorization from the City Council to serve as spokesperson for this purpose. When otherwise presenting their individual opinions and positions, members of the City Council shall explicitly state they do not represent the City, and will not allow the inference that they do.

2.5 Letters of Recommendation.

Any letters of recommendation written by individual City Council Members or the Mayor shall be on City of Lake Forest stationary or letterhead maintained exclusively at City Hall and shall be signed by City Council Members or the Mayor. Copies of any letters of
recommendation shall be provided to the City Clerk for retention pursuant to the City’s Records and Retention Policy as authorized by State law.

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CITY COUNCIL POLICY: RECOGNITIONS -

PROCLAMATIONS, CERTIFICATES,

RESOLUTIONS AND/OR CITY PARAPHERNALIA
Revised: July 2, 2019

1. Purpose.

To establish guidelines for recognition of individuals, groups and events by issuance of proclamations, certificates, resolutions, and/or City paraphernalia.

2. Background.

On a regular basis, the City of Lake Forest receives requests from groups and organizations for various types of recognition. Current practice allows for the City Council to determine which presentations are agendized and which are appropriate to be presented at an event outside of a formal City Council meeting.

Requests made by members of the City Council reviewed by the Mayor and approved at his/her discretion. Furthermore, any member of the City Council may use the consensus process to request a recognition.

3. Policy.

It is the policy of the City Council that staff will use the guidelines of this policy as a basis for deciding appropriate recognition. Further, it is the City Council’s policy that the City Clerk will process all requests for recognition that meet this policy as a matter of routine. All others will be approved at the discretion of the Mayor. In providing that direction the Mayor considers the adopted guidelines.

4. Definitions.

Resolutions: A resolution is a formal, written action of the City Council and must be formally adopted by the City Council at a meeting. An official resolution is developed in the standard legal format for City resolutions. Resolutions presented to individuals or groups to be recognized will incorporate the same wording as a formal resolution but will consider format modifications more appropriate for presentations. Adoption of a resolution requires a staff report with a recommendation and justification for issuing the resolution to the requisition party.

Certificates: A certificate is a type of recognition of an individual or group. A certificate is prepared in response to the type of recognition requested. Types of certificates may include: Certificate of Commendation, Certificate of Recognition, Item: 14
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Certificate of Appreciation and Certificate of Appointment. Certificates are prepared for signature of all Members of the city Council, if requested by a majority of the City Council. This may be presented at a City Council meeting or outside event. Certificates are not issued for religious observations, ethnic celebrations or recognition that is not local to the community in nature.

Proclamations: Proclamations may be issued to designate a day, week, month, or year an event, individual, organization or cause shall be recognized or observed. Proclamations may also be issued to individuals or organizations in recognition of efforts, actions or accomplishments of an individual or group when those efforts, actions or accomplishments have had a positive effect on this community or relationship to this community. There are two types of Proclamations 1. letter size document observing event or occasion and 2. legal size document that includes details of occasion and whereas statements, like a resolution. The Mayor has discretion as to appropriateness and type of recognition. Proclamations are prepared by the City Clerk and signed by the City Council and may be presented at a City Council meeting or outside event.

Standard Plaques: Standard plaques are an appropriate means of recognition for significant service to the City. Presentation of a standard plaque is at the discretion of the Mayor with concurrence of a majority of the City Council.

City Title Plaque: The City title plaque is an appropriate means of recognizing the service of a Director, City Commissioner, Eagle Scout/Girl Scout Gold Award service project benefitting the City of Lake Forest, High School Liaison, or dignitaries visiting from other jurisdictions. Presentation of a city plaque is at the discretion of the Mayor with concurrence of a majority of the City Council.

In Memoriam Certificate / Dedication of a Meeting: There are times when a meeting is dedicated to the memory of an individual. The Mayor would initiate this action with concurrence of a majority of the City Council. When a meeting is dedicated, a notation appears on the agenda and the Mayor announces that the meeting is in memory of said individual. After the meeting is held or adjourned, an appropriate certificate “In Memoriam” is sent to the family to acknowledge the dedication.

City Lapel Pin: City lapel pins picture the city logo. They are presented to City Staff, City Commissioners when appointed, and guests of the city as determined by the Mayor and/or City Council Members and/or City Manager, City Clerk or Department Heads.

City Pen: City pens are specially prepared and contain the City logo on top. City pens are presented to City staff, City Commissioners or dignitaries as determined by the Mayor and/or City Council Members.

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Letter of Commendation: The Mayor at his/her discretion may opt to recognize an event or individual such as earning the prestigious Eagle Scout or Girl Scout Gold Award.

5. Type of Recognition Requests.

The following are recognition guidelines, which will be implemented by the Mayor, with a majority concurrence of the City Council.

Community Events, Community Organizations
In response to requests for recognition received from various community organizations, the Mayor will consider the significance of the event to the entire community and provide direction to staff on proceeding with the request accordingly.

Athletic / Academic Accomplishments
Recognition of athletic/academic accomplishments may be given when an individual or team reaches a significant level of competition on a regional, State or national level. Additionally, recognition may be given for a championship at a county level if the competitor continues to compete at a state and/or national level. (Recognition should occur when the highest level of competition is completed.)

Athletic recognition should be limited to children of High School age or greater competing in school-related of publicly conducted and sanctioned competitions.

Adults residing in the City may also be recognized for their athletic achievements in well-recognized sporting events. The determination of when recognition is appropriate shall be the responsibility of City Council.

Acts of Heroism
Commendations may be given to residents of Lake Forest who perform heroic acts and to non-residents who perform acts of heroism to save the life or property of a City resident. The commendation should be presented at a City Council Meeting.

Non-Profit Organizations, Yearly Commemorative Events
In response to requests for recognition received from various non-profit organizations, the Mayor will consider those requests not covered as to the significance of the event to the entire community and provide direction to staff on proceeding with the request accordingly.

Eagle Scouts and Silver Arrow Scouts / Girl Scout Silver and Gold Award A letter of commendation may be prepared to recognize City residents who achieve the rank of Eagle Scout and Silver Arrow Scout or Girl Scout Silver or Gold Award. The letter will be presented in a certificate folder and may be Item: 14
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presented by the Mayor or a member of the City Council at either a court of Honor or a City Council meeting.

City Commissioners
Newly appointed commissioners will be presented with a City lapel pin and a Certificate of Appointment at the City Council Meeting at which the Oath of Office is taken. Commissioners who complete their terms of office will be presented with a City Title plaque at a City Council meeting. Commission Chairpersons will be recognized with a Certificate of Recognition at the end of their term

Regional Events and Recognition for Other Cities.

Appropriate certificates or proclamations may be prepared for regional events or in response to requests from other cities. The form of presentation will be evaluated by the Mayor for presentation to City Council for final action.

National Day/ Week / Month or Dates of Observance
A proclamation may be issued by/to an organization or individual who has a direct association with the recognition.

Anniversary
A certificate or proclamation of anniversary may be prepared to commemorate an anniversary for a community service organization located in the City, a company doing business within the City or another public agency. The organization being honored shall be invited to send a representative to a City Council meeting to receive the award.

Limitation of requests include:
• A Proclamation request will be honored only for major anniversary ( e.g., 25th, 50th, 100th , etc.)
• For all other anniversaries a Certificate of Recognition may be provided.

Mayor’s Award
Pursuant to City Council direction on May 15, 2018, an award may be presented to one City staff member to recognize outstanding performance and achievement during the year. The established criterion and procedure for the Mayor’s Award is found in the Mayor’s Award Administrative Policy.

4. Procedure.

It is the policy of the City Council that when a request for recognition is received, certificates, proclamations, plaques and other recognitions awards shall be prepared by the City Clerk in accordance with the adopted guidelines of this policy.

If a request for recognition is not clearly consistent with any of the request categories, the Mayor will provide direction and staff prepares the necessary recognition.

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CITY COUNCIL POLICY: BIENNIAL CITY

COMMISSION WORKSHOP
Adopted: 3/2/2021

1 Purpose.

This policy establishes the process and content of the biennial workshop to be held on concurrent budget preparation years by City Commissions. By Minute Order at the January 5, 2021 City Council Meeting, the City Council dispensed with the previous policies regarding Annual Joint City Council/Commission Workshop which required a joint meeting be held on the second meeting in March to discuss the goals and objectives of each commission for the upcoming year.

2 Commission Roles and Responsibilities

2.1 Planning Commission.

In accordance with Section 9.02.030 of the Lake Forest Municipal Code (LFMC), the Planning Commission shall act as the custodian of the visual character of the City and shall also have the following general functions:

A. Planning for the physical development of the City;

B. Carrying out the precepts and intent of the City’s Zoning Ordinance;

C. Reviewing and approving, conditionally approving or denying tentative subdivision maps;

D. Making recommendation to the City Council for the
establishment of appropriate zoning boundaries;

E. Reviewing the General Plan and making a report thereon annually to the City Council;

F. Periodically reviewing the zoning map and the text of the Zoning Code and making recommendation to the City Council for change;

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G. Periodically reviewing the Subdivision Code and making recommendations to the City Council for amendments or
additions;

H. Rendering disinterested and diligent service to the public in the interpretation of public needs and necessities in the development of the City and its environs.

2.2 Community Services Commission.

In accordance with Section 13.01.001 of the LFMC, the
Community Services Commission shall:

A. Advise the City Council on all matters subject to the jurisdiction of the Council pertaining to the
acquisition, development, and maintenance of public
parks and recreational facilities;

B. Review and advise the Council pertaining to the financing of and budgeting for such functions, including but not limited to, the financing and budgeting for park and recreation services in the City.

C. Advise the Director of Management Services, or the City Manager’s designee, from time to time.

2.3 Traffic and Parking Commission.

In accordance with Section 12.06.030 of the LFMC, the Traffic and Parking Commission shall:

A. Advises the City Council on issues relating to parking and the safe and efficient movement of traffic, including vehicles, bicycles, pedestrians, and other modes of transportation upon the circulation network of the City.

B. Provide recommendations related to traffic and parking including, but not limited to traffic and parking related field studies, requests for traffic control devices, requests for Permit Parking and Street Sweeping Parking Restrictions, and other related matters.

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3 Biennial City Commission Workshop

On a biennial basis, on concurrent budget preparation years, the Planning Commission, Community Services Commission, and the Traffic and Safety Commission shall hold a Joint Workshop/Roundtable to discuss the overall City budget and the goals and objectives of each commission for the upcoming two years. Results from the Joint Commission Workshop will be shared with the City Council as input to the Strategic Plan Update.

Policy will provide further layer of transparency and cohesiveness with the City Council goals. Commissioners may continue to bring about other peripheral ideas throughout the year directly to staff.

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CITY COUNCIL POLICY: FINANCIAL

MANAGEMENT AND BUDGETARY POLICY
Adopted: October 20, 2020

1 Purpose.

Provide the framework and direction for financial planning and decision making by the City Council and City staff. These policies are designed to ensure the City’s financial integrity and provision of services that address the priorities of Lake Forest’s constituents.

This policy establishes financial parameters that will guide the budget development and deliberation process, safeguard financial assets, and maintain the City’s strong financial condition.

The desired policy outcome is that the long-term implications of financial decisions are fully understood and considered in the decision-making process.

The City Council will review this policy during each budget development process and consider any recommended revisions with the adoption of the budget.

2 Long-Range Financial Planning and Budget.

a) The budget is a resource allocation document and serves as the financial plan for the City. It will serve as the policy document of the City Council and will provide policy direction to the City Manger in the areas of desired service levels and funding priorities.

b) The City Manager shall present a proposed budget to the City Council on a biennial basis to be adopted no later than June 30 in odd numbered years preceding the commencement of the two-year budget cycle. The budget will be prepared, presented, and administered by the City Manager and Director of Finance/City Treasurer.

c) The City will maintain a long-range fiscal perspective by preparing a two-year operating budget, seven-year Capital Improvement Plan, and seven-year Financial Forecast. The Budget will be developed and adopted with a sharp focus on long-term financial solvency and compliance with provisions of this policy.

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d) The City Council values public input in the budgeting process and will provide opportunities for public input.

e) The budget document will be prepared in a manner which facilitates public study and effectively communicates key economic issues and fiscal policies.

The budget will document and explain assumptions for underlying revenue sources and expenditure estimates.

f) The City Council may authorize the use of reserves and/or non-recurring revenues to balance the budget when unforeseen events occur that reduce the City’s recurring revenues, and to direct the City Manager to make budgetary recommendations that will re-balance the budget within a specified timeframe.

g) All budgetary procedures will conform to state regulations and Generally Accepted Accounting Principles (GAAP) for governmental agencies.

h) The City’s budget will be presented by function of government with a logical breakdown of programs. The budget format will clearly outline the major service areas and associated expenditures.

i) The budgeting process will include reports to the City Council and will include budgetary status and compliance. The City Manager will notify the City Council whenever changing operations or economic developments require corrective budgetary modifications. The City Manager shall also inform the City Council if operating revenues are projected to decrease by more than 10% from the adopted budget.

j) Non-personnel appropriations in the Operating Budget may be carried over from the first year to the second year of the two-year budget period with the approval of the City Manager.

k) Departmental budget control shall be the responsibility of the Department Head. Department Heads shall, with the concurrence of the Director of Finance/City Treasurer, have the authority to move appropriations between line items within their departmental budgets. At the discretion of the City Manager, appropriations may be transferred from one department to another, or between funds within the Operating Budget with notification to the City Council Audit Committee.

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l) At the City Manager’s discretion, appropriations may be moved from one capital improvement project to another existing project within the adopted Capital Improvement Program with notification to the City Council Audit Committee.

m) During the budget cycle, special circumstances may require an adjustment in the appropriations established in the adopted budget and would require a budget amendment. These may include:

i. Changes to spending priorities
ii. Increase in operating or capital expenditures
iii. Decrease in operating revenues

n) City Council approval is required to increase the total sum of the appropriations made for the Operating Budget or the Capital Improvement Plan from the adopted Budget Resolution. City Council approval is also required to move appropriations between the Operating Budget and the Capital Improvement Program.

o) The goal of the City’s long-range financial planning is to pay for capital projects and large, one-time expenditures from existing sources (savings or reserve funds) and not be dependent on borrowing or new revenues.

3 Capital Planning.

a) The purpose of the Capital Improvement Program is to systematically plan, schedule and finance capital projects as approved and prioritized by the City Council. The Capital Improvement Program will be a seven-year plan and will include major rehabilitation costs to existing infrastructure and facilities, as well as the cost of new facilities or capital improvements. Staff will inventory and assess the condition of all major capital assets every two years and make recommendations to the City Council regarding any modification of the Capital improvement Program as part of the budget development process.

b) Proposed capital projects will include projected changes in operating and maintenance costs, work force requirements, productivity, and risk management considerations.

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c) A capital improvement project shall be established for all projects greater than $100,000 with an expected useful life of at least 3 years that also meet the definition of a public project per State Public Contracts Code Section 22002.These include projects involving construction, reconstruction, alteration, renovation, improvement, demolition or major repair work. This excludes routine, recurring and usual work for the preservation, protection, or maintenance of publicly owned land, improvements and equipment.

d) For purposes of this policy, the scope of a proposed capital improvement project may be defined as the work to be undertaken at a single location.

However, if work at a specific location would not otherwise meet the cost threshold for establishing a separate capital improvement project and similar work is to take place at another location(s) during the same fiscal year, then all such similar work shall be defined as one capital improvement project.

e) A capital project may originate from a variety of input, including but not limited to public feedback, City Council and Commission ideas, the Biennial Residential and Business Satisfaction Study (i.e., survey), grant requirements or staff analysis. As part of the budget process, staff uses this input to submit Capital Improvement Program requests providing a detailed description of the proposed project or purchase. All requests will be reviewed by the City Manager using the formal evaluation process described below or some other alternative process identified by the City Manager. One evaluation consists of several ranking criteria, which are assigned relative weights as follows:

Criteria Weight
Project’s impact on health and safety 10
Project improves, upgrades, or rehabilitates an existing facility 9 Project’s impact on City operating budget 8
Project remedies a service deficiency 8
Percent of project costs to be funded by (non-City) resources and/or funding to be lost if project not done 7
Priority assigned by requesting Department 6
Other considerations, such as aesthetics, feasibility, special populations serviced, conformance to plans (including the General Plan), interjurisdictional effects and community economic effects

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Once evaluation scores as assigned, project priorities will be determined and presented to the City Council for further review. After completing its review, the City Council will appropriate funding for the first two years of the Seven Year Capital Improvement Program as part of the two-year budget cycle. f) Unexpended project appropriations will be automatically carried forward as continuing appropriations to future fiscal years as required to complete the intent of the original budget.

g) The City will actively pursue grant and other outside funding sources for all capital improvement projects. Staff will be cognizant that the grant amount should justify the staff time and other resources needed for its administration.

4 Risk Based Reserves.

This section is designed to develop standards for setting reserve levels for various significant City funds. Adequate reserve levels are a necessary component of the City’s overall financial management strategy and a key factor in external agencies’ measurement of the City’s financial strength.

a) The City shall maintain reserves at a prudent level and shall use reserves appropriately with a focus on contributing to the reserves in good times and drawing on reserves in times of severe economic downturns, unforeseen major expenses, and/or sudden revenue losses to maintain a consistent level of service and quality operations.

b) The City shall establish certain financial reserves to protect the City against unexpected interruptions in revenues, vulnerability of State actions, adverse economic conditions, unpredictable one-time costs, and exposure to natural disasters and emergencies.

c) Established reserves will be based on an analysis of the risks that influence the needs for reserves as a hedge against uncertainty and loss. A risk is defined as probability and magnitude of a loss, disaster, or other undesirable event. The Risk Analysis will review the following risk factors and the City ‘s level of exposure to each risk factor impacting the City’s General Fund.

OPERATING RISK FACTORS
Revenue Source Stability
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Vulnerability to Extreme Events
Expenditure Volatility
Leverage
Liquidity
Other Fund Dependency
Growth

CAPITAL RISK FACTORS
Capital Projects
Capital Asset Replacement

d) The Risk Analysis will identify the reserve level for each risk factor, the recommended Target General Fund Reserves based on all risk factors.

e) The Risk Analysis will be performed biennially in coordination with the development of the operating budget.

f) The Total Minimum Reserve shall be established 5% below the Target General Fund Reserve Level.

g) The Target General Fund Reserves and Total Minimum Reserve will be established and updated by resolution based on each biennial analysis.

h) Spending beyond the Total Minimum Reserve shall require a four-fifths vote of the City Council.

i) Gas Tax HUTA Fund – A minimum reserve level of $400,000 will be set aside as a reserve for street repair emergencies and other unanticipated traffic safety projects. The City Manager shall provide a plan including timeline to replenish the reserves within 180 days of City Council authorization to use the reserves. This reserve is intended to protect the City against unexpected interruptions in revenues, vulnerability of State actions, adverse economic conditions related to this revenue source.

j) Measure M Local Fair Share Fund – A minimum reserve level of $250,000 will be set aside as a reserve for street repair emergencies and other unanticipated traffic safety projects. The City Manager shall provide a plan including timeline to replenish the reserves within 180 days of City Council authorization to use the reserves. This reserve is intended to protect the City Item: 14
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against unexpected interruptions in revenues, vulnerability of State actions, adverse economic conditions related to this revenue source.

k) The City shall maintain a Pension Employer Contribution Stabilization Trust Fund to reduce volatility in the employer contribution rates set by CalPERS.

The operating budget presented by the City Manager will provide an update on the balance of the available resources and any recommendations for the budget period.

l) The City Shall maintain an Other Post-Employment Benefits Trust Fund to fund the required health care costs to retirees. The operating budget presented by the City Manager will provide an update on the balance of the available resources and any recommendations for the budget period.

5 Fund Balance Management.

a) The Fund Balance Policy establishes guidelines and procedures for allocating and reporting fund balance in the financial statements in accordance with Governmental Accounting Standard Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, and as committed by City Council.

b) Fund balance is defined as the difference between the assets and liabilities reported in a governmental fund.

c) GASB Statement No. 54 defines five separate components of fund balance, each of which identifies the extent to which the City is bound to honor constraints on the specific purposes for which amounts can be spent.

d) The following components defined by GASB Statement No. 54 shall constitute the City’s Fund Balance for financial reporting purposes:

i. Nonspendable Fund Balance (inherently nonspendable) – Assets that cannot be converted to cash(e.g., prepaid items and inventories of supplies) and assets that will not be converted to cash soon enough to affect the current period.

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ii. Restricted Fund Balance (externally enforceable limitations on use) – Limitations imposed by creditors, grantors, contributors, or laws and regulations of other governments and limitations imposed by law through constitutional provisions or enabling legislation.
iii. Committed Fund Balance (self-imposed limitations on use set in place prior to the end of the fiscal year) – Limitation imposed at the highest level of decision making that requires formal action at the same level to remove (Ordinance).
iv. Assigned Fund Balance (limitation resulting from intended use) – Intended use established by highest level of decision making, by a body designated for that purpose, or by an official designated for that purpose, (delegated by the City Council to the City Manager).
v. Unassigned Fund Balance (residual net resources) – Excess of nonspendable, restricted, committed, and assigned total fund balance.

e) For the General Fund, unless the fund balances are non-spendable or restricted, fund balances are “spendable” and available for use at the discretion of the City Council.

f) For all other Special Revenue, Capital Projects and Debt Serve Funds, these resources are limited as to use by external enforceable limitations (e.g., enabling legislation) therefore fund balances in these funds will be categorized as restricted.

6 Revenues and Expenditures.

a) The City will maintain a level of expenditures which will provide for the health, safety and welfare of the residents of the community.

b) The City will endeavor to maintain a diversified and stable revenue base to minimize the effects of fluctuations in any single revenue source. Efforts will be directed to optimize existing revenue sources while periodically reviewing potential new revenue sources.

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c) The City will estimate revenue using an objective, analytical process; in the case of assumption uncertainty, conservative projects will be utilized.

d) The City will fund all current expenditures from current revenues, avoiding procedures that balance current budgets by postponing needed expenditures, accruing future revenues or rolling over short-term debt.

e) Development processing costs and related administrative expenses shall be totally offset by development fees.

f) Gas tax revenues will be annually set aside to offset all costs in connection with the City’s street maintenance program. The City will strive to maintain this program in such a manner that will not require the infusion of General Fund revenues.

7 User Fees.

a) The purpose of this User Fee Policy is to provide a consistent framework for the analysis and evaluation of user fees imposed by the City of Lake Forest.

Topics include: Services for which user fees are appropriately considered, basis for maximum fee amounts, amount of costs to be recovered from fees, and procedures for updating fees.

b) User fees are applied to recover all or a portion of the City’s costs for providing service of individual benefit or cause. “Providing service means activities at the option of the individual, such as requests for service, or City response to the decisions or action of the individual, such as regulation. The wide-ranging application of user fees for services of individual benefit or cause enables the general revenue sources of the City to be directed more fully to other services yielding broader community benefit.

c) User fees are managed by nearly every operating function within the City.

Areas where user fees will be commonly applied include:

a. Regulatory activities, such as review and inspection of land development, construction/building, and improvements to infrastructure, and other areas of code review, compliance, and enforcement.

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b. Permitting, such as special events and use of public facilities, infrastructure, and services.
c. Facility rentals and use of public spaces, such as community centers, recreational sites, parks, and athletic field use.
d. Program participation.
e. Municipal operations providing service of individual benefit/request. f. Municipal operations responding to individual action. g. Licensing, billing, records management, and administration services. h. Direct-billing of City staff time.

d) Refer to the City’s Comprehensive Master Fee Schedule for a complete list of current services for which a user fee is imposed.

e) The City will identify basic tax-provided services and will establish user fees and charges for services provided in excess of basis services and/or non- taxpaying users.

f) User fees are set at the discretion of the City Council, so long as the fess conform to the requirements of Article 13C of the California Constitution, which requires a “cost of services” basis for setting fee amounts.

g) The City’s User fees will be set according to the estimates reasonable cost of service. Furthermore, user fees will bear a fair and reasonable relationship to the payer’s burdens on or benefits received from the activities and/or services provided by the City.

h) When evaluating user fees, the City will calculate the “full cost of service,” for each activity, which is the maximum fee amount allowed. The full cost of service will include components for:

i) The direct cost of service:
a. Labor associated with performance of service from all personnel involved in the activity.
b. Services, supplies, and/or materials required to complete the activity.

j) A reasonable share of the indirect costs of service:

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a. The services, supplies, and materials which support the personnel involved in the activity.
b. The indirect management, administration, and support services associated with the City functions involved in the activity. c. The central services, City management and administration, and governmental oversight associated with the functions involved in the activity.

k) Once the full cost of service is established for each activity, the City will apply a consistent set of guidelines for determining the amount of cost to be recovered in the final fee amount. A cost recovery percentage will be applied to the full cost of service to calculate the fee.

l) Figure 1 below explains the City’s guidelines for setting a cost recovery threshold for each activity where user fees are applied. The cost recovery threshold assigned to each fee-related service will be identified in the periodic analysis and documentation supporting the calculation of the City’s user fees.

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m) The City shall recalculate the full cost of activities supported by user fees to take into account inflation and other related matters. The following cost index will be used as the basis for calculating annual changes to the fee amounts:

Consumer Price Index (CPI) for the Los Angeles-Long Beach-Anaheim Metropolitan Statistical Area. The escalation amount will be the published annual percentage change calculation. The City’s Master Fee Schedule shall Item: 14
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be approved and updated by resolution in connection with the adoption of the operating budget.

n) The City will complete a thorough user fee study periodically, at least every five years, to determine the full cost of service of each activity included in the Comprehensive Master Fee Schedule. The user fee study will:

a. Analyze the direct and indirect costs associated of existing and new fee-related service provided City-wide.
b. Revisit cost recovery thresholds applied to fee related services. c. Determine updated fee amounts consistent with the cost of service basis and the City’s cost recovery at that time.
8 Accounting, Auditing, and Financial Reporting

a) The City’s accounting and financial reporting systems shall be maintained in accordance with generally accepted accounting principles (GAAP) and other standards promulgated by the GASB.

b) The City shall prepare an annual report, in a Comprehensive Annual Financial Report (CAFR) format, which shall conform to the reporting standards established by the Governmental Accounting, Auditing and Financial reporting (GAFR).

c) The annual financial report will be audited each year by an independent auditor. A new independent auditor shall be selected competitively, through a formal public request for proposal process, at least every six years pursuant to State law.

d) An Audit Committee shall be formed consisting of two City Council Members and the City Manager, or designee, to provide a direct line of communication between the auditor and the City Council. The City Attorney shall be available to advise the Audit Committee.

e) The City Manager will provide quarterly reports to the Audit Committee that compares year-to-date actuals with revenue and expenditure projections.

f) The City Manager will notify the City Council whenever changing operations or economic developments require corrective budgetary measures.

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9 Cash Management, Investments and Banking Relations.

a) Investments and cash management will be the responsibility of the Director of Finance/City Treasurer under the direction of the City Manager.

b) In accordance with Government Code Section 53646, the City Council will review and update annually a specific investment and portfolio policy. The primary purpose of this policy is to set forth the City’s investment philosophy and objectives. The City’s investment objectives are safety, liquidity, and yield. The policy also specifically outlines authorized investments, the acceptable percentages and maximum maturities allowed for each investment instrument and the criteria used to determine qualified depositories/dealers.

c) In the selection of banking services, a competitive public request for proposal process will be used at least every five years.

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CITY COUNCIL POLICY: AUDIT COMMITTEE
POLICY
Adopted: 3/2/2021

1 Background.

The City Council Audit Committee is responsible for the independent review and oversight of the City government’s financial reporting process, internal controls, and independent auditors. The members of the Audit Committee shall possess or obtain a basic understanding of governmental financial reporting and auditing for the City.

As a part of the City’s auditing processes, the Audit Committee shall be available to independent financial auditors and participate as representatives of the governing body.
2 Purpose.

This policy establishes the composition, roles and responsibilities of the City Council Audit Committee as established by the Financial Management and Budgetary Policy.

3 Composition.

3.1 Representation.

An Audit Committee shall be formed consisting of two City Council Members.

Each City Council member serving on the Audit Committee shall serve for a two-year term. The initial term shall be staggered, one Council Member shall serve a one- year term and the other shall serve a two-year term.

3.2 City Staff.

The City Manager, or designee, shall be a part of the Audit committee.

The City Attorney shall be available to advise the Audit Committee.

4 Roles and Responsibilities.

4.1 Council Members.

The Audit Committee shall receive quarterly reports from the City Manager.

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4.2 City Staff.

The City Manager, or designee, shall provide a direct line of communication between the auditor and the City Council.

The City Manager will provide quarterly reports to the Audit Committee that compares year-to-date actuals with revenue projections.

4.3 Meetings

The Audit Committee shall meet four (4) times per calendar year.

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CITY COUNCIL POLICY: RECOVERED

ORGANIC WASTE PRODUCT PROCUREMENT

1. Purpose.

As Solid Waste management continues to pose a national problem due to increased materials consumption and greenhouse gas emissions, as well as dwindling landfill space, the City of Lake Forest has developed a recycling program for all City residents, businesses, and employees. The City Council of the City of Lake Forest intends that the City take a leadership role in both its recycling and purchase of recycled products and materials for use in the provision of City services. To that end, the City aims to incorporate environmental considerations (including recycled -content and recovered Organic waste product use) into its purchasing and procurement practices. This Recovered Organic Waste Product Procurement Policy will enable the City to:

1. Protect and conserve natural resources, water, and energy;

2. Provide direction in the procurement and use of recycled products;

3. Assure compliance with the required Annual Recovered Organic Waste Product Procurement Target mandated by 14 CCR Section 18993.1 et seq.; and

2. 4.

Policy.

Minimize the City’s contribution to climate change pollution and Solid Waste disposal.

1. It is the Policy of the City of Lake Forest to purchase recycled products whenever possible and use or give away a quantity of Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target.

2. Comply with State requirements as contained in Title 14 of the California Code of Regulations, Division 7, Chapter 12, Article 12 (the “SB 1383 Procurement Regulations”) to procure a specified amount of Recovered Organic Waste Products to support Organic Waste disposal reduction targets and markets for products made from recycled and recovered Organic Waste Materials, and further to purchase Recycled- Content Paper Products and Recycled-Content Printing and Writing Paper.

3. Purchase of products which cannot be recycled or reused is strongly discouraged.

4. Recycled-Content Paper Products and Recycled- Content Printing and Writing Paper shall be purchased and used in: (1) all copy machines which will accept it; (2) all printing purposes; and (3) all stationery and envelopes used by City departments, divisions, and employees in the course and scope of their official duties.

5. A recycled paper designation shall be printed on all City stationery.

6. City departments shall examine their purchasing specifications and, where feasible, restructure them to require the use of products which incorporate recycled materials in their manufacture.

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7. A ten percent (10%) or greater price preference shall be given to recycled paper, reusable products offered as alternatives to disposable products, and products designed to be recycled where they are offered as alternatives to non- recyclable products. Purchase of products which cannot be recycled or reused is strongly discouraged. The preference percentage shall be based on the lowest bid or price quoted by the supplier or suppliers offering such non-recycled products.

8. Recycled products are expected to perform as well as non- recycled products, to be purchased at a reasonable price and to be available within a reasonable time period.

In addition to the recovered material content of a product, important criteria in selecting products should also be the ability of the product and its packaging to be reused, reconditioned for use, or recycled through existing recycled collection programs.

Preferred products and packaging are those designed to minimize waste and toxic by- products in their manufacture, use, and disposal.

9. If fitness and quality of Recycled- Content Paper Products and Recycled- Content Printing and Writing Paper are equal to that of non-recycled items, all departments and divisions of City shall purchase such Recycled-Content Paper Products and Recycled- Content Printing and Writing Paper that consists of at least thirty percent (30%) postconsumer fiber, measured by fiber weight, whenever the total cost is no more than ten percent (10%) of the total cost for the non -recycled items, consistent with the requirements of the Public Contract Code, sections 22150 through 22154, and sections 12200 and 12209, as amended.

10. All Recycled -Content Paper Products and Recycled- Content Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable label as defined in Title 16 of the Code of Federal Regulations, section 260.12.

11. Provide records to the Recordkeeping Designee of all Paper Products and Printing and Writing Paper purchases within thirty (30) days of such purchase (whether or not composed of recycled content) made by a division, department, or employee of the City. Records shall include: (1) a copy of the invoice or other documentation of purchase; (2) written certifications as required by this policy for recycled- content purchases; (3) vendor name; (4) purchaser name; (5) quantity purchased; (6) date purchased; and (7) recycled content (including whether no recycled material was used). Further, if non-Recycled-Content Paper Products and/or non-Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled- Content Paper Products and/or Recycled-Content Printing and Writing paper were not so provided.

The City shall cooperate with the County of Orange, other Orange County cities, and other governmental agencies in the development of programs and procedures which further this Policy.

3. Recycled Products Definitions.

“Annual Recovered Organic Waste Product Procurement Target” means the amount of Organic Waste in the form of a Recovered Organic Waste Product that the City is required to procure annually under 14 CCR Section 18993.1. This target shall be Item: 14
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calculated by multiplying the per capita procurement target, which shall be 0.08 tons of Organic Waste per California resident per year, times the City’s residential population using the most recent annual data reported by the California Department of Finance.

Annually, CalRecycle will pro vide notice to each City of its Annual Recovered Organic Waste Product Procurement Target by posting such information on CalRecycle’s website and providing written notice directly to the City.

“City” means the City of Lake Forest.

“Compost” means the product resulting from the controlled biological decomposition of Organic Solid Wastes that are source separated from the municipal Solid Waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). Compost eligible for meeting the Annual Recovered Organic Waste Product Procurement Target must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in -vessel digestion facility that composts on -site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State’s composting operations regulatory requirements.

“Direct Service Provider” means a person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).

“Electricity Procured from Biomass Conversion” means electricity generated from biomass facilities that convert recovered Organic Waste, such as wood and prunings from the municipal stream, into electricity. Electricity procured from a biomass conversion facility may only count toward the City’s Annual Recovered Organic Waste Product Procurement Target if the facility receives feedstock directly from certain permitted or authorized compostable material handling operations or facilities, transfer/processing operations or facilities, or landfills, as described in 14 CCR Section 18993.1(i).

“Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited to: food; yard trimmings; Organic textiles and carpets; lumber; wood; Paper Products; Printing and Writing Paper; manure; biosolids; digestate; and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.

“Paper Products” include, but are not limited to: paper janitorial supplies; cartons; wrapping; packaging; file folders; hanging files; corrugated boxes; tissue; and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

“Printing and Writing Papers” include, but are not limited to: copy; xerographic; watermark; cotton fiber; offset; forms; computer printout paper; white wove envelopes; manila envelopes; book paper; note pads; writing tablets; newsprint and other uncoated writing papers; posters; index cards; calendars; brochures; reports; magazines; and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

“Pre-Consumer Material” or “By- Products” are generated after the manufacture of a product is completed, but before the product has reached the end- use consumer.

Examples of pre-consumer recovered materials include obsolete inventories of finished Item: 14
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goods, rejected unused stock, and paper wastes generated during printing, cutting, and other converting operations.

“Post-Consumer Recycled Materials” are finished products that have served their intended use and would normally be disposed of as Solid Waste. Examples of post - consumer recovered materials include old newspapers, office paper, yard waste, steel, glass, aluminum cans, plastic bottles, oil, asphalt, concrete, and tires.

“Procurement of Recovered Organic Waste Products” means purchase or acquisition (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), and end use by the City or others. The City’s Annual Recovered Organic Waste Product Procurement Target can be fulfilled directly by the City or by Direct Service Providers through written contracts or agreements for Procurement of Recovered Organic Waste Products at the City’s behest.

“Publicly-Owned Treatment Works” or “POTW” has the same meaning as in Section 403.3(r) of Title 40 of the Code of Federal Regulations.

“Recordkeeping Designee” means the public employee appointed by the City Manager or their designee to track procurement and maintain records of Recovered Organic Waste Product procurement efforts both by the City and others, if applicable, as required by 14 CCR, Division 7, Chapter 12, Articles 12 and 13.

“Recovered Organic Waste Products” means Organic products made from California, landfill-diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in- vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12.

“Recycled Material” is waste and by-products that have been recovered or diverted from the Solid Waste stream and that can be utilized in place of raw material in the manufacturing of a product. Recycled materials may consist of materials derived from post-consumer waste, manufacturing waste, industrial scrap, agricultural waste, and other items, all of which can be used in the manufacture of new products.

“Recyclability” means that the Paper Products and Printing and Writing Paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations Section 260.12.

“Recycled-Content Paper Products and Recycled- Content Printing and Writing Paper” means such products that consist of at least thirty percent (30%) postconsumer fiber, by fiber weight, consistent with the requirements of sections 22150 thr ough 22154, as well as sections 12200 and 12209 of the Public Contract Code, and as amended.

“Renewable Gas” means gas derived from Organic Waste that has been diverted from a landfill and processed at an in- vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

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“SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.

“SB 1383 Eligible Mulch” means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4):

1. Produced at one of the following facilities:

i. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10);

ii. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or,

iii. A Solid Waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.

2. Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A)1 through 3.

“SB 1383 Regulations” means or refers to the Short -Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

“State” means the State of California.

“Ton” or “Tonnage” for purposes of calculating compliance with the Annual Recovered Organic Waste Product Procurement Target shall be calculated based on the assumption that one (1) Ton of Organic Waste shall constitute:

1. Twenty-one (21) diesel gallon equivalents (“DGE”) of renewable gas in the form of transportation fuel;

2. Two hundred forty -two (242) kilowatt -hours of electricity derived from renewable gas;

3. Twenty-two (22) therms for heating derived from renewable gas;

4. Six hundred fifty (650) kilowatt -hours of electricity derived from biomass conversion;
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5. Zero point fifty-eight (0.58) tons of Compost or one point forty-five (1.45) cubic yards of Compost.

6. Two thousand (2,000) pounds (i.e. one (1) “ton”) of mulch.

4. Recovered Organic Waste Procurement Target.

1. Through the implementation of this Policy, City will annually procure for use or giveaway a quantity of Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target.

2. To be eligible to meet the Annual Recovered Organic Waste Product Procurement Target, products that may be procured include the following, provided that each product meets the criteria included in its respective definition:

i. SB 1383 Eligible Compost;

ii. SB 1383 Eligible Mulch;

iii. Renewable Gas in the form of transportation fuel, electricity, or heat; and

iv. Electricity Procured from Biomass Conversion.

5. Requirements for City Departments.

1. Compost and SB 1383 Eligible Mulch procurement. Divisions, departments, and employees responsible for landscaping maintenance, renovation, or construction shall:

a. Use Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste for landscaping maintenance, renovation, or construction as practicable and whenever available, while capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards specified in 14 CCR section 17852(a)(24.5)(A)(1) through (3).

b. When City uses Compost and SB 1383 Eligible Mulch and their application is subject to the City’s Water Efficient Landscaping Ordinance (“WELO”), pursuant to Lake Forest Municipal Code Title 9, Chapter 146, section 110 et seq., all divisions, departments, and employees shall comply with the City’s WELO by including the following:

i. For landscape installations, Compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) Organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.

ii. Apply a minimum of three (3) inches of SB 1383 Eligible Mulch to all Item: 14
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exposed soil surfaces of planting areas, except in turf areas, creeping or rooting groundcovers, or direct seeding applications where such mulch is contraindicated. Whenever SB 1383 Eligible Mulch is applied in this way, five percent (5%) of the landscape area shall be left without mulch to provide habitat for beneficial insects and other wildlife. Designated insect habitats must be included in the landscape design plan as such.

iii. Procure Organic SB 1383 Eligible Mulch materials made from Recycled or Post -Consumer Materials rather than inorganic materials or virgin forest products, unless Recycled or Post-Consumer Organic products are not locally available. SB 1383 Eligible Mulches are not required where prohibited by local ordinances.

iv. For all SB 1383 Eligible Mulch that is land-applied, such mulch must meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards specified in 14 CCR section 17852(a)(24.5)(A)(1) through (3).

c. Keep records, including invoices or proof of Recovered Organic Waste Product procurement (whether through purchase or acquisition), and submit records to the Recordkeeping Designee upon completion of a project. Records shall include:

i. General procurement records, including:

1. A general description of how and where the product was used and applied, if applicable;

2. The source of a product, including the name, physical location, and contact information for each entity, operation, or facility from which the Recovered Organic Waste Products were procured;

3. The type of product;

4. The quantity of each product; and

5. All invoices or other records demonstrating purchase or procurement.

ii. For Compost and SB 1383 Eligible Mulch provided to residents through giveaway events or other distribution methods, records shall be kept of all Compost and SB 1383 Eligible Mulch so given away to residents.

Records shall be maintained and submitted to the Recordkeeping Designee in accordance with all reporting requirements under this Policy.

iii. For procurement of SB 1383 Eligible Mulch, maintain an updated copy of the ordinance or enforceable mechanism(s) requiring that the mulch procured by the City or Direct Service Provider meets the land application standards specified in 14 CCR section 18993.1, as amended from time to time.

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d. When procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, enter into a written contract, agreement, or executed purchase order with enforceable provisions that include: (1) definitions and specifications for SB 1383 Eligible Mulch; and (2) an enforcement mechanism (e.g. termination provisions, liquidated damages clauses, etc.) in the event the Direct Service Provider is not compliant with these requirements.

e. Review, amend, or terminate existing contracts as necessary to achieve compliance with the requirement of enforceable mechanisms pursuant to Section 5(1)(c)(3), above.

2. Renewable Gas procurement. For all Renewable Gas procurement, to be used for fuel for transportation, electricity, or heating applications where practical, the City, its divisions, departments, and employees shall:

a. Procure Renewable Gas made from recovered Organic Waste for transportation fuel, electricity, and heating applications to the degree that it is appropriate and available for the City, and to help meet the Annual Recovered Organic Waste Product Procurement Target, which requires compliance with criteria specified in 14 CCR section 18993.1.

b. Keep records of the amount of Renewable Gas procured and used by the City, and submit such records to the Recordkeeping Designee on a quarterly schedule as follows for any given calendar year:

i. By April 15 for the period of January 1 through March 31;

ii. By July 15 for the period of April 1 through June 30;

iii. By October 15 for the period of July 1 through September 30; and

iv. By January 15 for the period of October 1 through December 31.

c. If the City procures Renewable Gas from a publicly -owned treatment work (“POTW”):

i. Annually verify that the Renewable Gas from the POTW complies with the requirements specified in 14 CCR section 18993.1(h), including, but not limited to, the exclusion in 14 CCR section 17896.6(a)(1) and the items listed in this Section 5(2)(c).

ii. Annually receive a record from the POTW documenting the amount of Organic Waste, in Tons, received by the POTW from: (1) a compostable material-handling operation or facility as defined in 14 CCR section 17852(a)(12) (other than a chipping and grinding operation or facility as defined in 14 CCR section 17852(a)(10)) that is permitted or authorized under 14 CCR Division 7; (2) a transfer or processing facility or operation as defined in 14 CCR sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or (3) a solid waste landfill as defined in Public Resources Code section 40195.1, as Item: 14
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iii. Annually receive documentation from the POTW of the percentage of biosolids that the POTW produced and transported to activities that constitute landfill disposal, in order to demonstrate that the POTW transported less than twenty five percent (25%) of the biosolids it produced to activities that constitute landfill disposal. For the purposes of this Policy, landfill disposal is defined pursuant to 14 CCR section 18983.1(a) and includes: (1) final disposition at a landfill; (2) use of material as alternative daily cover or alternative intermediate cover at a landfill; and (3) other dispositions not listed in 14 CCR section 18983.1(b).

Alternative daily cover or alternative intermediate cover are defined in 27 CCR sections 20690 and 20700, respectively.

iv. Annually receive documentation that the POTW receives vehicle- transported Solid Waste that is composed of an anaerobically-digestible material for the purpose of anaerobic co-digestion with POTW treatment plant wastewater, to demonstrate that the POTW meets the requirements of 14 CCR section 18993.1(h)(2).

v. Submit these records to the Recordkeeping Designee on an annual basis, not to exceed thirty (30) days from receipt of notification from the POTW.

3. Electricity Procured from Biomass Conversion. For Electricity Procured from Biomass Conversion, the City, its divisions, departments, and employees shall:

a. P
rocure electricity from a biomass conversion facility that receives feedstock from a composting facility, transfer/processing facility, solid waste landfill, and/or the generator or employees of a generator of Organic Waste to the degree that it is available and practicable for the City, and to help meet the Annual Recovered Organic Waste Product Procurement Target, which requires compliance with criteria specified in 14 CCR section 18993.1.

b. Maintain records and conduct the following recordkeeping activities:

i. Keep records in the same manner indicated in Section 5(1)(c) of this Policy for the amount of Electricity Procured from Biomass Conversion facilities, including the general procurement record information.

ii. Receive written notification by an authorized representative of the biomass conversion facility certifying that biomass feedstock was received from a permitted solid waste facility identified in 14 CCR section 18993.1(i).

iii. Provide these records to the Recordkeeping Designee.

6. Requirements for Direct Service Providers.

1. Direct Service Providers of landscaping maintenance, renovation, and construction services shall:

permitted under 27 CCR Division 2.

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a. Use, as practicable, Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste for all landscaping maintenance, renovation, or construction services performed for the City, where available and capable of meeting all quality standards and criteria as specified by this Policy. All SB 1383 Eligible Mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards specified in 14 CCR section 17852(a)(24.5)(A)(1) through (3).

b. If subject to the City’s WELO pursuant to Lake Forest Municipal Code Title 9, Chapter 146, section 110 et seq., comply with one of the following, whichever is most stringent: (1) the locally-adopted WELO if more stringent than the State’s Model WELO (“MWELO”); or (2) sections 492.6(a)(3)(B), (C), (D) and (G) of the State’s MWELO, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which requires the submittal of a landscape design plan with a “Soil Preparation, Mulch, and Amendments Section” to include the following:

i. For landscape installations, Compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding such Compost and tilling.

ii. Apply a minimum of three (3) inches of mulch to all exposed soil surfaces of planting areas, except in turf areas, creeping or rooting groundcovers, or direct seeding applications where such mulch is contraindi cated.

Whenever SB 1383 Eligible Mulch is applied in this way, five percent (5%) of the landscape area shall be left without mulch to provide habitat for beneficial insects and other wildlife. Designated insect habitats must be included in the landscape design plan as such.

iii. Procure Organic SB 1383 Eligible Mulch materials made from Recycled or Post-Consumer Materials rather than inorganic materials or virgin forest products, unless Recycled or Post -Consumer Organic products are not locally avai lable. SB 1383 Eligible Mulches are not required where prohibited by local ordinances.

c. Keep and, upon completion of projects, provide records of procurement of Recovered Organic Waste Products, whether through purchase or acquisition, to the Recordkeeping Designee. Information provided shall include:

i. A general description of how and where the product was used and applied, if applicable;

ii. The source of a product, including the name, physical location, and Item: 14
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contact information for each entity, operation, or facility from which the Recovered Organic Waste Products were procured;
iii. The type of product;

iv. The quantity of each product; and

v. All invoices or other records demonstrating purchase or procurement.

2. Direct Service Providers of Organic Waste collection services shall:

a. Provide a specified quantity of Compost or SB 1383 Eligible Mulch to City and its customers via periodic “giveaways” as specified in a franchise agreement or other agreement.

b. Keep and provide records to the City, including the following:

i. The dates such services were provided;

ii. The source of all products, including the name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured;

iii. The type of product;

iv. The quantity of each product; and

v. All invoices or other records or documentation demonstrating purchase, procurement, or transfer of material to a giveaway location.

3. Direct Service Providers procuring Renewable Gas shall:

a. Direct Service Providers transporting Solid Waste, Organic materials, and/or Recyclable materials shall procure their fuel as Renewable Gas if required to do so in RFPs and RFQs released by the City for such services, or as otherwise required by permit, license, written agreement, or written contract.

b. Departments releasing RFPs and RFQs for contractors that procure fuel in the course of their services to the City may include a price preference to contractors that propose to use the amount or percentage of Renewable Gas specified in the RFP or RFQ in order to be eligible for said price preference. Such use, if it occurs, shall be documented in a written contract or agreement.

c. If Renewable Gas made from recover ed Organic Waste is used by Direct Service Providers, such Direct Service Providers shall submit to the Recordkeeping Designee information listed in Section 6(2)(b)(i) –(v) on a schedule to be determined by City, but not less than annually.

d. Renewable Gas used by Direct Service Providers under Sections 6(1) and 6(2) shall comply with criteria specified in 14 CCR Section 18993.1.

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7. Requirements for Paper Product Vendors.

1. All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to City, its divisions, departments, and employees, shall:

a. Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%) pos tconsumer fiber by fiber weight, if fitness and quality of such paper is equal to that of its non- recycled equivalent and available at no more than ten percent (10%) if the total cost for non-recycled paper products.

b. Provide Paper Products and Printing and Writing Papers that meet Federal Trade Commission Recyclability standards as defined in Title 16 of the Code of Federal Regulations section 260.12.

c. Certify in writing, under penalty of perjury, that the product meets the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City, if not the exact percentage.

d. Ensure that the Paper Products and Printing and Writing Paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label, as defined in Title 16 of the Code of Federal Regulations section 260.12.

e. Provide records to the City, department, or division in question of all Paper Products and Printing and Writing Paper purchased from the vendor within thirty (30) days of the purchase (whether recycled-content or not) made by a division or department or employee of the City. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in items (c) and (d) of this Section for recycled -content purchases, purchaser name, quantity purchased, date purchased, and recycled content (even if such products contain no recycled content). If non-Recycled-Content Paper Products and/or non- Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled- Content Paper Products and/or Recycled- Content Printing and Writing Paper were not provided.

2. All vendors providing printing services to t he City via a printing contract or written agreement shall use Printing and Writing Paper that consists of at least thirty percent (30%) postconsumer fiber by fiber weight, or as amended by Public Contract Code section 12209.

8. Recordkeeping Responsibilities.

1. The Public Works department will be the responsible department for all City recordkeeping activity under this Policy, and will select an employee to act as the Recordkeeping Designee, who will be responsible for obtaining records pertaining to Procurement of Recovered Organic Waste Products, as well as Recycled- Content Paper Products and Recycled-Content Printing and Writing Paper.

2. The Recordkeeping Designee will do the following to track Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper:

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a. Collect and collate copies of invoices or receipts (whether paper or electronic or both) or other proof of purchase that describes the procurement of Printing and Writing Paper and Paper Products, including but not limited to the volume and type of all paper purchases and copies of certifications and other required verifications from all departments and/or divisions procuring such Paper Products and Printing and Writing Paper (whether or not they contain recycled content), as well as from the vendors providing Printing and Writing Paper and Paper Products. These records must be kept as part of the City’s documentation of its compliance with 14 CCR section 18993.3.

b. To develop evidence of the City meeting its Annual Recovered Organic Waste Product Procurement Target, collect and collate copies of invoices or receipts or documentation evidencing procurement from all departments and divisions procuring Recovered Organic Waste Product and invoices or similar records from all vendors, contractors, or others procuring such products on behalf of the City. These records must be kept as part of the City’s documentation of its compliance with 14 CCR section 18993.1.

c. Collect, collate, and maintain documentation submitted by the City, Direct Service Providers, and/or vendors, including the information reported to the Recordkeeping Designee in accordance with this Policy.

d. Compile an annual report on the City’s direct Procurement of Recovered Organic Waste Products, Recycled- Content Paper Products, and Recycled- Content Printing and Writing Paper, as well as the procurement of all vendors and Direct Service Providers on behalf of City, consi stent with the recordkeeping requirements contained in 14 CCR section 18993.2 for the Annual Recovered Organic Waste Product Procurement Target and 14 CCR section 18993.4 for Recycled- Content Paper Products and Recycled- Content Printing and Writing Paper procurement. This report shall be made available to the City’s responsible entity for compiling the annual report to be submitted to CalRecycle, pursuant to 14 CCR Division 7, Chapter 12, Article 13. The procurement report shall also be shared with City Council annually as evidence of implementing this Policy.

9. Criteria for Selecting Recycled Materials for Purchase.

1. If a decision has been made to purchase recycled materials, the recommended products should contain, in order of preference, the highest percentage of recycled content of post-consumer recovered material available in the marketplace.

2. A minimum 10% price preference shall be permitted for purchasing recycled paper, as based on current market prices quoted by suppliers offering non-recycled products.

3. Recycled products should also be expected to perform as well as non -recycled products, to be purchased at a reasonable price and to be available within a reasonable time period. In addition to the recovered material content of a product, important criteria in selecting products should also be the ability of the product and Item: 14
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its packaging to be reused, reconditioned for use, or recycled through existing recycled collection programs. Preferred products and packaging are those designed to minimize waste and toxic by-products in their manufacture, use, and disposal.

4. Whenever printed recycled paper products are purchased, the standard phrase “Printed on Recycled Paper” and/or the standard “recycle” logo should be included on the printed product, thereby promoting the use of post-consumer content.

5. In addition to the above requirements of this Policy, the City of Lake Forest encourages each department, division, and employee to purchase recycled products wherever it is feasible and fiscally prudent to do so.

This Policy was adopted by the Lake Forest City Council during the December 7, 2021, City Council Meeting, Item No. 18

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CITY COUNCIL POLICY: ‘MAYOR’S
MINUTE’ VIDEO SEGMENT POLICY
Revised: January 7, 2020

The “Mayor’s Minute” is a recurring short video that highlights important City information and/or current events.

The video is produced by City staff and narrated by the Mayor. It is meant to compliment the communication efforts of the public information office.

1. Purpose.

This policy establishes the parameters, procedures, and proper uses of the “Mayor’s Minute” video segments.

2. Parameters.

2.1 Representation.

The “Mayor’s Minute” shall not benefit political campaigns nor promote a political agenda. The video shall represent the actions and events of the City as a whole, not individuals.

2.2 Content.

The content in the “Mayor’s Minute” shall focus on City business or events, such as:
a) Items on upcoming City Council or special-meeting agendas b) Upcoming City workshops or community meetings
c) City accomplishments
d) Council actions taken during a previous City Council meeting e) Public service announcements that support City projects or programs, such as crime prevention, keeping pets on leash, and traffic safety
f) Events sponsored in whole or in part by the City.

2.3 Budget

A budget shall be established for the production, posting and promotion of “Mayor’s Minute” segments during the annual City Council Budget Workshop.

2.4 Substitutes.

The Mayor shall not substitute a proxy for the segment without prior approval from the City Manager.

2.5 Approvals.

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2.6 Video Length.

The video should fall between 60 and 90 seconds of recording time.

2.7 Staff Resources.

Pre-production and post-production work shall be limited to two and a half hours per video segment.

3. Procedure.

3.1 Script Review.

3.2 Recording.

3.2.1 Staff Present.

Public Information Office staff and the Director of Management Services, or his/her designee, shall be present during the recording.

3.2.2Recording Length.

While multiple “takes” may be required on occasion, the recording period shall not exceed 30 minutes.

3.3 Editing.

While the Mayor may provide input, staff shall determine the recorded segment best suited for use. Editing time shall not exceed one and a half hours per video segment.

4. Proper Use.

4.1 Posting.

4.1.1 Promoted Posts.

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4.1.2 Promoted Posts.

No more than $200 may be spent promoting a “Mayor’s Minute” on social media without approval from the City Manager.

4.1.3 Comments on Posts.

5. Penalties.

Pursuant to California Government Code Section 53232.4, penalties for misuse of public resources may include, but are not limited to, the following:
a) Civil penalties for misuse of public resources pursuant to California Government Code Section 8314. b) Prosecution for misuse of public resources, pursuant to Section 424 of the Penal Code.

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CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/3/2023
DEPARTMENT: City Clerk
SUBJECT:

CONSIDERATION OF APPOINTMENTS TO REGIONAL BOARDS
RECOMMENDED ACTION(S):

1. Appoint Members of the City Council to the seats to Regional Boards.

2. Appoint two members of the City Council to the Audit Committee: one member with a one-year term and one member with a two-year term.

3. Exercise discretion in considering a Resolution entitled: A RESOLUTION

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

DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE
ORANGE COUNTY FIRE AUTHORITY’S BOARD OF DIRECTORS.

EXECUTIVE SUMMARY:

Traditionally, City Councilmembers have been appointed to serve on various regional outside committees, boards, commissions, and agencies. Each appointee is responsible for representing the City and voting on behalf of the City Council. This matter is listed on the agenda for the City Council to conduct the annual review and make changes to appointments, if desired. The only exception is the appointment to the Orange County Fire Authority (“OCFA”) Board, in which a resolution is required. Otherwise, the City Council may make appointments to each committee, board, commission or agency by nomination, and minute order confirmation. In addition, the City Council will need to appoint two members of the City Council to serve on the City’s Audit Committee.

The Fair Political Practices Commission (“FPCC”) regulations require the adoption and posting of Form 806, Agency Report of Public Official Appointments, for individual City Councilmembers to participate in a City Council vote that would result in her or him serving in a position that provides compensation of $250 or more in any 12-month period.

Item: 15
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BACKGROUND:

The Mayor and City Council represent the City’s interests in regional issues by serving on regional boards that make public policy decisions in the areas of transportation, water resources, fire services, and government facilities. In January of each year, the City Council reviews the various designated members on the submitted City Council Committee Appointments list.

In previous years, the City Council considered its appointment to the Orange County Mosquito and Vector Control Board at the same time as its other boards, commissions, committees, and agencies. During the December 17, 2019, regular meeting, the City Council appointed Lake Forest resident Vladimir Anderson as the City’s representative to the Vector Control Board for a four (4) year term, which is set to conclude on December 31, 2023.

Pursuant to the City Council Travel and Expense Reimbursement Policy, expenses incurred in connection with the performance of official duties at meetings attended as the City Council-designated representative (or City Council designated alternate in the absence of the City Council designated representative), as documented on the Appointments List, are eligible for reimbursement from the City Council travel budget (Attachment 1). Additionally, pursuant to FPPC Regulation 18705.5 (Materiality Standard: Economic Interest in Personal Finances), public officials may participate in a City Council vote that would result in her or him serving in a position that provides compensation in the form of stipends, reimbursement, or direct payment of $250 or more in any 12- month period. Regulation 18705.5 specifies, however, that the body making such an appointment(s) must adopt and post a list of the appointments on its website, as provided in Form 806.

DISCUSSION:

The City Council Committee Appointments List documents the various committees and boards in which the City Council has appointed its members (Attachment 2). In previous years, the City Council reviewed the list at the first meeting of the new year and made changes, additions, or deletions to the appointments by Minute Order.

Orange County Fire Authority
Pursuant to the Joint Powers Agreement (“JPA”) for the OCFA, the appointment of Directors is to be formalized by a resolution of the City Council. In compliance with the terms of the JPA, the draft Resolution appointing the City’s representative to the OCFA Board of Directors is attached for the City Council’s consideration (Attachment 3). Following City Council action, the Resolution may Item: 15
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be finalized and formatted, with the name of the City’s appointee, and the recorded vote added before the Resolution is presented to the Mayor for signature and forwarded to the OCFA. Should the City Council choose to reappoint Council Member Tettemer to the OCFA Board of Directors, it is not necessary to adopt a new resolution.

City Council Audit Committee
In 2020, the City Council adopted the Financial Management and Budgetary Policy, which established an Audit Committee consisting of two City Council Members and the City Manager. The purpose of the Audit Committee is to provide a direct line of communication between the auditor and the City Council.

The City Manager provides quarterly reports to the Audit Committee that compares year-to-date actuals with revenue and expenditure projects.

The City Council policy states, “Each City Council member serving on the Audit Committee shall serve for a two-year term. The initial term shall be staggered, one Council Member shall serve a one- year term and the other shall serve a two-year term.” In 2021, the City Council appointed Mayor Pro Tem Cirbo to the Audit Committee for a two-year term and City Council Member Tettemer to a one-year term. In 2022, Council Member Tettemer’s term was extended for an additional year. Therefore, both terms will expire in 2023.

Since the Audit Committee was established, the Audit Committee has focused primarily on uses of the American Rescue Plan Act (“ARPA”) funds and related federal compliance considerations. The implementation of the City’s ARPA Grant Plan has been complex and has required Audit Committee direction. City Council Member Tettemer and Mayor Cirbo have a unique familiarity with the intricacies of the City’s implementation strategy that has been valuable for the timely implementation of the ARPA Grant Plan.

Following the finalization of the Appointments List, the City is required to post on its website FPPC Form 806, identifying:
• Each appointed position receiving compensation in excess of $250 per 12- month period.
• the salary or stipend for each appointed position
• the name of the public official appointed to the position • the name of any public official appointed as an alternate • the term of the appointment.

Following City Council action, Form 806 will be finalized and posted with the names of the City’s appointees. Staff recommends the City Council exercise discretion in appointing members to regional boards, appoint two Council Members to the Audit Committee, and authorize the attached Resolution if the Item: 15
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City Council desires to appoint a City Council Member other than City Council Member Tettemer to serve as a Director for the OCFA.

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

1. City Council Travel and Expense Reimbursement Policy

2. City Council Appointment List

3. Resolution Designating the City’s Representative to OCFA Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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CITY COUNCIL POLICY: TRAVEL AND

EXPENSE REIMBURSEMENT POLICY
Revised: January 2, 2019. Re-affirmed January 2022
Cit
y Council Members and Commissioners (“Official” or “Officials”) are allowed their actual and necessary expenses when traveling on official City business consistent with this policy, as outlined below. Council Members and Commissioners are encouraged to participate in trainings and conferences in an effort to enhance education and to represent the City of Lake Forest. Reasonable modifications to this policy are allowed for an Official(s) with disabilities. 1 Before Your Trip.
1 .1 Authorized Budget.

T
ravel is subject to the dollar limitations set forth in the City’s Annual Operating Budget. City Council travel is budgeted within the City Council Department “Travel, Conferences, and Meetings” account. Planning Commission travel is budgeted in the Community Development Planning Division “Commissioner Travel” account. Community Services Commission travel is budgeted in the Community Services Recreation Division “Commissioner Travel” account. Traffic and Parking travel is budgeted in the Public Works Traffic and Parking Commission Division “Commissioner Travel” account.
1 .2 Authorized Functions (i.e., Where can I go?).

E
xpenses incurred in connection with the performance of official duties at functions described below are eligible for reimbursable:
a
) Meetings of the City Council, Successor Agency, Housing Authority, Financing Authority, and any other government body or Ad Hoc Committee established by formal action of the Lake Forest City Council.
b) Meetings attended as the Council -designated representative(s) (or C
ouncil designated alternate(s)) of the City as documented on the most recently adopted City Council Committee Appointments List. c) Meetings with the City Manager or his or her designee. d) City-sponsored events.

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Adopted March 2018

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Lake Forest City CouncilJanuary 3, 2023

Lake Forest City Council
January 3, 2023