AGENDA
LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, January 17, 2023
Public Session 6:30 p.m.
City Council Chambers, 100 Civic Center Drive, Lake Forest, California NOTICE
: Pursuant to Lake Forest Municipal Code Section 2.04.010, Regular Meetings of the City Council are held the First and Third Tuesday of each month at the hour of 5:30 p.m. for Closed Session matters, if required. The Public Session of the meeting shall commence at 6:30 p.m. or as soon thereafter as possible. Special Meeting times may be held at a different time and date as listed on the Agenda.
AGENDA DOCUMENT REVIEW:
The Agenda and staff reports are available on the Internet at https://www.lakeforestca.gov/en/government/meeting-agendas-and-minutes/meeting-agendas
and at the City Clerk’s Office,
100 Civic Center Drive, Lake Forest, California, on the Friday before the meeting on Tuesday.
AGENDA DESCRIPTION:
The Agenda descriptions are intended to give notice to members of the public of a general summary of items of business to be transacted or discussed. The listed Recommended Action represents staff’s recommendation. The City Council may take any action which it deems to be appropriate on the agenda item and is not limited in any way by the recommended action.
AGENDA ON SOCIAL MEDIA:
This meeting will be streamed through Facebook Live. Comments will not be taken via Facebook Live. The City provides the Facebook Live stream as an additional service to the public. However, the City cannot guarantee that its network and/or the site will be uninterrupted. The City is not responsible for any interrupted service.
SPECIAL NOTICE REGARDING PUBLIC ACCESS TO THE MEETING AND PUBLIC COMMENT:
PUBLIC PARTICIPATION:
In addition to attending in person, members of the public may access the meeting live on our website at
https://www.lakeforestca.gov/en/government/meeting-agendas-and-minutes/meeting-agendas .
PUBLIC COMMENT PRIOR TO THE MEETING:
Members of the public may submit email comments to
[email protected]
. Email comments will be uploaded to the agenda packet and made part of the official public record of the meeting and will not be read at the meeting. To ensure staff reviews all comments prior to the City Council meeting, please submit email comments no later than 5:00 p.m. the day of the meeting.
PUBLIC COMMENT:
Members of the public may provide comments in-person at the meeting. Public comments will no longer be accepted remotely. Those wishing to provide comments in-person at the meeting will be asked to submit a request to speak to the City Clerk.
January 17, 2023
LAKE FOREST CITY COUNCIL AGENDA
CALL TO ORDER:
6:30 p.m.
Council Members:
Robert Pequeño
Scott Voigts
Benjamin Yu
Mayor Pro Tem:
Mark Tettemer
Mayor:
Doug Cirbo
City Manager:
Debra Rose
City Attorney:
Matthew E. Richardson
City Clerk:
Lisa Berglund
PUBLIC SESSION:
6:30 p.m.
PUBLIC SESSION: At this time, the City Council will convene to consider public matters. Those wishing to address the City Council must submit a completed “Request to Speak” form to the City Clerk prior to City Council action.
INVOCATION:
The Invocation will be provided by Chaplain John Siu, Orange County Sheriff’s Department.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance to the Flag of our Country
to be led by Council Member Voigts.
PRESENTATIONS: (Item No. 1)
1. NEW EMPLOYEE INTRODUCTIONS
RECOMMENDED ACTION: Receive and file a report from the City Manager introducing the newest full-time employee for the City of Lake Forest.
PUBLIC COMMENTS
Members of the public can submit an e-comment to
[email protected]
. E-comments will
not
be read at the meeting.
Members of the public may also provide comments in-person at the meeting. Those wishing to provide comments will be asked to submit a request to speak to the City Clerk.
January 17, 2023
LAKE FOREST CITY COUNCIL AGENDA
CONSENT CALENDAR (Item Nos. 2 – 9)
All matters listed under the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request specific items be removed from the Consent Calendar for separate action.
2. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES RECOMMENDED ACTION:
Said Ordinances and Resolutions which
appear on the public agenda shall be determined to have been read by title and further reading waived.
3. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON DECEMBER 6, 2022
RECOMMENDED ACTION: Approve as submitted.
4. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON DECEMBER 20, 2022
RECOMMENDED ACTION: Approve as submitted.
5. GRANT AGREEMENT WITH AGE WELL SENIOR SERVICES FOR
CDBG-CV FUNDING ASSISTANCE TO PURCHASE AN ADA-COMPLIANT
VAN FOR SENIOR RESIDENT TRANSPORTATION
RECOMMENDED ACTION: 1. Approve an Agreement with Age Well Senior Services, Inc. providing for an award of $33,500 of Community Development Block Grant - Coronavirus funds to assist with the purchase of an ADA-compliant van for senior transportation services in response to the COVID-19 pandemic and find that the Agreement is not a project subject to CEQA pursuant to State CEQA Guidelines section 15378, and even if it is a project, then the action is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3).
2. Authorize the Mayor to execute and the City Clerk to attest to the agreement with Age Well Senior Services, Inc., substantially in the form attached.
6. SUMMARY RELINQUISHMENT OF AN EXCESS PUBLIC SERVICE
STORM DRAIN EASEMENT OVER 21141 CAÑADA ROAD PURSUANT
TO CALIFORNIA STREETS & HIGHWAYS CODE SECTIONS 8330, ET January 17, 2023
LAKE FOREST CITY COUNCIL AGENDA
SEQ.
RECOMMENDED ACTION: Adopt a Resolution entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA
SUMMARILY VACATING A PUBLIC SERVICE STORM DRAIN
EASEMENT OVER 21141 CAÑADA ROAD PURSUANT TO CALIFORNIA
STREETS & HIGHWAYS CODE SECTIONS 8330, ET SEQ.
7. AWARD OF CONTRACTS FOR ON-CALL GEOTECHNICAL SERVICES RECOMMENDED ACTION: 1. Award a contract in the amount of $150,000 to GMU Geotechnical, Inc. for professional on-call geotechnical services.
2. Award a contract in the amount of $150,000 to LGC Geotechnical, Inc. for professional on-call geotechnical services.
3. Award a contract in the amount of $150,000 to GEOCON West, Inc. for professional on-call geotechnical services.
4. Authorize the Mayor to sign, and the City Clerk to attest to the agreements, substantially in the form attached.
8. APPROVAL OF EASEMENT DEED WITH THE TERESINA COMMUNITY
ASSOCIATION
RECOMMENDED ACTION: 1. Approve the Easement Deed with the Teresina Community Association for maintenance of a drainage structure.
2. Authorize the Mayor to sign the Easement Deed.
9. SECOND READING AND ADOPTION OF ORDINANCE NO. 359, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING ARTICLE 1 (PUBLIC NUISANCE) OF
CHAPTER 6.14 (NUISANCES, GENERAL) OF TITLE 6 (HEALTH AND SANITATION) AND SECTION 1.01.250 OF THE LAKE FOREST
MUNICIPAL CODE TO PROVIDE FOR SUMMARY NUISANCE
ABATEMENT PROCEDURES, RECOVERY OF EXPENSES; AND
MODIFYING THE PROCESS FOR NOTICE, HEARING, AND APPEALS
REGARDING INVOLUNTARY ABATEMENT OF A NUISANCE; AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
January 17, 2023
LAKE FOREST CITY COUNCIL AGENDA
RECOMMENDED ACTION: 1. Conduct Second Reading of Ordinance No. 359, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING ARTICLE 1 (PUBLIC NUISANCE) OF CHAPTER 6.14 (NUISANCES, GENERAL) OF TITLE 6 (HEALTH AND SANITATION) AND SECTION 1.01.250 OF THE LAKE FOREST
MUNICIPAL CODE TO PROVIDE FOR SUMMARY NUISANCE
ABATEMENT PROCEDURES, RECOVERY OF EXPENSES; AND
MODIFYING THE PROCESS FOR NOTICE, HEARING, AND APPEALS
REGARDING INVOLUNTARY ABATEMENT OF A NUISANCE; AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.
2. Adopt Ordinance No. 359.
DISCUSSION/ACTION ITEMS (Item Nos. 10 – 13)
The following matters are for City Council consideration/discussion/action. Members of the public may have the opportunity to address these items if they wish to do so. Please complete the Request to Speak form and give to the City Clerk.
10. STRATEGIC PLAN QUARTERLY UPDATE
RECOMMENDED ACTION: Receive and file.
11. LEGISLATIVE PLATFORM FOR 2023
RECOMMENDED ACTION: That the City Council adopt the proposed 2023 Legislative Platform.
12. MEMBERSHIP IN ASSOCIATION OF CALIFORNIA CITIES, ORANGE COUNTY
RECOMMENDED ACTION: Exercise City Council discretion.
13. CONSIDER A CONTRIBUTION TO WREATHS ACROSS AMERICA
RECOMMENDED ACTION: Exercise City Council discretion.
CITY MANAGER'S REPORT
At this time, the City Manager may comment on agenda and non-agenda items; and report on items of interest to the City Council and community.
January 17, 2023
LAKE FOREST CITY COUNCIL AGENDA
CITY COUNCIL COMMENTS
At this time, City Council Members may comment on agenda or non-agenda matters. No discussion may take place on any item not appearing on the posted agenda. Council Members may ask a question for clarification, respond to statements made or questions posed by the public, make a brief announcement, or make a brief report on his or her own activities. In addition, the City Council may refer to staff or other resources for factual information, request staff to report back at a subsequent meeting or direct staff to place a matter of business on a future agenda. No action may be taken on non-agenda matters unless authorized by law (Government Code Section 54954.2).
Council Member Pequeño:
Council Member Voigts:
Council Member Yu:
Mayor Pro Tem Tettemer:
Mayor Cirbo:
ADJOURNMENT:
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this Meeting, including auxiliary aids or services, you should contact the Office of the City Clerk at (949) 461-3400.
Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and agenda back-up materials can be obtained from the Office of the City Clerk on the Friday prior to the City Council meeting. Copies of all Agendas, Staff Reports and Supporting Materials can also be found on the City’s website – https://www.lakeforestca.gov/en/government/meeting-agendas-and-minutes/meeting-agendas . Agenda and
agenda packets, if requested, will be made available in an appropriate alternative format to persons with a disability as required by the Americans With Disabilities Act. Copies of the agenda are provided at no cost and agenda back-up materials are available at the per page copy cost.
The City of Lake Forest mailing address is
City Council Chambers, 100 Civic Center Drive, Lake Forest, California
.
Phone: (949) 461-3400. FAX (949) 461-3511
CERTIFICATION: I, Lisa Berglund, City Clerk of the City of Lake Forest, California, hereby certify that the foregoing agenda was posted for public review
at City Hall
on January 12, 2023.
Lisa Berglund
City Clerk
January 17, 2023
LAKE FOREST CITY COUNCIL AGENDA
CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/17/2023
DEPARTMENT: City Manager
SUBJECT:
NEW EMPLOYEE INTRODUCTIONS
RECOMMENDED ACTION(S):
Receive and file a report from the City Manager introducing the newest full-time employee for the City of Lake Forest.
EXECUTIVE SUMMARY:
The City of Lake Forest hired one new employee in the three months preceding the publication of this report. This report summarizes the professional background of the City’s new full-time employee.
Winston Karuga – Code Enforcement Officer
Winston comes to Lake Forest with a range of code enforcement experience, including complex cases of unpermitted sober living houses, illegal marijuana dispensaries, and zoning violations.
Winston was born in Kenya. Then at a young age, he and his family moved to England in the United Kingdom. He lived there until moving to California nine years ago. He attended Leicester (pronounced “Lester”) De Montfort University in England where he received his associate degree in “Housing, Regeneration and Sustainable Communities.” Winston is a keen soccer fan and car enthusiast. In his free time, Winston enjoys traveling.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
None.
Item: 1
7 Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Debra Rose, City Manager
Approved By: Debra Rose, City Manager
Item: 1
8 CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/17/2023
DEPARTMENT: City Clerk
SUBJECT:
MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES
RECOMMENDED ACTION(S):
Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
EXECUTIVE SUMMARY:
California Government Code 36934 allows titles of ordinances and resolutions to be waived.
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
ATTACHMENTS:
None.
Submitted By: Lisa Berglund, MPA, City Clerk
Approved By: Debra Rose, City Manager
Item: 2
9 LAKE FOREST CITY COUNCIL MINUTES DECEMBER 6, 2022
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3 MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST
The Regular Meeting of the City Council of the City of Lake Forest held Tuesday, December 6, 2022, at the Lake Forest City Council Chamber, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:30 p.m.
ROLL CALL: Councilmembers:
Mayor Pro Tem
Mayor:
City Manager:
City Attorney:
City Clerk:
Mark Tettemer
Scott Voigts
Neeki Moatazedi
Doug Cirbo
Robert Pequeño
Debra Rose
Matthew Richardson
Lisa Berglund
CLOSED SESSION: (Item No. 1)
1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(4) NUMBER OF POTENTIAL CASES: 1 ACTION: Closed session was conducted.
RECESS: City Council recessed to Closed Session for the purpose of conducting regular City business.
RECONVENE: At 6:30 p.m. City Council reconvened to continue regular City business.
PUBLIC SESSION:
INVOCATION: The Invocation was provided by Brother Scott Fairbanks of The Church of Jesus Christ of Latter-Day Saints.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Council Member Mark Tettemer.
CLOSED SESSION REPORT: City Attorney Richardson reported that the City Council provided direction to initiate litigation involving an illegal business. He further reported that additional details can be made available once litigation has formally commenced.
Public comment was received from Andrew O’Connor. Mr. O’Connor asked for the City Attorney to repeat his report. Mr. O’Connor expressed his concern about closed session meetings and insufficient reporting of closed session matters. He further questioned why the City Council continues to work with Best, Best and Krieger.
Item: 3
10 LAKE FOREST CITY COUNCIL MINUTES DECEMBER 6, 2022
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3 REPORT FROM STUDENT LIAISON: A verbal report was received from Sam Quimbao, Student Liaison from El Toro High School.
CEREMONIAL: (Items Nos. 2-6)
2. RESOLUTION CERTIFYING THE NOVEMBER 8, 2022, ELECTION ACTION: A Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING
THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW
City Clerk Berglund provided a presentation on Item no. 2. She explained that a final version of the resolution was presented in-person, replacing the draft resolution that was made available during the posting of the agenda. The final resolution that was presented in-person included the final number of votes received in each contest.
MOTION: Council Member Voigts made a motion to approve Items 2-6 on the City Council agenda. The motion was seconded by Mayor Pro Tem Cirbo. The motion passed 5/0.
After the vote Council Member Moatazedi exited the City Council meeting.
3. INSTALLATION AND OATH OF OFFICE CEREMONY
ACTION: The Oath of Office was administered to the newly elected City Council Members and the newly elected Council Members were seated on the dais.
4. COMMENTS BY INCOMING COUNCIL MEMBER-ELECT MARK TETTEMER, DISTRICT 4
Public comment was received from Andrew O’Connor. Mr. O’Connor criticized Council Member Tettemer’s decisions during his term in office including his vote on the The Arbors improvements, the new cobblestone at the Sports Park, Council Member Voigts settlement with the City and the Kidder Mathews contract.
ACTION: Comments were received from Council Member Tettemer.
5. COMMENTS BY INCOMING COUNCIL MEMBER-ELECT SCOTT VOIGTS, DISTRICT 3
Public comment was received from Andrew O’Connor and Randy Johnson. Mr.
O’Connor reminded the public that Council Member Voigts sued the City for $500,000 for an accident that occurred in Pittsford Park. He stated Council Item: 3
11 LAKE FOREST CITY COUNCIL MINUTES DECEMBER 6, 2022
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3 Member Voigts changed boundaries for District 2 to allow Suzy Betz to run for that Council District.
Mr. O’Connor questioned Council Member Voigts accepting campaign contributions from donors that do business with the City and questioned his need for raising funds since he ran unopposed.
Randy Johnson shared a copy of Council Member Voigts ethics pledge with the City Council. He spoke critically about Council Member Voigts for allowing marijuana testing in the City. Mr. Johnson spoke critically about Council Member Voigts for not being forthcoming about his lawsuit against the City. Mr. Johnson spoke critically about Council Member Voigts’ for advocating that the City join the Orange County Powers Authority.
ACTION: Comments were received from Council Member Scott Voigts. 6:57 p.m. Mayor Pequeno called for a short recess.
7:00 p.m. Mayor Pequeno reconvened the meeting.
6. COMMENTS BY INCOMING COUNCIL MEMBER-ELECT BENJAMIN YU, DISTRICT 2
Public comment was received from Andrew O’Connor. Mr. O’Connor stated that Council Member Yu approved The Meadows development during his term as a Traffic Commissioner. Mr. O’Connor mentioned that traffic on Bake Parkway has increased already and The Meadows units are not yet fully occupied.
Mr. O’Connor inquired what type of small business Council Member Yu owns and how many individuals he employs. Mr. O’Connor inquired about Council Member Yu’s military service and which years he served. Mr. O’Connor spoke critically about Council Member Yu enrolling his child in a private school. Mr.
O’Connor questioned and criticized the campaign donors listed on his campaign forms. Mr. O’Connor accused Council Member Yu of breaking his oath.
At 6:55 p.m. Mayor Pequeño called for a brief recess.
At 7:00 p.m. Mayor Pequeño reconvened the meeting.
ACTION: Comments were received from Council Member Benjamin Yu. 7:05 p.m. Mayor Pequeno called for a short recess.
7:12 p.m. Mayor Pequeno reconvened the meeting.
PRESENTATIONS: (Items Nos. 7-8)
Item: 3
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3 MOTION: It was moved by Council Member Tettemer and seconded by Council Member Voigts to approve Presentation Item Nos. 7-8. The motion was carried by a vote of 5/0.
7. CONSIDERATION OF A PRESENTATION FROM THE TRANSPORTATION
CORRIDOR AGENCIES
ACTION: The presentation was received from David Matza, Deputy Director of Government Relations from the Transportation Corridor Agencies.
8. RECOGNITION OF THE 2022 CHAMPION SPONSOR, EAGLE COMMUNITY CREDIT UNION, AND PRESENTATION OF THE 2023 SPECIAL EVENTS
SPONSORSHIP OPPORTUNITIES PACKET
ACTION: City Manager Rose introduced this item and invited Management Analyst Nicole Houston to provide a presentation on this item. The presentation was received by the Mayor and Council on the special events sponsorship opportunity program. Eagle Community Credit Union was recognized as the 2022 Champion special events sponsor.
PUBLIC COMMENTS:
Marzee requested the City Council condemn the violence perpetrated by the government of Iran.
Henny Abraham requested the City Council condemn the violence perpetrated by the government of Iran.
Nila requested the City Council condemn the violence perpetrated by the government of Iran.
Mona requested the City Council condemn the violence perpetrated by the government of Iran.
Rose requested the City Council condemn the violence perpetrated by the government of Iran.
Maryam requested the City Council condemn the violence perpetrated by the government of Iran.
Mahsa Townsend requested the City Council condemn the violence perpetrated by the government of Iran.
Robert Holtzclaw requested that the City Council support the speakers condemning the government of Iran. He congratulated Council Member Benjamin Yu in his election. He congratulated Doug Cirbo on serving as Lake Forest’s Mayor next year. He requested that the City change the designation of the Portola Park grassy soccer field to a grassy recreation field.
Item: 3
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3 Andrew O’Connor criticized Council Member Voigts for attempting to discredit previous City Council Member Nick. He criticized Mayor Pequeño’s leadership during his term as Mayor. He criticized Council Member Cirbo for his lack of leadership related to the contaminated soil in Portola Hills community.
Parker Butterfield requested that the City Council support the speakers condemning the government of Iran. He reported he is witnessing individuals sleeping in their vehicles at parks and at the Foothill Library. He requested the City Council support law enforcement to curb homelessness by enforcing Chapter 13 of Lake Forest Municipal Code.
Farhad Mafie requested the City Council condemn the violence perpetrated by the government of Iran.
Randy Johnson questioned the accuracy of the October 18, 2022, City Council meeting minutes. He requested a clarification from the City Attorney as to the legal requirements of City Council directives being listed in the meeting minutes.
CONSENT CALENDAR: (Item Nos. 9 - 18)
Council Member Yu requested to speak on Item Nos. 15, 17 and 18.
MOTION: It was moved by Council Member Voigts to approve the consent calendar.
Mayor Pequeño voiced his abstention to Item No. 10. City Clerk Berglund clarified that the title of Item No. 10 should be listed as November 15, 2022, instead of November 1, 2022.
STATEMENT READ IN TO THE RECORDS:
Council Member Voigts read the following statement in to the record: There are warrants on the register to the County of Orange. I am an employee of the County of Orange, but I do not work for the department that generated the warrants. Because the County of Orange is a public agency and because I do not work for the department in question, I have determined that I have a non-interest in these warrants and will vote on this item.
Council Member Tettemer thanked the members of the Orange County Fire Authority for assisting him.
Mayor Pro Tem Cirbo read the following statement in to the record: There are warrants on the register to All City Management Services. My wife is an employee of the ACMS and I have determined that I have a remote interest in these warrants and will abstain from voting on the warrants.
Council Member Voigts addressed the public speakers in the audience that spoke out about the violence in Iran. He announced that he will request a consensus item at the end of the meeting to address the violence in Iran.
Item: 3
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3 Council Comment on Item No. 15:
Council Member Yu suggested that in the future he would like the City reduce the per unit rate of the refuse collection cost in the City of Lake Forest.
Council Comment on Item No. 17:
Council Member Yu asked if the Flock Camera installation was complete. City Manager Rose indicated that should the City Council approve this item this evening, the installation of cameras at city boundaries is complete and that she does not anticipate adding any additional cameras. Council Member Yu requested consensus for staff to prepare a “Safe Lake Forest” program suggested allowing HOA’s or businesses to voluntarily join this program to place additional cameras in neighborhoods. Council Member Voigts voiced his support.
Council Comment on Item No. 18:
Council Member Yu mentioned that the City Commission schedule details the deployment of the upcoming Commission appointments.
MOTION: It was moved by Council Member Voigts and seconded by Council Member Yu to approve Consent Calendar Item Nos. 9-18 and Item No. 1 on the Housing Authority agenda. The motion was carried by a vote of 5/0 with Mayor Pequeño abstaining from Item No. 10, Mayor Pro Tem Cirbo abstaining from the ACMS warrant.
9. MOTION TO WAIVE RESOLUTIONS OF RESOLUTIONS AND ORDINANCES ACTION: Said Ordinances and Resolutions appearing on the public agenda were determined to have been read by title and further reading was waived.
10. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 15, 2022
ACTION: The minutes were approved as submitted.
11. MONTHLY TREASURER'S REPORT - OCTOBER 2022
ACTION: The Treasurer’s Report was received and filed.
12. CERTIFICATION OF WARRANT REGISTER
ACTION: The warrant register was approved in the amount of $4,581,649.96 as submitted.
13. APPROVAL OF MEASURE M2 EXPENDITURE REPORT
ACTION: A resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST, CALIFORNIA, CONCERNING THE MEASURE Item: 3
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3 M2 EXPENDITURE REPORT FOR THE CITY OF LAKE FOREST was adopted as presented.
14. CONSIDERATION OF THE 2023 CITY MEETING CALENDAR
ACTION: The City Council adopted the 2023 City Meeting calendar as presented.
15. AWARD OF CONTRACT FOR STREET MAINTENANCE AND ENGINEERING
SUPPORT SERVICES
ACTION: An Agreement for Maintenance Services in the amount of $4,850,529.46 was awarded to Charles Abbott & Associates, Inc., of Mission Viejo, California, for Street Maintenance and Engineering Support Services. The Mayor was authorized to sign, and the City Clerk was authorized to attest, the award of contract to Charles Abbott & Associates, Inc., of Mission Viejo, California, substantially in the form presented.
16. AGREEMENTS WITH VONAGE BUSINESS, INC. FOR TELEPHONE
EQUIPMENT AND SERVICES
ACTION: The Second Amendment to the 2019 Agreement with Vonage Business, Inc. for additional Telephone Equipment and Services at the Lake Forest Civic Center was approved. The Agreement with Vonage Business, Inc. for Telephone Equipment and Services at the Lake Forest Civic Center, Sports Park, and the Etnies Skate Park of Lake Forest was approved.
17. SECOND AMENDMENT TO THE AGREEMENT WITH FLOCK GROUP, INC.
ACTION: The additional services agreement with Flock Group, Inc. for automatic license plate reader cameras was approved. The City Manager was authorized to sign, and the City Clerk was authorized to attest, the additional services agreement, substantially in the form presented.
18. CITY COMMISSIONER TERMS EXPIRING IN DECEMBER 2022, AND THE
PROCESS FOR APPOINTING INDIVIDUALS TO THOSE SEATS
ACTION: The staff report was received and filed.
DISCUSSION: (Item Nos. 19-21)
19. STATEMENT OF INVESTMENT POLICY AND INVESTMENT ADVISORY AND
MANAGEMENT SERVICES DISCUSSION
City Manager Rose introduced this item and invited Finance Director Kevin Shirah to provide a presentation on this item. The presentation was received by Item: 3
16 LAKE FOREST CITY COUNCIL MINUTES DECEMBER 6, 2022
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3 the Mayor and Council. City Council Members questions were asked and answered by staff.
MOTION: Council Member Tettemer made a motion to direct staff to revise the City’s Investment Policy to allow all investment opportunities authorized in the Government Code and to further revise the City’s Investment Policy to allow for the use of an investment advisory firm to actively manage the City’s Investment Portfolio. The motion was seconded by Council Member Voigts. The motion passed by a vote of 5/0.
20. CITYWIDE STREET NAME SIGN PROJECT UPDATE
City Manager Rose introduced this item and invited Transportation Manager Tran Tran and Street Maintenance Administrator Justin Kirk to provide a presentation to the City Council. The presentation was received by the Mayor and Council. City Council Members questions were asked and answered by staff.
Council Member Tettemer moved to direct staff to approve the design of neighborhood street name signs and direct staff to proceed with the solicitation of bids for the citywide street name sign project and directed staff to add the replacement of traffic signal street name signs to the citywide street name sign project. The motion was seconded by Mayor Pequeño. The motion passed by a vote of 5/0.
21. ADOPTION OF 2022 CALIFORNIA BUILDING STANDARDS CODES City Manager Rose introduced this item and invited Senior Planner Ron Santos to provide a presentation on this item. The presentation was received by the Mayor and Council.
MOTION: It was moved by Council Member Tettemer to approve staff recommendation and introduce for first reading an Ordinance entitled: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING CHAPTERS 8.02, 8.04, 8.06, 8.12, 8.14, 8.16, 8.18,
8.20, 8.22, 8.24, AND 8.26 OF TITLE 8 OF THE CITY OF LAKE FOREST MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 EDITION OF
THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS, AND DELETIONS; and directed staff to schedule a January 3, 2023, public hearing to adopt the Ordinance, including the provision of the appropriate public hearing notices. Council Member Tettemer’s motion was seconded by Mayor Pequeño. The motion passed by a vote of 5/0.
CITY MANAGERS REPORT: City Manager Rose announced the new community gift card program is open and shared the name of the participating businesses.
Item: 3
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3 CITY COUNCIL COMMENTS:
Council Member Yu: Council Member Yu attended his final Traffic and Parking Commission meeting this month. Also,
Council Member Yu supports Council Member Voigts
request for a resolution condemning the violence
perpetrated by the government of Iran. Consensus
was received.
Council Member Tettemer: Council Member Tettemer attended the holiday lighting. He complemented staff on the organization of
the event. He participated in the Elf Yourself 5k, the
Audit Committee meeting held in November and
attended the business appreciation luncheon.
Council Member Voigts: Council Member Voigts attended the Elf Yourself 5k, the business appreciation luncheon and the Lake
Forest Chamber Christmas mixer at 3rd Place Coffee
Mayor Pro Tem Cirbo: Mayor Pro Tem Cirbo welcomed Council Member Yu.
Mayor Pro Tem Cirbo is looking forward to what’s to
come in the new year.
Mayor Pequeño: Mayor Pequeño welcomed Council Member Yu to the City Council and congratulated Council Member
Tettemer and Voigts on their re-election. He attended
the City’s Christmas Tree Lighting and complimented
staff on the organization of the event. He attended the business appreciation luncheon.
Also, he congratulated the Saddleback College
Women’s Soccer team for winning the State
Championship. Lastly he thanked the City Manager
and staff.
ADJOURNMENT: The regular meeting of the City Council was adjourned at 8:10 p.m.
Respectfully submitted: APPROVED:
LISA BERGLUND, MPA ROBERT PEQUEÑO
CITY CLERK MAYOR
Item: 3
18 LAKE FOREST CITY COUNCIL MINUTES DECEMBER 20, 2022
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2 MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST
The Regular Meeting of the City Council of the City of Lake Forest held Tuesday, December 20, 2022, at the Lake Forest City Council Chamber, 100 Civic Center Drive, Lake Forest, California, was called to order at 6:30 p.m.
ROLL CALL: Councilmembers:
Mayor Pro Tem
Mayor:
Assistant City Manager:
City Attorney:
City Clerk:
Mark Tettemer
Scott Voigts
Benjamin Yu
Doug Cirbo
Robert Pequeño
Keith Neves
Matthew Richardson
Lisa Berglund
PUBLIC SESSION:
INVOCATION: The Invocation was provided by Chaplain John Siu of Orange County Sheriff’s Station.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Mayor Pequeño.
PRESENTATIONS: (Item No. 1-4)
MOTION: It was moved by Council Member Voigts and seconded by Council Member Tettemer to approve presentation items 1-4. The motion passed by a vote of 5/0.
1. RECOGNITION OF THE 2022 LAKE FOREST ACADEMY GRADUATES No public comment was offered on this item.
ACTION: The 2022 Lake Forest Academy graduates were recognized.
2. EMPLOYEE SERVICE AWARDS
No public comment was offered on this item.
ACTION: The 2022 Employee Service Awards were presented.
3. MAYORS AWARD
No public comment was offered on this item.
ACTION: The 2022 Mayor’s Awards were presented.
Item: 4
19 LAKE FOREST CITY COUNCIL MINUTES DECEMBER 20, 2022
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2 4. COMMUNITY GIFT CARD PROGRAM
City Manager Rose introduced this item and invited Assistant to the City Manager Sean McGovern to give a presentation on the city’s community gift card program. The presentation was received by the Mayor and Council. Questions were asked and answered.
Public comment:
Public comment was received by Andrew O’Connor. Mr. O’Connor was critical of the low number of retail establishments participating in the program and the cost associated with implementing the program. He criticized Council Member Voigts and Clean Lake Forest for being members of the Lake Forest Chamber of Commerce. He mentioned that Avila’s El Ranchito has two locations in Lake Forest, however neither are listed as participants. (There is no speaker card on file. Comments were received via remote participation.) ACTION: The presentation of the community gift card program was received and filed.
PUBLIC COMMENTS:
Public comment was received by Andrew O’Connor. Mr. O’Connor reported that the Orange County Board of Supervisors withdrew from the Orange County Power Authority. He stated had the City of Lake Forest joined the Orange County Power Authority the City would have lost our investment. He further criticized Council Member Tettemer for expressing his emotions after being sworn in for a new term during the December 6, 2022 City Council meeting. (There is no speaker card on file. Comments were received via remote participation.)
CONSENT CALENDAR: (Item Nos. 5 - 14)
Council Member Tettemer requested to pull Item No. 6
Council Member Yu requested to pull Item Nos. 6 and 11.
MOTION: It was moved by Council Member Tettemer and seconded by Council Member Voigts to approve Consent Calendar Item Nos. 5, 7-10 and 12-14. The motion was carried by a vote of 5/0.
5. MOTION TO WAIVE RESOLUTIONS OF RESOLUTIONS AND ORDINANCES ACTION: Said Ordinances and Resolutions which appeared on the public agenda were determined to have been read by title and further reading was waived.
Item: 4
20 LAKE FOREST CITY COUNCIL MINUTES DECEMBER 20, 2022
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2 6. CONTINUING TO HOLD VIRTUAL MEETING PURSUANT TO AB 361 Council Member Tettemer requested a presentation from staff on the new legislation related to virtual meetings that is scheduled to commence in January 2023. City Attorney Richardson gave a presentation on AB 2449 that included a summary of the Brown Act. The presentation was received by the Mayor and Council. Council questions were asked and answered. Council Member Yu made a statement opposing the continuation of AB 361.
Council Comment on Item No. 6:
Council Member Yu read a statement into the record expressing his opposition to this item.
Public comment:
Public comment was received by Andrew O’Connor. He stated that AB 361 was abused by the previous Council Member and he opposes Council Members remote participation during City Council meetings. (There is no speaker card on file. Comments were received via remote participation.) ACTION: No motion was offered for this item. City Manager Rose asked the City Council to clarify if that was the intent of the City Council. The City Council affirmed. Since no renewed findings were made that a state of emergency exists, holding virtual meetings pursuant to AB 361 will no longer be in effect.
7. LOCAL APPOINTMENT LIST "MADDY ACT"
ACTION: The City of Lake Forest Local Appointments List was affirmed, as submitted
8. MONTHLY TREASURER’S REPORT – NOVEMBER 2022
ACTION: The Treasurer’s Report was received and filed.
9. ADOPTION OF UPDATED PART-TIME EMPLOYEE CLASSIFICATION PLAN
AND COMPENSATION SCHEDULE
ACTION: A Resolution was adopted entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, ADOPTING A REVISED CLASSIFICATION PLAN AND COMPENSATION SCHEDULE.
10. AGREEMENT WITH EVERBRIDGE TO PROVIDE NIXLE 360 EMERGENCY
COMMUNICATIONS SERVICES
ACTION: A sole-source Master Service Agreement with Everbridge, Inc. was approved for Nixle 360 resident notification services. The City Manager was authorized to sign, and the City Clerk was authorized to attest, the Master Item: 4
21 LAKE FOREST CITY COUNCIL MINUTES DECEMBER 20, 2022
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2 Services Agreement substantially in the form presented and payment for such services was authorized for up to five years.
11. FIRST AMENDMENT TO THE AGREEMENT WITH INTERWEST
CONSULTING GROUP, INC. FOR BUILDING AND SAFETY SERVICES Council Comment on Item No. 11:
Council Member Yu inquired about the need for an increase in compensation to the existing contract. City Manager Rose explained that staff is requesting an amendment to the agreement with Interwest Consulting Group, Inc. because staff underestimated the number of permits that would be pulled within the term of the contract. Due to the extent of building that is occurring in the city additional funds need to be added to the agreement. City Manager Rose further clarified that this increase is not a general fund expenditure because the building permit fees are paid by the applicants.
Public comment:
Public comment was received by Andrew O’Connor. Mr. O’Connor opposes having an outside consult firm operating the City’s building counter. (There is no speaker card on file. Comments were received via remote participation.) Further questions from the City Council were asked and answered.
MOTION: It was moved by Council Member Tettemer and seconded by Council Member Voigts to approve the First Amendment to the Interwest Consulting Group, Inc. Agreement for Building and Safety Services to increase total compensation by $2,240,000 for a total not-to-exceed amount of $5,840,000 and add a new billing rate for overtime building and safety services, which may be requested and funded by an applicant and authorized the Mayor to sign, and authorized the City Clerk to attest, the First Amendment substantially in the form presented. The motion passed by a vote of 5/0.
12. AWARD OF CONTRACT FOR CONTRACT ADMINISTRATION AND
CONSTRUCTION INSPECTION SERVICES – SENIOR CENTER PATIO
SHADE STRUCTURE
ACTION: A professional consultant services agreement was awarded to Transtech Engineers, Inc. with a compensation amount of $69,405 for contract administration and construction inspection services - Senior Center patio shade structure. The Mayor was authorized to sign, and the City Clerk was authorized to attest the agreement substantially in the form presented.
13. UPDATED RECORDS RETENTION SCHEDULE
ACTION: A resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF Item: 4
22 LAKE FOREST CITY COUNCIL MINUTES DECEMBER 20, 2022
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2 THE CITY OF LAKE FOREST, CALIFORNIA, ADOPTING AN UPDATING THE
CITY-WIDE RECORDS RETENTION SCHEDULE FOR THE RETENTION AND
DESTRUCTION OF RECORDS MAINTAINED BY THE CITY AND
RESCINDING RESOLUTION NO. 2016-20 was adopted.
14. CONSIDERATION OF CATALYTIC CONVERTER PROGRAM PARTICIPATION AGREEMENTS AND AN AGREEMENT WITH YIFTEE, INC.
ACTION: It was approved to authorize the City Manager to enter into the proposed Participation Agreements with various local businesses pursuant to the Catalytic Converter Painting & Etching Program and the Catalytic Converter Shield Program Guidelines. The City Manager was authorized to enter into subsequent Participation Agreements with future applicants of the Catalytic Converter Painting & Etching and Catalytic Converter Shield Programs pursuant to the guidelines of each program. It was approved to authorize the City Manager to enter into the proposed Agreement with Yiftee, Inc. to administer an up-front gift card rebate program as part of the Catalytic Converter Shield Program. The proposed changes to the Program Guidelines for the Catalytic Converter Painting & Etching Program and the Catalytic Converter Shield Program were approved.
PUBLIC HEARING: (Item Nos. 15)
15. AUTHORIZATION APPLICATION FOR PERMANENT LOCAL HOUSING
ALLOCATION PROGRAM GRANT AND APPROVAL OF THE PROPOSED
FIVE-YEAR PLAN
Mayor Pequeño opened the public hearing. City Manager Rose introduced this item and invited Senior Management Analyst Adrian Grijalva to give a presentation to the City Council. The presentation was received by the Mayor and Council. No questions were received and there were one public comment on this item.
Public comment:
Public comment was received by Andrew O’Connor. Mr. O’Connor opposes the cost associated with the program. (There is no speaker card on file.
Comments were received via remote participation.)
Mayor Pequeño closed the public hearing
MOTION: Council Member Voigts made a motion to adopt a Resolution entitled:
AUTHORIZING RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE FOREST, CALIFORNIA AUTHORIZING THE APPLICATION AND
ADOPTING THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA)
PLAN FOR THE PLHA PROGRAM and authorize the City Manager to execute the Permanent Local Housing Allocation Program Application, the Permanent Local Housing Allocation Program Standard Agreement, and any subsequent Item: 4
23 LAKE FOREST CITY COUNCIL MINUTES DECEMBER 20, 2022
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2 amendments or modifications related to the Program or grant. Mayor Pro Tem Cirbo seconded the motion. The motion passed by a vote of 5/0.
DISCUSSION: (Item Nos. 16 – 20)
16. GENERAL UPDATE OF POSSIBLE OPTIONS TO ADDRESS IMPACTS
FROM WAREHOUSING AND DISTRIBUTION FACILITY USES IN THE CITY
Public comment:
Public comment was received by Andrew O’Connor. Mr. O’Connor opposes warehouses being built in the city. (There is no speaker card on file. Comments were received via remote participation.)
City Manager Rose introduced Community Development Director Gayle Ackerman to provide a presentation to the City Council. Director Gayle Ackerman provided a verbal report along with a power point presentation to the City Council.
MOTION: Mayor Pequeño made a motion to move staff recommendation.
Council Member Voigts seconded the motion.
City Council discussed ensued. City Council questions were asked and answered by the City Attorney and staff.
Council Member Yu requested an email received from Nicole Graves, related to this matter, be read into the record. City Manager Rose read the email. Council Member Yu requested to table this decision for 30 days. No response was heard from the City Council.
Council Member Tettemer asked for the motion to be restated.
City Manager Rose restated the motion: as direct staff to prepare a zoning ordinance amendment that defines the types of industrial uses that include a warehousing storage/distribution component and potentially identify locations where some types of warehousing/storage/distribution uses are not allowed. If the existing development applications currently on file with the city are within the City’s existing zoning code then those applications should proceed however if those applications are not allowed under the City’s current zoning code then the motion would be to not proceed with those applications.
SUBSTITUTE MOTION: Mayor Pro Tem Cirbo made a substitute motion to direct staff to prepare a zoning ordinance amendment that defines the types of industrial uses that include a warehousing storage/distribution component and potentially identify locations where some types of
warehousing/storage/distribution uses are not allowed, and not to apply any future zoning code amendments to the existing development applications currently on file with the City. Also, direct staff to complete a study of the city’s Item: 4
24 LAKE FOREST CITY COUNCIL MINUTES DECEMBER 20, 2022
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2 industrial areas that analyses existing industrial stock identifies how market trends and new technology may shape future uses, determines the suitability of the existing circulation system to accommodate future uses as a new initiative in the upcoming city strategic plan. Council Member Voigts seconded the motion.
Council Member Tettemer clarified that the substitute motion is to allow the applicants to proceed independent of definition changes and possible study.
Mayor Pro Tem Cirbo confirmed.
The substitute motion passed by a vote of 4/1 with Mayor Pequeño dissenting.
17. PROFESSIONAL SERVICES AGREEMENT FOR INVESTMENT ADVISORY
AND MANAGEMENT SERVICES
Public comment:
Public comment was received by Andrew O’Connor. Mr. O’Connor continued his comments related to Item No. 16 opposing warehouses being built in the city. (There is no speaker card on file. Comments were received via remote participation.)
City Manager Rose introduced Assistant City Manager Keith Neves to provide a presentation to the City Council. Assistant City Manager Neves provided a verbal report along with a power point presentation to the City Council.
MOTION: Council Member Tettemer made a motion to award an Agreement for Professional Services to Chandler Asset Management for Investment Advisory and Management Services and to authorize the Mayor to sign, and authorize the City Clerk to attest, the award of contract to Chandler Asset Management, substantially in the form presented. Council Member Voigts seconded the motion. The motion passed by a vote of 5/0.
18. SELECTION OF MAYOR AND MAYOR PRO TEM FOR THE 2023 CALENDAR YEAR
City Manager Rose introduced this item and provided a brief summary. Mayor Pequeño made a motion to nominate Mayor Pro Tem Cirbo to serve as Mayor for the 2023 calendar year and he nominated Council Member Tettemer to serve as Mayor Pro Tem for the 2023 calendar year. The motion was seconded by Council Member Voigts. The motion passed by a vote of 5/0.
19. RECOGNITION FOR MAYOR PEQUEÑO FOR HIS SERVICE IN 2022 ACTION: Item Nos. 19 and 20 were taken concurrently for action by the City Council. City Manager Rose introduced these items and provided a brief summary. The presentation of the gavel was received by outgoing Mayor Item: 4
25 LAKE FOREST CITY COUNCIL MINUTES DECEMBER 20, 2022
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2 Pequeño and a short video was played summarizing his service as Mayor.
These two items were received and filed by the City Council.
Public comment was received by Andrew O’Connor. Mr. O’Connor criticized Mayor Pequeño on his performance as Mayor over the last year. Mr. O’Connor applauded Mayor Pequeño for voting no on the proposed zoning change related to Item No. 16. (There is no speaker card on file. Comments were received via remote participation.)
20. COMMENT BY OUTGOING MAYOR
MOTION: Outgoing comments were received by Mayor Pequeño.
CITY MANAGERS REPORT: City Manager Rose thanked Mayor Pequeño for his service and congratulated Mayor Pro Cirbo on being selected to serve as Mayor in 2023. City Manager Rose wished the City of Lake Forest a Happy 31st Birthday.
CITY COUNCIL COMMENTS:
Council Member Tettemer: Council Member Tettemer thanked Mayor Pequeño for his year of service and congratulated Mayor Pro Cirbo
on being selected to serve as Mayor in 2023.
Council Member Voigts: Council Member Voigts complimented Mayor Pequeño for his year serving as Mayor and congratulated Mayor
Pro Cirbo on being selected to serve as Mayor in
2023. He wished the residents of Lake Forest Happy
Holidays and a Happy New Year.
Council Member Yu: Council Member Yu complimented Mayor Pequeño for his year serving as Mayor. He congratulated Mayor
Pro Cirbo on being selected to serve as Mayor, and
Council Member Tettemer on being selected to serve
as Mayor Pro Tem in 2023. He wished the residents of
Lake Forest a Merry Christmas and a Happy New
Year.
Mayor Pro Tem Cirbo: Mayor Pro Tem Cirbo expressed his enthusiasm to serve as the City’s Mayor in 2023. He wished
everyone a Merry Christmas.
Mayor Pequeño: Mayor Pequeño attended a ribbon cutting for Advantest and held a leadership breakfast honoring
the city volunteers. He met with the new pastor, Andy
Wood at Saddleback Church. He attended the CERT
holiday mixer and Wreaths Across America where
they place wreathes on the graves of veterans.
Item: 4
26 LAKE FOREST CITY COUNCIL MINUTES DECEMBER 20, 2022
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2 Mayor Pequeño requested consensus for an item to
be brought back to the City Council for consideration
to be part of the funding of some of the wreaths.
Consensus was received.
Mayor Pequeño also attended the AfriGala in Lake
Forest. The organizer is an opera singer named Abi
Koya. She is hosting a Christmas Opera in Beverly
Hills on December 22, 2022. It is a fundraising event
to raise funds for the education of African women.
He also attended the 50th anniversary event for Boy
Scout Troop 628.
ADJOURNMENT: The regular meeting of the City Council was adjourned at 9:06 p.m.
Respectfully submitted: APPROVED:
LISA BERGLUND, MPA ROBERT PEQUEÑO
CITY CLERK MAYOR
Item: 4
27 CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/17/2023
DEPARTMENT: Community Development
SUBJECT:
GRANT AGREEMENT WITH AGE WELL SENIOR SERVICES FOR CDBG-CV
FUNDING ASSISTANCE TO PURCHASE AN ADA-COMPLIANT VAN FOR
SENIOR RESIDENT TRANSPORTATION
RECOMMENDED ACTION(S):
1. Approve an Agreement with Age Well Senior Services, Inc. providing for an award of $33,500 of Community Development Block Grant - Coronavirus funds to assist with the purchase of an ADA-compliant van for senior transportation services in response to the COVID-19 pandemic and find that the Agreement is not a project subject to CEQA pursuant to State CEQA Guidelines section 15378, and even if it is a project, then the action is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3).
2. Authorize the Mayor to execute and the City Clerk to attest to the agreement with Age Well Senior Services, Inc., substantially in the form attached.
EXECUTIVE SUMMARY:
Staff recommends the City Council approve the attached Grant Agreement (”Agreement”) (Attachment 1) between the City and Age Well Senior Services, Inc. (“Age Well”), a Lake Forest-based non-profit organization. The Agreement provides for the award of $33,500 of Community Development Block Grant – Coronavirus (“CDBG-CV”) funds to assist Age Well with purchasing an Americans with Disabilities Act ("ADA") compliant and wheelchair-accessible van. Pursuant to the Agreement, the van would be used to transport Lake Forest seniors to and from medical appointments at Orange County clinics/hospitals and the Veterans Administration hospital in Long Beach. The transportation services would be operated by Age Well independently of any City-provided service.
CDBG-CV, the source of funding for the Agreement, was allocated to the City by the United States Department of Housing and Urban Development ("HUD") for the purpose of preparing, preventing, and responding to the COVID-19 pandemic. In total, HUD allocated $862,153 of CDBG-CV funds to the City. The Item: 5
28 City Council subsequently allocated these funds to various public services, programs, and projects as part of the Fiscal Year (“FY”) 2019-20 CDBG Annual Action Plan and subsequent amendments.
On April 5, 2022, the City Council approved the third amendment to the FY 2019- 20 CDBG Annual Action Plan. The amendment included an allocation of CDBG- CV funds to Age Well that is consistent with the attached agreement ($33,500 to assist with purchase of a van). The attached Agreement effectuates this prior City Council action and stipulates all the appropriate requirements and restrictions. City Council approval is required because the term of the Agreement (five year minimum) exceeds the City Manager's signing authority (three years).
BACKGROUND:
CDBG-CV funds totaling $862,153 were allocated to the City pursuant to the Coronavirus Aid, Relief, and Economic Security Act of 2020 (“CARES Act”) for the purpose of preparing, preventing, or responding to the COVID-19 pandemic.
A City-Council CDBG Ad Hoc Committee ("Ad Hoc Committee"), consisting of Councilmember Tettemer, Councilmember Voigts, and staff, was subsequently formed to consider and make recommendations for use of these funds to the City Council. The Ad Hoc Committee recommended, and the City Council subsequently approved (at a noticed public hearing on April 5, 2022), a subrecipient grant of CDBG-CV funds ($33,500) to Age Well, to assist with purchasing a wheelchair accessible van. The van would be used for transporting Lake Forest seniors to and from medical clinics and other essential destinations.
Age Well is a 501(c)(3) Public Benefit Corporation and is the designated contractor for Title III-B Social Services and Title III-C Nutritional Services in south Orange County. Age Well has provided Lake Forest residents with case management services for decades and has been a Lake Forest CDBG subrecipient for many years.
Senior Non-Emergency Medical Transportation Program
Age Well provides safe, efficient, and high-quality door-to-door driver-assisted transportation service. Age Well operates a fleet of 13 buses and 13 accessible minivans and employs 19 drivers. Each Age Well vehicle is equipped with Department of Transportation-approved mobility device securement equipment.
Each vehicle is also equipped with either an access ramp (mini-vans) or power lift (mini-buses). In FY 2018-19, the last non-COVID-19 fiscal year, Age Well provided 41,075 trips for 1,387 clients.
Item: 5
29 DISCUSSION:
The attached draft Agreement (Attachment 1) provides for $33,500 of CDBG-CV funds to be awarded to Age Well to assist with the purchase of a van to be used for transporting Lake Forest seniors to and from medical appointments. The award of funds is consistent with the prior funding allocation approved by the City Council in conjunction with an amendment to the FY 2019-20 CDBG Annual Action Plan on April 5, 2022.
The Agreement includes, insurance, indemnity, and other standard provisions, as well as the following:
•Identifies the National Objectives to be achieved with grant funds, consistent with federal regulations applicable to CDGB-CV; •Stipulates that Age Well's use of the funds is subject to required performance monitoring by the City;
•Establishes a "Purchase Period / Term of Agreement" for use of the funds and the van;
•Stipulates Age Well's obligation to submit "Reimbursement Requests" and the City's obligation with respect to "Disbursement of Funds"; •Specifies allowed uses of the van: respond to the impacts of the COVID- 19 pandemic, meet a National Objective, carry out organizational mission; •Specifies the records and reports Age Well will be required to maintain and submit to the City, including client data; and
•Requires that the van be used to meet a National Objective for a minimum of five years or reimbursement of the fair market value.
Age Well intends to leverage the Lake Forest-awarded CDBG-CV funds with grant funds awarded by the Orange County Transportation Authority ("OCTA") to replace seven minivans and two busses in their existing fleet of vehicles. Age Well is negotiating a volume discount for these purchases. Last summer, Age Well obtained a price quote of approximately $80,000 (with tax) for an appropriately modified van. The quote included the cost of modifying the van for ADA compliance (an additional $25,000). The modifications accommodate wheelchairs, wheelchair tiedowns, a ramp, enhanced lighting, a lowered floor, and other features. A brochure depicting an example of the type of van to be acquired is provided as Attachment 2.
Staff recommends the City Council approve the attached draft Agreement with Age Well and authorize the City Manager to enter into the Agreement on behalf of the City. The Agreement was prepared by the City Attorney.
Item: 5
30 Environmental Review:
Section 15378(a) of the State CEQA Guidelines defines a project as an activity that “has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” Here, the approval of an agreement to provide funding to a non- profit organization to assist it with purchasing a van will not result in any physical changes in the environment. Accordingly, it is not a “project” subject to CEQA. (State CEQA Guidelines, § 15060(c).) In addition, Section 15378 explicitly excludes from its definition of “project” the following: “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, § 15378(b)(5).) The approval of an agreement to provide funds to a non-profit organization constitutes an administrative activity that will not result in a physical change in the environment, and it therefore is not subject to CEQA. Even if the activity is considered a “project” subject to CEQA, it is exempt under the “common sense exemption” set forth in State CEQA Guidelines section 15061(b)(3), which provides that an activity is not subject to CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Here, the approval of an agreement to provide funds to a non-profit merely constitutes an administrative activity that will not result in direct or indirect physical changes in the environment. Thus, it is not subject to CEQA.
FISCAL IMPACT:
Funding for the CDBG-CV Program is provided by HUD. As outlined in the 2021-23 Operating Budget, appropriations subject to approval by the City Council for FY 2022-23 will include expenditures consistent with the approved and amended FY 2019-20 CDBG Annual Action Plan.
ATTACHMENTS:
1. Draft Agreement with Age Well Senior Services
2. Brochure of Potential Van to be Acquired
Initiated By: Ron Santos, Senior Planner
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
Item: 5
31 ATTACHMENT 1
Item: 5
32 55136.00400\40919621.1
GRANT AGREEMENT BETWEEN
THE CITY OF LAKE FOREST
AND
AGE WELL SENIOR SERVICES, INC.
(Federal Grant No. B-20-MW-06-0584)
CFDA 14.218
COMMUNITY DEVELOPMENT BLOCK GRANT – CORONAVIRUS
(CDBG-CV) FUNDS
THIS GRANT AGREEMENT (the “Agreement”) is made and entered into as of this 1st day of July 2022, by and between the CITY OF LAKE FOREST, a general law municipal corporation (the “City”), and AGE WELL SENIOR SERVICES, INC., a non -profit corporation, Federal Tax Number: 93-116- 3563, Unique Entity Identifier (“UEI”): MFFWXC2JA4 (the “Subrecipient”).
The City and the Subrecipient are collectively referred to herein as the “Parties.”
RECITALS
WHEREAS, the City, as a recipient under Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. Section 5301 et seq.) (the “Act”), receives an entitlement Community Development Block Grant annually (“CDBG funds”) from the United States D epartment of Housing and Urban Development (“HUD”); and
WHEREAS, on March 27, 2020, the President of the United States signed H.R. 748, known as the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act provides an additional $5 billion of Community Development Block Grant – Coronavirus (“CDBG-CV”) funds to rapidly prepare, prevent, and respond to the coronavirus pandemic; and WHEREAS, on April 2, 2020, the Department of Housing and Urban Development ( “HUD”) notified the City that it h ad allocated $302,281 in “Round 1” CDBG-CV funds to the City; and
WHEREAS, on September 11, 2020, the Department of Housing and Urban Development (“HUD”) notified the City that it had allocated $559,872 in CDBG-CV “Round Three” funds to the City (Round 2 funds were allocated to counties). According to HUD, the City may use the funds for a range of CDBG-eligible activities that prevent, prepare for, and respond to the spread of infectious diseases, such as the coronavirus; and
WHEREAS, on April 5 , 2022, the City Council approved the Third Amendment to the Program Year 2019 Annual Action Plan, allocated DocuSign Envelope ID: BC42C693-1DD4-4677-BCA6-5C78C004232E Item: 5
33 55136.00400\40919621.1
CDBG-CV3 Subrecipient Contract
Age Well Senior Services (Van Purchase)
CDBG-CV funds to Coronavirus response activities, and authorized funding to Subrecipient in the amount of $33,500 to assist with the purchase of an ADA-compliant van for senior transportation in response to the coronavirus pandemic (the “Van”); and
WHEREAS, according to federal regulations (24 CFR 570.503), before disbursing any CDBG funds to a subrecipient, a written agreement shall be signed by the recipient and subrecipient; and
WHEREAS, the Subrecipient’s participation in the programs funded by the Act complies with all applicable federal laws, regulations , and executive orders; and
WHEREAS, any environmental clearances required to be obtained prior to the City’s release of CDBG-CV funds to the Subrecipient have been obtained.
NOW, THEREFORE, in consideration of these recitals, which are hereby fully incorporated into this Agreement, and the m utual covenants contained herein, the City and the Subrecipient agree as follows:
1. GRANT AMOUNT AND STATEMENT OF WORK
A. Scope of Services
Program Delivery
The City has allocated CDBG -CV funds to the Subrecipient in the maximum aggregate amount of Thirty-three Thousand Five Hundred Dollars ($33,500.00) (“Grant Funds”) to be used for eligible program costs associated with transportation services for seniors in response to the impacts of the coronavirus pandemic (“Services”), as further detailed in Attachment 1 (the “Scope of Work”).
Eligible program costs include assistance with the purchase of an ADA-compliant van (the “Van”) to assist eligible households that have been impacted by the coronavirus pandemic.
General Administration
The administrative offices of the Subrecipient are located at 23101 Lake Center Drive, Suite 325 , Lake Forest , CA 92630. General administration services to be performed by the Subrecipient in support of the services noted above include, but are not limite d to, the DocuSign Envelope ID: BC42C693-1DD4-4677-BCA6-5C78C004232E Item: 5
34 55136.00400\40919621.1
CDBG-CV3 Subrecipient Contract
Age Well Senior Services (Van Purchase)
preparation of reports and documents required by HUD in connection with CDBG-CV funds.
Eligible administrative costs include salaries, wages, and related costs of the Subrecipient’s staff for program coordination and implementation.
Budget
The Subrecipient may request to draw down on the Grant Funds as outlined in Attachment 1 , unless receipts and appropriate documentation can be provided to, and approved by, the City indicating the need to draw down on funds earlier.
National Objectives
The Subrecipient certifies that the activities carried out with Grant Funds provided by the City to the Subrecipient under this Agreement, including but not limited to all activities in which the Van is used during its useful lifespan, will meet one or more of the National Objectives set forth at 24 CFR Part 570.208 and incorporated herein by reference to: 1) benefit low/moderate income persons, 2) aid in the prevention or elimination of slums or blight, or 3) meet community development needs having a particu lar urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. The Subrecipient will at all times meet any applicable additional requirements set forth at 24 CFR Part 570.208(d).
B. Performance Monitoring
The City will monitor the performance of the Subrecipient against goals and performance standards required herein or by HUD in connection with CDBG -CV funds. Substandard performance, as determined by the City in its sole discretion, will constitute non - compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time, but no later than 90 days, after b eing notified by the City, the City may suspend any pending disbursements of Grant Funds or may, in its sole discretion, terminate this Agreement in the manner provided herein.
2. PURCHASE PERIOD / TERM OF AGREEMENT
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The Subrecipient shall purchase the Van on or before the 30th day of June, 2023 (the “ Purchase Period ”), unless extended by mutual agreement based on HUD guidance or regulations. This Agreement shall expire on the date the City remits the last reimbursement payment to the Subrecipient pursuant to this Agreement or on June 30, 2023, whichever is later (the “Expiration Date”); provided that the Subrecipient’s obligation to comply with the provisions of the Act shall remain in effect as long as the Subrecipient shall retain any Program Income (as defined in Paragraph 4, below) or as long as any other obligation of the Subrecipient under the Act remains unfulfilled, at the discretion of HUD or the City.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety before the conclusion of the Purchase Period.
If the Subrecipient d oes not expend all funds by the end of the Purchase Period, the City will have no further obligation to disburse Grant Funds to the Subrecipient under this Agreement and may reallocate CDBG funds not yet drawn to another eligible project and/or recipient.
3. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG -CV funds for administrative and program costs related to the purchase of the Van.
The City has no obligation to reimburse the Subrecipient for any expenses incurred outside the Purchase Period . In addition, the aggregate amount of the reimbursements paid to the
Subrecipient shall not exceed the allocated Grant Funds.
The Subrecipient shall submit a “Reimbursement Request” to the City to request reimbursement for costs related to the provision of the Services. Each Reimbursement Request shall include , without limitation, documentation to verify that the expenditure of funds is consistent with the Scope of Work, as approved by the City. Prior to approving a Reimbursement Request, the City will verify that the Subrecipient has met all applicable CDBG and CDBG-CV regulations.
The City shall not provide any payments or reimbursements in advance of actual expenditures by the Subrecipient nor for any expenditures unrelated to the Services . Funding is contingent upon the City receiving its allocation of CDBG-CV funds from HUD.
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Payroll records, purchase agreements, receipts and paid invoices including an itemized statement of all costs are samples of appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements on a quarterly basis after this Agreement is fully executed by the Subrecipient and the City , and until the Expiration Date, or any amended Expiration Date, of this Agreement.
4. PROGRAM INCOME; USE OF THE VAN
The Subrecipient shall report to the City any interest or other income earned by the Subrecipient as a direct result of the use of CDBG -CV funds in connection with any activities described in 24 CFR Part 570.500(a)(1) incorporated herein by refer ence and attached hereto in Attachment 2 (“Program Income”). All Program Income may be retained by the Subrecipient to be used in connection with the Services (i.e., the provision of transportation to assist eligible households that have been impacted by the coronavirus pandemic).
Program Income retained by the Subrecipient must be expended before additional funds are requested from the City. When the Subrecipient retains Program Income, transfers of CDBG -CV funds from the Cit y to the Subrecipient shall be adjusted according to 24 CFR 570.504(b)(2)(i) and (ii) incorporated herein by reference and included in Attachment 2 . Any Program Income not used in connection with the Services, whether on hand when this Agreement expires or received by the Subrecipient after the Expiration Date, shall be remitted by the Subrecipient to the City in accordance with the provisions of 24 CFR 570.503(b)(3). The requirements for disposition of Program Income are set forth at 24 CFR Part 570.504( c) which is incorporated herein by reference and included in Attachment 2.
The Subrecipient shall use the Van to perform the Services as they may reasonably change from time to time , respond to the impacts of the coronavirus pandemic, meet a National CDBG Objective, or otherwise carry out its organizational mission , whether inside or DocuSign Envelope ID: BC42C693-1DD4-4677-BCA6-5C78C004232E Item: 5
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outside the City . The Subrecipient shall not use, nor permit any person to use, the Van for any other purpose.
If the Subrecipient sells or otherwise disposes of the Van during its useful life, the proceeds or consideration of such sale or disposition shall be treated as Program Income.
5. NOTICES
Communication and details concerning this Agreement shall be directed to the following Agreement representatives:
CITY:
City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
Attn.: Gayle Ackerman, Community Development Director
SUBRECIPIENT:
Age Well Senior Services
23101 Lake Center Drive, Suite 325
Lake Forest, CA 92630
Attn.: Steven Moyer, CEO
6. LABOR, MATERIALS , AND SUPPLIES ; ASSOCIATED VEHICLE
EXPENSES
The Subrecipient shall furnish all labor, materials and supplies and bear all expenses necessary to provide the Services as outlined in this Agreement. Under this Agreement, the City’s only financial obligation to the Subrecipient is to disburse Grant Funds as allocated by the City to the Subrecipient under this Agreement.
Beyond providing the Grant Funds for the Services and program, City shall have no other responsibility and/or liability relating to the Van and its use. Subrecipient is solely responsible and liable for the selection and purchase of the Van as well as its use and upkeep.
Subrecipient shall bear all costs and responsibility associated with the Van, including but not limited to its registration, insurance, and DocuSign Envelope ID: BC42C693-1DD4-4677-BCA6-5C78C004232E Item: 5
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maintenance. Subrecipient shall solely be responsible and liable for purchasing and operating the Van and any damages caused by the Van and/or its operation, including, without limitation any negligent or willful misconduct related thereto.
7. RECORDS AND REPORTS
The Subrecipient shall, at minimum, maintain the following records and reports to assist the City in complying with its record keeping requirements:
a) Documentation of the income level, ethnicity, and age of all persons and/or households participating in or benefiting from the Services;
b) Documentation of the number of persons and/or households participating in or benefiting from the Services;
c) Documentation of the impact of the coronavirus pandemic on the assisted household a nd that no other financial
resource is available to provide assistance;
d) Documentation of all CDBG-CV funds received from the City; e) Documentation of expenses as identified in the quarterly report and reimbursement requests, including codified timesheets for all Subrecipient staff funded with CDBG-CV;
f) Documentation of how and when a determination was made as to the eligibility status of persons assisted, including evidence that the persons assisted are domiciled within the approved area of service, if any;
g) Documentation of compliance with any applicable Equal Employment Opportunity guidelines and evidence of any
actions undertaken by the Subrecipient to ensure equal
employment opportunities to all persons; and
h) Any such other related records as the City shall require or as are necessary pursuant to 24 CFR 570.506.
The Subrecipient shall submit “Quarterly Reports” during the term of this Agreement, within thirty (30) calendar days of the end of each quarter. The first Quarterly Report is due on or before Octob er 15, DocuSign Envelope ID: BC42C693-1DD4-4677-BCA6-5C78C004232E Item: 5
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2022 and the final Quarterly Report is due no later than July 15, 2023.
Each Quarterly Report must include sufficient information to assist the City in monitoring the Subrecipient’s performance under the terms of this Agreement. The Subrecipient m ust submit its Quarterly Report and demonstrate satisfactory performance, at the sole discretion of the City, prior to reimbursement for expenditures under a Reimbursement Request.
The Subrecipient shall maintain separate accounting records for the CDBG-CV funds provided by the City. The City, HUD, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to all books, documents, papers and records maintained by the Subrecipient in connection with the Services for the purpose of audit, examination, excerpts and transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain all financial records, supporting documents , and statistical reports related to the project identified under th is Agreement until June 30, 2028. All records subject to an audit finding must be retained for five (5) years from the date the finding is made or until the finding has been cleared by appropriate officials and the Subrecipient has been given official written notice, whichever is later.
8. SINGLE AUDIT REQUIREMENT
If the Subrecipient receives more than Seven Hundred Fifty Thousand Dollars ($750,000.00) in total federal funds in one fiscal year from the City and/or any other city or agency, the Subrecipient is required to submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall be required to submit to the City, a comprehensive financial audit prepared by an independent, neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for the Purchase Period, and shall be submitted to the City not later than one year after the Expiration Date or any amended Expiration Date.
The City shall have the right to en sure that necessary corrective actions are made by the Subrecipient for any audit findings pertinent to Subrecipient handling of funding attributable to the CDBG -CV Program. In response to audit deficiencies or other findings of noncompliance with this agr eement, the City may impose additional conditions on the use of the CDBG -CV and CDBG funds to ensure DocuSign Envelope ID: BC42C693-1DD4-4677-BCA6-5C78C004232E Item: 5
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future compliance, or provide training and technical assistance as needed to correct noncompliance.
9. PROGRAM REQUIREMENTS
The Subrecipient shall adhere to t he terms of this Agreement and shall comply with assurances and agreements made by the City to HUD in connection with CDBG-CV funds.
The Subrecipient shall not carry out any of the activities under this Agreement in a manner that results in a prohibited du plication of benefits as defined by the CARES Act. The Subrecipient must comply with HUD’s requirements for duplication of benefits, imposed on the City, which are: CDBG-CV grant funds may not be used to pay costs if another source of financial assistance is available to pay that cost .
The Subrecipient agrees to repay the City any assistance that is determined to be duplicative.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in 24 CFR Part 570.502, incorporated herein by reference and attached to this Agreement as Attachment
3. The Subrecipient shall carry out all activities in compl iance with all Federal laws and regulations as set forth in Subpart K of the Code of Federal Regulations, commencing with 24 CFR Part 570.600, which is incorporated herein by reference as a condition of this Agreement and is included as Attachment 4 , such as labor standards (Davis Bacon Act) and fair housing requirements of the CDBG Program Regulations, except that:
a) The Subrecipient will not assume the City’s environmental responsibilities as described in Section 570.604; and
The Subrecipient will not assume the City’s responsibility for initiating the review process required under the provisions of 24 CFR Part 52.
However, the Subrecipient shall comply with all Federal regulations related to the purchase of tangible personal property acquired with CDBG-CV funds, including but not limited to:
a) Ownership of personal property provisions of 2 CFR
200.313(a), 24 CFR 570.207(b)(1), and 2 CFR 200.439(b); and DocuSign Envelope ID: BC42C693-1DD4-4677-BCA6-5C78C004232E Item: 5
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b) Use and Management of personal property provisions of 2 CFR 200.313(c-d); and
c) Disposition of personal property acquired with CDBG-CV funds of 2 CFR 200.313(e) and 24 CFR 570.502(a)(6).
d) The Subrecipient shall comply with all Federal regulations related to the use of CDBG funds by religious organizations, if applicable to this Agreement and the approved project outlined herein.
10. SECTION 3 COVERED ASSISTANCE
Where the Subrecipient receives CDBG -CV funds for work arising in connection with housing rehabilitation, housing construction, or other public improvements, the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. Section 1701u (“Section 3”) shall apply as follows:
A. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered b y Section 3, shall, to the greatest extent feasible, be directed to low - and very low - income persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD’s regulations in 24 CFR Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’
representative of the contractor’s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number of job titles subject to hire, availability DocuSign Envelope ID: BC42C693-1DD4-4677-BCA6-5C78C004232E Item: 5
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of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provisi on of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.
E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR Part 75.
F. Noncompliance with HUD’s regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default , and debarment or suspension from future HUD assisted contracts.
11. RELIGIOUS ORGANIZATION
The Subrecipient agrees that funds provided under this contract will not be utilized for religious activities or to promote religious interests.
Religious entities may use CDBG-CV funds for secular activities only in accordance with the Federal regulations specified in 24 CFR 570.200(j) as follows:
Constitutional prohibition. The follo wing restrictions and limitations therefore apply to the use of CDBG-CV funds.
(1) CDBG-CV funds may not be used for the acquisition of property or the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures to be used for religious purposes or which will otherwise promote religious interest. This limitation includes the DocuSign Envelope ID: BC42C693-1DD4-4677-BCA6-5C78C004232E Item: 5
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acquisition of property for ownership by primarily religious entities and the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures owned by such entities (except as permitted under paragraph (j) of 24 CFR 5.109 with respect to rehabilitation and under paragraph (j) thereof with respect to repairs undertaken in connection with public services) regardless of the use to be made of the property or structure. Property owned by primarily religious entities may be acquired with CDBG -CV funds at no more than fair market value for the non-religious use.
(i) Organizations that are religious or faith -based are eligible, on the same basis as any other organization, to participate in the CDBG -CV program. Neither the Federal government nor a State or local government receiving funds under CDBG programs shall discriminate against an
organization on the basis of the organization’s religious character or affiliation.
(ii) Organizations that are directly funded under the CDBG - CV program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services funded under this part. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the HUD -funded programs or services.
(iii) A religious organization that participates in the CDBG-CV program will retain its independence from Federal, State, and local governments, and may continue to carry out its missi on, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct CDBG -CV funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other thi ngs, faith-based organizations may use space in their facilities to provide CDBG-CV-funded services, without removing religious art, icons, scriptures, or other religious symbols. In addition, a CDBG-CV-funded religious organization retains its authority over its internal governance, and it may retain religious terms in its organization’s name, select its board members on a religious DocuSign Envelope ID: BC42C693-1DD4-4677-BCA6-5C78C004232E Item: 5
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basis, and include religious references in its organization’s mission statements and other governing documents.
(iv) An organization that participates in the CDBG -CV
program shall not, in providing program assistance,
discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. (v) CDBG-CV funds may not be us ed for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities.
CDBG-CV funds may be used for the acquisition, construction, or rehabilitation of structures only to th e extent that those structures are used for conducting eligible activities under this part. Where a structure is used for both eligible and inherently religious activities, CDBG-CV funds may not exceed the cost of those portions of the acquisition, constr uction, or rehabilitation that are attributable to eligible activities in accordance with the cost of accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG - CV funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG -CV-funded
improvements. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to government-wide regulations governing real property disposition (see 2 CFR 200).
(vi) If a State or local government voluntarily contributes its own funds to supplement federally funded activities, the State or local government has the option to segregate the Federal funds or commin gle them. However, if the funds are
commingled, this section applies to all of the commingled funds.
12. CHANGES IN USE OF FUNDS
Changes in the use of CDBG-CV funds must be approved by the City.
If the Subrecipient desires a change in the use of the CDBG-CV funds following approval of this Agreement, a written request must be submitted to the City. No change in use of the CDBG -CV funds will be permitted by the City without prior formal approval by the City, subject to the provisions of the City’s adopted Cit izen Participation Plan, which is incorporated herein by reference.
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13. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all State and Federal laws regarding nondiscrimination in the provision of services and the equal opportunity employment of personnel.
14. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with 2 CFR 200.338 and 200.339, the City may suspend or terminate this Agreement if it is determined that the Subrecipient has materially failed to comply with any term(s) of the award. The City may also terminate the Agreement for convenience in its sole discretion . Title 2, Sections 200.338 and 200.339 of the Code of Federal Regulations are incorporated herein by reference as provisions of this Agreement and are included as Attachment 5.
15. REVERSION OF ASSETS
Prior to the approval by the City of the final Reimbursement Request, the Subrecipient shall transfer to the City any CDBG -CV funds on hand as of the last day of the Purchase Period and any accounts receivable attributable to the use of CDBG -CV funds. The Subrecipient shall be required to use any real property under the Subrecipient’s control that was acquired or improved in whole or in part with CDBG-CV funds in excess of Twenty-Five Thousand Dollars ($25,000.00) as follows:
a) Used to meet one of the National Objectives in 24 CFR 570.208 until five (5) years after expiration of this Agreement; or, b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less an y portion of the value attributable to expenditures of non -CDBG-CV funds for acquisition or
improvement to the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section.
16. HOLD HARMLESS AND INDEMNITY AGREEMENT
The City, its elected and appointed officials, officers, employees, volunteers, and agents shall not be liable for any claims, liabilities, penalties, fines, judgments, causes of action, or any damage to or loss of any goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or claimed to have been caused DocuSign Envelope ID: BC42C693-1DD4-4677-BCA6-5C78C004232E Item: 5
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by, or resulting from, any intentional or negligent acts, errors , omissions, or other alleged wrongful conduct of the Subrecipient or the Subrecipient’s agent s, employees, or representatives related in any way to this Agreement , the Van, and/or the Subrecipient’s performance of the Services.
The Subrecipient shall defend, indemnify, and hold free and harmless the City and its elected and appointed officials, officers, employees, volunteers, and agents (the “Indemnitees”) against any claims, liabilities, penalties, fines, judgments, causes of action, or any damage to or loss of any goods, properties, or effects of any person whatsoever, for personal injuries or death (collectively, “Claims”) caused by, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors , omissions, or other alleged wrongful conduct of the Subrecipient or the Subrecipient’s agents, employees, or represe ntatives and any cost and/or expense that is incurred by the City on account of this Agreement, the Van, and/or any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications for the project o r facility. For the avoidance of doubt, the Subrecipient’s duty to defend, indemnify and hold free and harmless the Indemnitees includes, but is not limited to, Claims arising in any way from the use, operation, maintenance, or ownership of the Van by any person. The Subrecipient’s obligations under this section shall survive the termination of this Agreement.
17. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this Agreement or any monies due hereunder without the prior written consent of the City.
18. SUCCESSORS OR ASSIGNS
Subject to the provisions of Section 16 of this Agreement , “Hold Harmless and Indemnity Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns.
19. INSURANCE
If the Subrecipient shall receive more than Five Thousand Dollars ($5,000.00) from the City in CDBG -CV funds and/or other funds, the DocuSign Envelope ID: BC42C693-1DD4-4677-BCA6-5C78C004232E Item: 5
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Subrecipient shall obtain and maintain policies of automobile insurance, general liability insurance and a combined policy of worker’s compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of th e City. Such insurable amount shall be not less than One Million Dollars ($1,000,000.00) on a per occurrence basis, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this Agree ment and shall not be canceled without thirty (30) days’ prior written notice to the City sent by certified mail , such notice effective upon receipt.
The City shall be named as an additional insured on these policies.
The Subrecipient shall furnish certif icates of insurance to the City before commencement of work.
20. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of the Subrecipient warrants and represents that he/she has the authority to execute this Agreeme nt on behalf of the Subrecipient and has the authority to bind the Subrecipient to the performance of its obligations hereunder.
21. DRUG-FREE WORKPLACE
21.1 Subrecipient hereby certifies to City that Subrecipient will provide a drug-free workplace by:
a) publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in Subre cipient’s workplace and specifying the actions that will be taken against employees for violations of such prohibition;
b) establishing a drug -free awareness program to inform employees about:
(i) the dangers of drug abuse in the workplace;
(ii) Subrecipient’s policy of maintaining a drug -free
workplace;
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(iii) any available drug counseling, rehabilitation, and employee assistance program; and
(iv) (iv) the penalties that may be imposed upon
employees for drug abuse violations;
c) making it a requirement that each employee to be enga ged in the performance of Services under this Agreement be given a copy of the statement required by subparagraph (a);
d) notifying the employee in the statement required by
subparagraph (a), that as a condition of employment, the employee will:
(i) abide by the terms of this statement; and
(ii) notify Subrecipient of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;
e) notifying City within ten (10) days after receiving notice of a conviction under subparagraph (d)(ii) from an employee or otherwise receiving actual notice of such conviction;
f) imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by 41 U.S.C. 703; and
g) (G) making a good faith effort to continue to maintain a drug- free workplace through implementation of subparagraphs (a), (b), (c), (d), (e), and (f).
21.2 Subrecipient acknowledges and agrees that this Agreement shall be subject to suspension of payment or termination, or both, and Subrecipient shall be subject to suspension or debarment if the City Manager or her official designee determines, in writing, that:
a) Subrecipient has made false certification under Section 21.1; b) Subrecipient violates such certification by failing to carry out the requirements of subparagraphs (a), (b), (c), (d), (e), (f) or (g) of Section 21.1, or
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c) such a number of Subrecipient’s employees have been
convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that Subrecipient has failed to make a good faith effort to provide a drug -free workplace as required by Section 21.1.
22. CLIENT DATA AND OTHER SENSITIVE INFORMATION
The Subrecipient is required to maintain data demonstrating client eligibility for activities provided under this Agreement. Such data may include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of activities provided.
The Subrecipient must comply with 2 CFR §200.303 and take reasonable measures to safeguard protected personally identifiable information, as defined in 2 CFR § 200.82, and other information HUD, the City, or the Subrecipient designates as sensitive or the City or Subrecipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
Protected personally identi fiable information means an individual's first name or first initial and last name in combination with any one or more of types of information, including, but not limited to, social security number, passport number, credit card numbers, clearances, bank numbers, biometrics, date and place of birth, mother's maiden name, criminal, medical and financial records, educational transcripts.
This does not include personally identifiable information that is required by law to be disclosed (2 CFR § 200.82).
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IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as of the day and year first written above.
CITY OF LAKE FOREST, a municipal corporation
___________________________________
Doug Cirbo, Mayor
AGE WELL SENIOR SERVICES, INC.
___________________________________
Steve Moyer, Chief Executive Officer
___________________________________
Jaclyn Svensson, VP of Communications & Operations
ATTEST:
Lisa Berglund, City Clerk
APPROVED AS TO FORM:
Matthew E. Richardson, City Attorney
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ATTACHMENTS
List of Attachments
Attachment 1 - Scope of Work
Attachment 2 - Program Income - 24 CFR Part 570.500(a)(1) - Unused Program Income – 24 CFR Part 570.503(b)(3)
- Transfers of Program Income - 24 CFR Part 570.504(b)(2) - Disposition of Program Income - 24 CFR Part 570.504(c)
Attachment 3 - Uniform Administrative Requirements
- 24 CFR Part 570.502
Attachment 4 - Subpart K of the CDBG Regulations - commencing with - 24 CFR Part 570.600
Attachment 5 - Suspension or Termination of Agreement
- 2 CFR Parts 200.338 and 200.339
DocuSign Envelope ID: BC42C693-1DD4-4677-BCA6-5C78C004232E Item: 5
52 1
Exhibit 1
Attachment 1 - Scope of Work
CITY OF LAKE FOREST
Community Development Block Grant-Coronavirus (CDBG-CV3)
I. Description of Work: Provide a complete description of each activity to be undertaken with CDBG-CV funds during the 12-month contract period including the services to be performed and how the activities will prepare, prevent, or respond to the COVID-19 pandemic. The CDBG-CV grant will support the purchase of a wheelchair accessible van for our Senior Non-Emergency Medical Transportation (SNEMT) program. The vehicle will be used to transport seniors from their homes in Lake Forest to medical appointments throughout Orange County and the VA Hospital in Long Beach. This service removes a major barrier to healthcare by providing affordable, safe, reliable transportation. Seniors who use the service will be able to visit their healthcare providers to maintain their overall health, to receive COVID education, to treat conditions known to be risk factors for COVID, to treat COVID, and to treat post-COVID complications.
Activity: Select one
from the below that
best describes your
program.
Primary Objective: Select
one from the below that
best describes your
program.
Primary Outcome
Measurement: Select one
from the below that best
describes your program.
CDBG National Objective:
Select one national objective
from the list below that will be
addressed by your program.
☒ Senior Service
☐ Youth Service
☐ Homeless Service
☐ Disabled Service
☐ Low/Moderate-
Income Service
☐ Fair Housing
Services
☐ Housing Services
☒ Create a suitable
living environment –
activities that benefit
communities, families, or
individuals by addressing
issues in their living
environment.
☐ Provide decent
affordable housing –
housing activities that
meet individual family or
community needs. This
objective should not be
used for activities where
housing is an element of a
larger effort, e.g.,
transitional housing
.
☐ Create economic
opportunities –
activities related to
economic development,
commercial revitalization,
and job creation.
☒ Availability/Accessibility
– activity that makes services,
infrastructure, housing and/or
shelter available and
accessible. (Note: accessibility
does not refer only to physical
barriers.)
☐ Affordability – activity
provides affordability in a
variety of ways including the
creation or maintenance of
affordable housing, basic
infrastructure hookups, or
services (e.g., transportation or
daycare)
☐ Sustainability – activity
promotes livable or viable
communities and
neighborhoods by providing
services or by removing slums
or blighted areas.
☒ Benefit low/moderate
income persons
☐ Meet community
development needs having
a particular urgency
DocuSign Envelope ID: BC42C693-1DD4-4677-BCA6-5C78C004232E Item: 5
53 2
Exhibit 1
II. Output Measurements: Total number of Lake Forest residents to be served with CDBG-CV funds during the 12-month contract period = 35 Persons
III. Schedule of Performance: Estimate the number of unduplicated Lake Forest residents to be served with CDBG-CV funds during the 12-month contract period per quarter:
Quarter 1: July 1 – September 30 32Persons
Quarter 2: October 1 – December 31 1 Persons
Quarter 3: January 1 – March 31 1 Persons
Quarter 4: April 1 – June 30 1 Persons
Total 35Persons
Provide a "break-down" of the number of Lake Forest residents to be served by the activities listed above.
Each resident obtaining services should only be counted one time even if they receive multiple services. See the example below.
CDBG program regulations regarding the regarding the low- and moderate-income program beneficiaries has not been waived. Program beneficiaries must meet HUD’s current 2020 income limits:
Income Limit
Category
Household Size
1 2 3 4 5 6 7 8
Extremely
Low-Income
(0% - 30%)
$28,500 $32,550 $36,600 $40,650 $43,950 $47,200 $50,450 $53,700 Very Low-
Income Limits
(30.1% - 50%)
$47,450 $54,200 $61,000 $67,750 $73,200 $78,600 $84,050 $89,450 Low-Income
(50.1% - 80%) $75,900 $86,750 $97,600 $108,400 $117,100 $125,750 $134,450 $143,100
SAMPLE PROGRAM SERVICE GOALS
LF Residents Type of Service Provided * If a resident receives multiple services, only count once.
Example: Resident receives food bank, rent & utility assistance - resident only counted once under “Direct Assistance”
20 Phone Referrals
50 Counseling Services
10 Food Bank
5 Direct Financial Assistance (rent, mortgage, utility assistance) 85 TOTAL UNDUPLICATED
Program Service Goals
LF Residents Type of Service Provided * If a resident receives multiple services, only count once. 35 Transportation
35 TOTAL UNDUPLICATED
DocuSign Envelope ID: BC42C693-1DD4-4677-BCA6-5C78C004232E Item: 5
54 3
Exhibit 1
Each program must have at least one activity and one goal. If your program will provide multiple services (e.g. rent assistance and food bank assistance), then each activity should have at least one corresponding goal:
Activity #1 (Provide a complete description of the activity to be undertaken including services to be performed and how the activity will prepare, prevent, or respond to the COVID-19 pandemic).
Purchase of a
wheelchair accessible van for the SNEMT fleet.
Activity #2 (Same as above, if applicable)
Activity #3 (Same as above, if applicable)
Goal #1 (State the goal desired to be achieved through the above activities).
Deployment of van for
transportation of seniors to and from medical appointments for 35 or more Lake Forest seniors annually.
Goal #2 (Same as above, if applicable)
Goal #3 (Same as above, if applicable)
Describe the general administrative services to be performed in support of activities noted above and list the amount of CDBG-CV fu nds (if any) that will be utilized to support these general administrative services.
No CDBG-CV funds will be used for administration; however, Age Well agency management staff will be responsible for securing and documenting proper use of the van and expenditure of grant funds.
IV. Measurement Tool(s): Summarize the program outcomes and how outcomes will be measured, tracked & reported. Age Well will add a wheelchair accessible van to our SNEMT fleet.
DocuSign Envelope ID: BC42C693-1DD4-4677-BCA6-5C78C004232E Item: 5
55 4
Exhibit 1
V. CDBG-CV Program Budget
BUDGET CATEGORY PROPOSED USE OF
CDBG-CV FUNDS
Agency Administration Staff Salaries & Benefits $
Program Staff Salaries & Benefits $
Program Supplies $
Rent/Lease $
Communications $
Utilities $
Professional Services
(Specify) $
Insurance $
Other (Specify)
share of vehicle purchase $33,500
Other (Specify)
$
Other (Specify)
$
Other (Specify)
$
TOTAL $33,500
Invoicing Schedule: Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis:
Quarter 1: July 1 – September 30 $
Quarter 2: October 1 – December 31 $
Quarter 3: January 1 – March 31 $
Quarter 4: April 1 – June 30 $ 33,500.00
Total $ 33,500.00
DocuSign Envelope ID: BC42C693-1DD4-4677-BCA6-5C78C004232E Item: 5
56 5
Exhibit 1
VI. CDBG-CV Funded Personnel: ONLY list personnel that will be paid with CDBG-CV funds and that have been listed as part of the Program Budget.
☒ Not applicable
AGENCY ADMINISTRATION
POSITION TITLE ANNUAL SALARY ANNUAL BENEFITS TOTAL
COMPENSATION
CDBG-CV FUNDS
REQUESTED
% OF TIME POSITION IS
DEDICATED TO LF
CDBG-CV ACTIVITY
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
PROPOSED PROGRAM STAFF
POSITION TITLE ANNUAL SALARY ANNUAL BENEFITS TOTAL
COMPENSATION
CDBG-CV FUNDS
REQUESTED
% OF TIME POSITION IS
DEDICATED TO LF
CDBG-CV ACTIVITY
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
PROPOSED PROGRAM CONTRACT STAFF
POSITION TITLE ANNUAL SALARY ANNUAL BENEFITS TOTAL
COMPENSATION
CDBG-CV FUNDS
REQUESTED
% OF TIME POSITION IS
DEDICATED TO LF
CDBG-CV ACTIVITY
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
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74 ATTACHMENT 2
Item: 5
75 The newest addition to the BraunAbility Commercial fleet is the Chrysler Voyager. The side-entry foldout has all the ADA-compliant features of the Dodge Caravan but with 15% more cabin space for easier maneuverability, more seating positions plus enhanced space at the toe pan to limit wear and tear. The new conversion also features durable rubber plastic compound (TPO) front and rear flares to absorb minor impacts, LED spotlight package for the ramp and cabin and easy access footrest for rear seating.
braunability.com/commercial 800.488.0359
• 15.6% more cabin space vs. Dodge Grand Caravan
• Seating for up to 7 ambulatory*; up to 2 wheelchair positions • Added space at front for wheelchair passenger footrests • Hard-wearing TPO front and rear flares to absorb minor impacts • Reinforced, heavy-duty swing-out ramp and latch
• Enhanced ADA lighting package
Introducing the New Commercial Side-Entry
Built on the Chrysler Voyager
* With optional aftermarket 2nd row 2-passenger folding bench seat Item: 5
76 511269
Voyager Commercial Side-Entry
Dimensions
Door opening usable width A 31.5”
Door opening usable height (at middle of door) B 56”
Interior height at center of vehicle C 60”
Interior height at driver and passenger position D 60” Ramp length E 52”
Ramp width (usable clear opening) F 30”
Ramp angle* G 13.75°
Interior floor length (behind front seat strikers) H 71” Overall interior floor length (flat area) I 98.5”
Interior width at passenger doors (doors closed) J 64” Interior width - ramp (deployed) to optional 2-passenger seat (stowed) K 49” Ground clearance (loaded) @ = GVWR lbs** L 5”
Overall vehicle height (unloaded) M 81”
Ramp capacity 1,000 lbs.G
B C
D
A
L
M
F
E
I
H
JK
D
Ramp capacity 1,000 lbs.G
B C
D
A
L
M
F
E
I
H
JK
D
All dimensions are for reference only
Standard Features
• ADA, FMVSS and CMVSS Compliant
• CARB approved
• 7-passenger vehicle (with optional aftermarket 2nd row 2-passenger folding bench seat)
• Lowered floor from toepan to rear axle
• 60” floor-to-ceiling at center of van*
• 30” wide manual ramp with 1,000 lb capacity and swing out feature for ambulatory access
• Multiple wheelchair securement locations
• One wheelchair securement 4-belt set
• Manual driver and passenger side sliding door providing 56“ vertical opening (ADA compliant), passenger door provides 31-1/2” in width
• Step-and-Roll removable front passenger seat
• 3-passenger bench seat at rear with folding footrest
• Front passenger floor tracks for wheelchair securement, with 60” floor-to-ceiling height
• TPO plastic lower body panels with integrated steps
• Vinyl flooring with 3/8” Plascore underlayment, a
thermoplastic honeycomb panel subfloor
• ADA-compliant park interlock
• ADA-compliant ramp and door entrance lighting
• Priority seat decal and Wheelchair securement location decals • Auxiliary wiring harnesses include fused circuits
• Emergency rear hatch release
• Easy maintenance interior trim package
• 19 gallon OEM fuel tank
Optional Features
• Aftermarket 2nd row 2-passenger folding bench seat
• DOT kit • Marine grade plywood underlayment
• Additional set of tie-down straps
braunability.com/commercial 800.488.0359
Due to manufacturing tolerances both with the OEM vehicle and the conversion components, all dimensions may vary slightly from those shown. * Ramp angle subject to 1.5 degree variance based on chassis trim level and other environmental factors - measured with a 250 lb approximated wheelchair passenger load at the center of the ramp
** 5” clearance between the break-over angle position of the vehicle exhaust pipe and level ground when loaded to capacity Item: 5
77 CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/17/2023
DEPARTMENT: Public Works
SUBJECT:
SUMMARY RELINQUISHMENT OF AN EXCESS PUBLIC SERVICE STORM DRAIN EASEMENT OVER 21141 CAÑADA ROAD PURSUANT TO
CALIFORNIA STREETS & HIGHWAYS CODE SECTIONS 8330, ET SEQ.
RECOMMENDED ACTION(S):
Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA SUMMARILY VACATING A PUBLIC SERVICE STORM DRAIN EASEMENT OVER 21141 CAÑADA ROAD
PURSUANT TO CALIFORNIA STREETS & HIGHWAYS CODE SECTIONS 8330, ET SEQ.
EXECUTIVE SUMMARY:
The City is proposing to vacate an excess public service storm drain easement (”Easement”) over three parcels adjacent to the Emerald Court Apartments (“Emerald Court“). The Easement, originally quitclaimed from the County of Orange to the City, was intended to encompass a concrete drainage channel draining stormwater from Cañada Road. After receiving a claim for damages to a roadway crossing from the owner of Emerald Court, staff determined that the easement and the concrete drainage channel did not align. In November 2022, the City recorded a new drainage easement agreement with the property owner corresponding to the actual location of the channel with the understanding that the misaligned Easement would be vacated. Excess rights-of-way and other public service easements that are superseded by relocation may be summarily vacated by the City pursuant to Streets and Highways Code Section 8333.
Therefore, staff recommends the City Council approve the attached Resolution summarily vacating the Easement (Attachment).
BACKGROUND:
The City inherited certain easements from the County of Orange via a quitclaim deed and assignment recorded in 1999, including the subject Easement. The Easement is a 10-foot-wide easement for storm drain purposes originally dedicated to the County of Orange per Tract No. 12389 in 1986. The easement Item: 6
78 crosses parcels which are owned in fee by WLCO LF PARTNERS (”WLCO”), also the owners of Emerald Court. In early 2020, WLCO filed a claim with the City for erosion damages to a roadway crossing intersecting a concrete drainage channel on Lot 2. Staff subsequently determined that the Easement did not correspond to any existing or future drainage improvements and that it does not serve a public purpose. Per the terms of a settlement agreement, the property owner and the City agreed to record a new drainage easement corresponding to the actual location of the channel and to abandon the misaligned Easement.
DISCUSSION:
The City may summarily vacate an easement when it determines that it is unnecessary for present or future public purposes and that public funds have not been spent on the area within the past five years. The Easement meets these criteria. Pursuant to Streets and Highways Code Section 8333, the City may vacate the easement by adopting the attached Resolution (Attachment).
Attachment 1 includes legal descriptions and depictions of the Easement over Lots 1, 2, and A as Exhibits “A” and “B”.
The Resolution includes findings that the Easement’s vacation is in conformance with the Lake Forest General Plan (Streets and Highways Code Section 8313) and that the vacation is not subject to the California Environmental Quality Act (“CEQA”). The proposed summary vacation is exempt from CEQA pursuant to sections (15060(c)(2) [the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment] and 15060(c)(3) [the activity is not a project as defined in Section 15378] of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this action has no potential for resulting in physical change to the environment, directly or indirectly.
Therefore, no further environmental assessment is required. The Resolution also includes findings that the Easement is being relocated, the easement is excess and of no use to the City, and that no other public utilities are located within the Easement.
The proposed vacation would be effective once the City records the Resolution with the Orange County Clerk/Recorder’s Office. Once effective, the easement area would revert to the underlying property owner and the Easement would be extinguished. Staff recommends approval of the recommended action to ensure that the City meets the obligations of the settlement agreement.
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
Item: 6
79 ATTACHMENT:
Resolution for Summary Vacation
Initiated By: Jonathan Poole, Senior Management Analyst Submitted By: Thomas Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 6
80 Attachment
Item: 6
81 55136.00500\35029670.1
-1-
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE FOREST, CALIFORNIA SUMMARILY
VACATING A PUBLIC SERVICE STORM DRAIN
EASEMENT OVER 21141 CANADA ROAD PURSUANT
TO CALIFORNIA STREETS & HIGHWAYS CODE
SECTIONS 8330, ET SEQ.
WHEREAS, on August 19th, 1986, the Board of Supervisors for the County of Orange (“County”) accepted an easement for storm drain purposes (the “1986 Storm Drain Easement”) over certain lots adjacent to Canada Road as depicted in Tract No. 12389, which was recorded in the Official Records of the County on August 21, 1986 as Instrument No. 86-375822; and
WHEREAS, in September of 1999, the County quitclaimed the 1986 Storm Drain Easement to the City of Lake Forest (“City ”) via that certain “Quitclaim Deed and Assignment” recorded on September 24, 1999 as Instrument No. 19990685797; and WHEREAS, the Emerald Court A partments are locat ed at 2 1141 Canada Road, Lake Forest, CA 92630 (the “Property”); and
WHEREAS, all of the following run across portions of the Property: (a) the 1986 Storm Drain Easement; (b) an access road (“Road”) used by various public utilities/water utility agencies; a nd (
c) a concrete drainage channel (“Channel”) that
drains water off of Canada Road (a City street); and
WHEREAS, in early 2020, a portion of the Road eroded away . T he City subsequently received a claim for damages (“Claim”) from Western National Property Management and WLCO LF Partners, L.P. (collectively, the “Property Owners”) in connection with the damaged Road; and
WHEREAS, while investigating the circumstances surrounding the damaged Road, the City learned that the location of the existing Channel does not align with the location of the 1986 Storm Drain Easement; and
WHEREAS, in fall of 2021, the City and Property Owner entered into a settlement agreement (“Settlement Agreement ”) to resolve the Claim and all other disputes regarding the matter; and
WHEREAS, the Settlement Agreement, among other things, requires the City and Property Owner to prepare and record the necessary documentation to ensure that the City possesses a drainage easement across the Property that corresponds to the location of the Channel; and
Item: 6
82 55136.00500\35029670.1
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WHEREAS, the Property Owner has agreed to grant the City a new storm drain easement that corresponds to the location of the Channel (the “New Storm Drain Easement”); and
WHEREAS, the 1986 Storm Drain Easement qualifies as a “public service easement” under California Streets and Highways Code s ection 8306 as it was dedicated to a public entity (i.e., the County) for storm drain purposes; and WHEREAS, subsection (c) of Streets and Highways Code section 8333 authorizes the City Council to summarily vacate a public service easement where the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public utilities located within the easement; and
WHEREAS, for the reasons set forth herein, the 1986 Storm Drain Easement satisfies the criteria for summary vacation under subsection (c) of Streets and Highways Code section 8333; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE FOREST, DOES HEREBY RESOLVE, AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.
SECTION 2. CE QA. The City Council he reby finds that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) [the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment] and 15060(c)(3) [the activity is not a project as defined in Section 15378] of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this action has no potential for resulting in physical change to the environment, directly or indirectly. Therefore, no further environmental assessment is required.
SECTION 3. G
eneral Plan Consistency. In accordance with Streets and Highways Code section 8313, the City’s vacation of the 1986 Storm Drain Easement is consistent with the City’s General Plan, specifically General Plan Goal PF -5 (Storm Drain System) because the vacation of the easement would not negatively impact the efficiency of the City’s existing storm drain system. Furthermore, in accordance with the General Plan, the existing adjacent public storm drain improvements provide adequate drainage toward permeable surfaces as specified by Public Facilities Element PF -5.3.
Additional improvements in the easement area are n ot necessary to provide the community with an efficient, attractive, and environmentally sound storm drain system.
SECTION 4. R
equired Findings. The City Council hereby finds as follows:
Item: 6
83 55136.00500\35029670.1
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a. This summary vacation of the 1986 Storm Drain Easement is made pursuant to the provisions of Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of th e State of California Streets and Highways Code.
b. In accordance with subsection (c) of Streets and Highways Code section 8333:
i. The 1986 Storm Drain Easement is being relocated— by virtue of the New Storm Drain Easement —to align with the Channel; and
ii. The 1986 Storm Drain Easement i s excess and of no use to the City due to the above mentioned relocation and the fact that it does not overlap with or in any way correspond to the location of the Channel; and
iii. No other public utilities are located within the 1986 Storm Drain Easement.
SECTION 5. Order of Vacation . The City Council hereby summarily orders the vacation of the 1986 Storm Drain Easement and all interests that the City may have therein, as more particularly described in Exhibit “A” and depicted in Exhibit “B,” attached hereto and incorporated herein by reference.
SECTION 6. C lerk Certification; Recordation. The City Clerk shall cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded in the office of the Orange County Clerk Recorder. Pursuant to Streets and Highways Code Section 8336, no fee shall be charged for such re cordation. The City Clerk shall permanently maintain a true and correct copy of this Resolution.
SECTION 7 . E
ffective Date ; Effect of Recordation . This Resolution shall become effective upon its adoption. Upon the recordation required hereby, the vacation is comple te and the 1986 Storm Drain Easement will no longer constitute a public service easement.
PASSED, APPROVED AND ADOPTED this ___ day of ____ 2023.
_________________________________
Doug Cirbo
Mayor
Item: 6
84 55136.00500\35029670.1
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Attest:
________________________
Lisa Berglund
City Clerk
Approved as to Form:
_________________________
Matthew E. Richardson
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. ___ was duly passed and adopted at a regular meeting of the Lake Forest City Counc il on the ____ day of _____ 2023 , by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Lisa Berglund
City Clerk
Item: 6
85 55136.00500\35029670.1
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EXHIBIT “A”
(Legal Description of the 1986 Storm Drain Easement)
Item: 6
86 1986 STORM DRAIN EASEMENT
EXHIBIT "A"
LEGAL DESCRIPTION
STORM DRAIN EASEMENT QUITCLAIM
THAT PARCEL OF LAND IN THE CITY OF LAKE FOREST, COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A PORTION OF LOTS, 1, 2 AND A OF TRACT NO. 12389 AS FILED ON 8/21/1986 IN BOOK 562, PAGES 47- 50 OF MISCELLANEOUS MAPS AND INSTRUMENT NO. 86-375822 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
THAT CERTAIN EASEMENT IDENTIFIED AS A 10' EASEMENT FOR STORM DRAIN PURPOSES DEDICATED TO THE COUNTY OF ORANGE PER SAID TRACT NO. 12389.
MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
DEREK J. McGREGOR, PLS DATE
Page lofl
Item: 6
87 55136.00500\35029670.1
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EXHIBIT “B”
(Depiction of 1986 Storm Drain Easement)
Item: 6
88 Item: 6
89 CITY COUNCIL AGENDA REPORT
MEETING DATE: 01/17/2023
DEPARTMENT: Public Works
SUBJECT:
AWARD OF CONTRACTS FOR ON-CALL GEOTECHNICAL SERVICES
RECOMMENDED ACTION(S):
1. Award a contract in the amount of $150,000 to GMU Geotechnical, Inc. for professional on-call geotechnical services.
2. Award a contract in the amount of $150,000 to LGC Geotechnical, Inc. for professional on-call geotechnical services.
3. Award a contract in the amount of $150,000 to GEOCON West, Inc. for professional on-call geotechnical services.
4. Authorize the Mayor to sign, and the City Clerk to attest to the agreements, substantially in the form attached.
EXECUTIVE SUMMARY:
The City provides geotechnical review of all grading activities utilizing several on- call geotechnical engineering consulting firms. The geotechnical reviews help to ensure that all developer and City grading operations meet generally accepted engineering practices and conforms to the approved project geotechnical report, which provides a significant benefit to the City and future community landowners.
The current on-call geotechnical contracts were approved January 16, 2018, and are set to expire in January 2023.
The City completed a Request for Proposal process and due to anticipated projects in the future, recommends the award of three on-call geotechnical contracts in the amount of $150,000 each to GMU Geotechnical, Inc., LGC Geotechnical, Inc. and GEOCON West, Inc. The award of contracts will provide third-party review of geotechnical testing and construction methods as required.
The contracts will primarily provide on-call, time and materials related geotechnical services related to development projects. The scope of work also includes services related to Capital Improvements Projects (“CIP”) and other emergency needs such as review of slope and drainage conditions, geologic and geotechnical site reconnaissance, and independent review of geological hazard Item: 7
90 areas. All geotechnical work related to private development projects are reimbursed by the developer.
BACKGROUND:
On January 16, 2018, the City Council approved contracts with GMU Geotechnical, Inc., LGC Geotechnical, Inc. and Leighton & Associates for on-call geotechnical services. The term for these contracts was three years with two one-year extensions at the discretion of City Council. During the term of these contracts, the consultants provided third party review of the testing and construction methods used by developers during the rough grading operations on all development projects under construction within the City.
The work that occurred included substantial amounts of earth moving activity in complicated geological areas. The third-party geotechnical review provided by the consultants ensures that all rough grading operations and testing meet generally accepted engineering practices and conforms to the approved project geotechnical report, providing a significant benefit to the City and future community landowners. Additionally, the geotechnical consultants provide on-call geotechnical services reviewing City projects and responding to emergencies, such as potential slope or drainage failures during severe storms.
DISCUSSION:
As with several other on-call services, the City utilizes multiple firms to provide maximum flexibility and redundant services in case a particular firm does not have sufficient resources at the needed time; in cases where they may represent the developer or other agency working in the area; or to provide a second opinion on complex work. As the current On-Call Geotechnical Services contracts are expiring, staff issued an RFP from the Geotechnical Engineering firms on the City’s pre-qualified consultants list.
On June 30, 2022, the City Manager approved a Request for Proposals (“RFP”), authorizing staff to receive proposals for professional engineering on-call geotechnical services. The scope of work authorized by the City Manager included the following:
•Third Party reviews of geotechnical (soils and geology) reports for planned developments
•Geotechnical monitoring during construction of large development projects •Preparation of geotechnical reports for CIP projects, including vertical and underground projects
Item: 7
91 •Materials testing for CIP projects, including utility trench backfill •Review of slope and drainage conditions
•Geologic and geotechnical site reconnaissance
•Independent review of geological hazard areas
•Field exploration, including coring and borings
•Laboratory testing of site soils including maximum dry density, optimum moisture content, R-value, and compaction testing
•Laboratory testing of backfill material, aggregate base, sand bedding •Attendance at pre-construction meetings and field construction meetings as needed
•Batch plant inspection for concrete and asphalt
•Compressive strength testing of concrete
•Testing to determine adequacy of backfill for retaining walls and drainage structures
Following the approval of the RFP, staff identified seventeen pre-qualified consulting firms as potential candidates and solicited proposals from those consultants. Staff received proposals from ten firms listed below:
1. Earth Systems
2. GMU Geotechnical, Inc.
3. Geo-Advantec
4. Koury
5. Leighton Consulting, Inc.
6. LGC Geotechnical, Inc.
7. Petra Geoscience
8. Willdan
9. GEOCON
The Selection Committee approved by the City Manager reviewed the proposals.
The members of the committee included:
•Assistant City Engineer
•Director of Development Services
•Principal Civil Engineer
During the review of the technical proposals, the Selection Committee scored proposals based on criteria described in the RFP. Staff evaluated the proposals using the following criteria:
•Expertise and experience including the firm’s work on comparable engagements, quality of the firm’s personnel assigned to the project, and the quality of the firm’s management support personnel.
Item: 7
92 •Appropriateness of services outlined in the proposal to meet the City’s need.
•Distinguishing features, skills and/or services.
Six firms scored at least a 70-point average minimum score from the combined reviews of the technical proposals. Pursuant to the City’s Contracting and Purchasing Guidelines, the City invited the firms that scored a minimum of 60- point average to the interview phase of the selection process to discuss their respective approaches to the requested services. The results of the technical review and the interview phases are summarized below:
Technical Review Qualifications
Interview
Rater: Rater:
Firm 1 2 3
Technical
Review
Subtotal
(avg) 1 2 3
Interview
Subtotal
GMU 76 100 88 264 (88) 154 151 144 449
LGC Geotech 77 80 91 248 (83) 153 137 142 432
GEOCON 59 90 83 232 (77) 132 132 146 410
Leighton 74 80 90 244 (81) 128 128 137 393
Petra
Geoscience
43 80 77 200 (66) 108 127 129 364
Willdan 55 88 72 215 (71) 94 110 112 316
Koury 42 60 75 177 (59) Not Interviewed
Geo-Advantec 37 70 71 178 (59) Not Interviewed
EarthSystems 47 58 72 177 (59) Not Interviewed
GMU Geotechnical, Inc. (“GMU”) located in Rancho Santa Margarita, LGC Geotechnical, Inc. (“LGC”) located in San Clemente and GEOCON West, Inc. (“GEOCON”) located in Irvine, scored higher than the other consultants based on their well-prepared presentations, excellent examples of similar engagements, and thorough responses to the interview questions. All three firms had knowledge of the type of soils prevalent in Lake Forest. Staff is proposing that the City award on-call contracts to GMU, LGC, and GEOCON. Staff’s recommendation is driven, in part, by the need to ensure the City has access to a geotechnical firm that is independent of the project to be reviewed. By way of example, LGC is the Geotechnical Engineer of Record for the Serrano Summit Project (“Lennar Project”). Consequently, the City would not be able to use LGC to perform a third-party review for this project as LGC would be reviewing its own work. In this situation, one of the other two on-call geotechnical firms would provide the third-party review of the geotechnical work, independently, to ensure the accuracy and completeness of the work.
Item: 7
93 For Geotechnical Services for Capital Improvement Projects, the City requests separate cost proposals from the consultants. The firms base their “not to exceed” cost proposals on the scope of the work, the total number of working days allotted to the contractor, as well as an allocation for pre-construction plan check/constructability review. Awarding three contracts allows the City to retain firms independent from development projects and enables the City flexibility to assign work to the firm with more experience with a specific type of geotechnical investigation. The work performed by the Geotechnical On-call consultants is primarily based on inspection and third-party review of private development. To establish a baseline for a fixed cost proposal, the RFP had each firm submit a cost proposal for third party inspection of a hypothetical development project within the City. These cost proposals were used in the consultant selection process for a “best and final” pricing. Only one firm, Petra Geoscience, submitted a revised best and final proposal.
Staff reviewed the cost proposals from GMU, LGC and GEOCON and found these to be reasonable and comparable. The chart below shows a comparison of the cost proposals for providing third-party geotechnical review for the rough grading of a 25-acre site over a 4-month period.
Firm
Cost
Proposal
Cost
Proposal
Score
Technical
Review
Subtotal
Interview
Subtotal
Total
Score
Rank
GMU $22,264.00 87 264 449 536 1
LGC
Geotech
$28,020.00 69 248 432 501 2
GEOCON $25,885.00 75 232 410 485 3
Willdan $16,090.00 120 215 316 436 4
Leighton $52,938.50 36 244 393 429 5
Petra
Geoscience
$30,070.00 64 200 364 427 6
Staff reviewed the City’s actual prior costs for the On-Call Geotechnical contracts and based on this information, recommends awarding each firm a contract in the not to exceed amount of $150,000. Staff anticipates using the three firms equally throughout the term of the contract. Staff contacted references for each firm and all references provided positive and constructive responses relative to the services provided by these firms (Attachments 1, 2 and 3). The City Attorney prepared the Agreements with GMU (Attachment 4), LGC (Attachment 5), and GEOCON (Attachment 6). All the agreements are for a three-year term with two one-year extensions at the discretion of the City Council. The Agreements will hold the proposed hourly rates for the three-year term. If the City chooses to Item: 7
94 extend the term of the contract past the three-year term, the Consultants will have the opportunity to submit revised hourly rates for approval by City Council.
FISCAL IMPACT:
All geotechnical work related to private development projects is reimbursed by the developer. All geotechnical work related to CIP projects are budgeted in the project line item by the City. Other work performed by the consultants will be budgeted on a case-by-case basis. There is sufficient funding in the current Operating Budget and the CIP to accommodate these expenditures and future budgets will be prepared to request an allocation commensurate with these expenditures.
ATTACHMENTS:
1. GMU Reference Check
2. LGC Reference Check
3. GEOCON Reference Check
4. GMU Agreement
5. LGC Agreement
6. GEOCON Agreement
Initiated By: Douglas Erdman, Assistant City Engineer/Engr. Services Mgr.
Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 7
95 Attachment 1
Item: 7
96 Contact #1: Contact #2: Contact #3:
Agency: La Habra Heights Aliso Viejo Rancho Mission Viejo Project:
Hacienda Road Slope
Repairs CW Pavement Eval Project Los Patrones Parkway
Contact Info: Rafferty Woodridge Quang Le Tyler Holst
Phone: 562-694-6302 949-425-2531 949-240-3363
Email: [email protected] [email protected] [email protected]
QUESTIONS RESPONSE RESPONSE RESPONSE
1. What were the services
performed? Full service geotech.
Citywide Pavement
Evaluation and asphalt
pavement material testing
services
geo invest and
observations
2. How would you rate the quality
of work? Very good. Very good. Very good.
3. How well did they adhere to
budget? Very good. No Issues. Very good.
4.Rate the day-to-day
communication with the firm. Very good. Very Good. Very good.
5. Would you hire the firm again? Yes Yes Yes
6. Do you have any additional
comments or information
regarding your experience with
the firm?
Very professional. Faced
some unknown tasks but
easily grasped those tasks.
None.
Good experience working
with them and stands
behind their work.
CITY OF LAKE FOREST - DEPARTMENT OF PUBLIC WORKS
On Call Geotechnical Services
REFERENCE CHECK
GMU Geotechnical
Item: 7
97 Attachment 2
Item: 7
98 Contact #1: Contact #2: Contact #3:
Agency: City of San Clemente Moulton Niguel Water
District Crystal Cove
Project:
Linda Lane Sewer Lift
Station
Operations Center
Consolidation &
Improvements
Crystal Cove Cottage
Foundation Restorations
Contact Info: Dave Rebensdorf David Larsen Randy Gamache Phone: 949-361-6130 949-831-2500 949-599-6516
Email: rebensdorfd@san-
clemente.org [email protected]
QUESTIONS RESPONSE RESPONSE RESPONSE
1. What were the services
performed?
On-call geotechnical
services; Some grading and
landslide projects.
Geotechnical testing and
inspection services.
Recommendations,
observations, inspections.
2. How would you rate the quality
of work? Very good. Very good. Very good.
3. How well did they adhere to
budget? No issues.
The agreement was
completed on a time-and-
material basis.
Very good. 20% under
budget.
4.Rate the day-to-day
communication with the firm. Very good. Excellent Very good.
5. Would you hire the firm
again?
Yes. Currently our on-call
consultant.
Yes. Since this project,
LGC has been contracted
for ongoing on-call
geotechnical testing and
inspection services for
projects throughout the
District
Yes. Currently engineer of
record for next 3 years.
6. Do you have any additional
comments or information
regarding your experience with
the firm?
We had an excellent
relationship with LGC on
this project and several
other smaller projects
since this time.
Very easy to work with,
responsive to needs of
project, and staff is very
experienced and qualified.
CITY OF LAKE FOREST - DEPARTMENT OF PUBLIC WORKS
On Call Geotechnical Services
REFERENCE CHECK
LGC Geotechnical
Item: 7
99 Attachment 3
Item: 7
100
Contact #1: C ontact #3:
Agency: City of Newport Beach City of Garden Grove
Project:
On Call Geotechnical &
Material Testing
On Call Geotechnical &
Material Testing
Contact Info: Andy Tran N avin Maru
Phone: 949-644-3315
Contact #2:
City of San Juan
Capistrano
On Call Geotechnical &
Material Testing
Jeremy Hohnbaum
949-449-1191 714-741-5180
Email: [email protected] jhohnbaum@sanjuancapistra no.org [email protected]
QUESTIONS RESPONSE RESPONSE RESPONSE
1. What were the services
performed?
Material testing on various
projects as part of our on-
call agreement
Plan check reviews for
structural and geotech
studies.
Geotechnical Services
2. How would you rate the
qual
ity of work? V
ery good. Very good. Very good.
3. How well did they adhere to
budget
?
Very good. Always adhered
to their budget Very good. Very good.
4.Rate the day-to-day
communication with the firm.
Very good. They are very
responsive. Can get out on
site within 24-hour notice.
Very good. Very good.
5. Would you hire the firm
again? Yes Yes Yes
6. Do you have any additional
comments or informati
on
r
egarding your experience with
t
he firm?
A pleasure to work with.
You are in good hands with
Geocon.
Extremely responsive.
Replaced staff member
with one of their staff to
oversee a project.
No
CITY OF LAKE FOREST - DEPARTMENT OF PUBLIC WORKS
On Call Geotechnical Services
REFERENCE CHECK
Geocon West Inc.
Item: 7
101
Attachment 4
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CITY OF LAKE FOREST
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California, 92630 ("City") and GMU Geotechnical, Inc., a California corporation, with its principal place of business at 23241 Arroyo Vista, Rancho Santa Margarita, CA 92688 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional on-call geotechnical consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents th at it is experienced in providing professional on-call geotechnical consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professiona l on-call geotechnical consulting services for the On-Call Geotechnical Services project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all la bor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional on-call geotechnical consulting services necessary for the Project ("Services"). The Services are more particularly des cribed in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from January 18, 2023 to January 17, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew t his Agreement automatically for no more than two (2) additional one -year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Serv ices under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Ser vices under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepare d by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel bec ome unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Pro ject or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Katie Farrington, MSc, PG, CEG, QSP/QSD, Senior Engineering Geologist.
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3.2.5 City's Representative . The City hereby designates Thomas Wheeler, Director of Public Works/City Engineer , or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensati on due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative . Consultant hereby designates Katie Farrington, MSc, PG, CEG, QSP/QSD, Senior Engineering Geologist, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").
Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by profess ionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficien t skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal la ws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its offic ials, directors, officers, DocuSign Envelope ID: 7DD3D68E-E97F-447B-A3C3-44DDF9C03D60 Item: 7
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employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shal l not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the s ame policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encounter ed at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services includin g, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in Section 3.2.12.2 of this Agreement, Consultant must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Lake Forest Local Implementation Plan (“LIP”) and the applicable Water Quality Management Plan (“WQMP”). The DAMP contains requirements related to design and construction of public projects. Consultant must be familiar the DAMP, and the LIP and comply with the requirements as specified therein.
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A copy of the DAMP is available on the internet at:
https://media.ocgov.com/gov/pw/watersheds/documents/damp/default.asp A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/depts/pw/water/local_implementation_plan_%28lip%29.asp More information on the applicable WQMP is available on the internet at:
http://www.lakeforestca.gov/depts/pw/water/water_quality_management_plan_(wqmp).asp
3.2.12.4 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulation s, and ordinances listed in Sections 3.2.12.2 and 3.2.12.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its official s, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or po licy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing th e Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described DocuSign Envelope ID: 7DD3D68E-E97F-447B-A3C3-44DDF9C03D60 Item: 7
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below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City dispu tes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined b y City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written au thorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consu ltant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of bus iness and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code se ctions to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant a nd all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to DocuSign Envelope ID: 7DD3D68E-E97F-447B-A3C3-44DDF9C03D60 Item: 7
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compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agr eement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: GMU Geotechnical, Inc.
23241 Arroyo Vista
Rancho Santa Margarita, CA 92688
ATTN: Katie Farrington, Senior Engineering Geologist
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
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Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.2 Ownership of Materials and Confidentiality.
3.6.2.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expres sion, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and al l Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer p rogram data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without th e prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
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3.6.3 Cooperation; Further Acts . Th e Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.6.5 Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without lim itation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional ” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or DocuSign Envelope ID: 7DD3D68E-E97F-447B-A3C3-44DDF9C03D60 Item: 7
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transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or inte rest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, o r service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. C onsultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct inte rest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
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3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, w ithout prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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CITY OF LAKE FOREST GMU GEOTECHNICAL, INC.
By:
[AUTHORIZED CITY SIGNATURE]
By:
[VENDOR SIGNATURE 1]
Doug Cirbo
Mayor
Greg Silver
President/ Chief Executive Officer
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:
By:
[VENDOR SIGNATURE 2]
Aron Taylor
Vice President/ Chief Financial
Officer
By:
[CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
APPROVED AS TO FORM:
By:
[CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
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Exhibit “A”-1
EXHIBIT "A"
SCOPE OF SERVICES
On-call geotechnical services can include but is not limited to the following:
Third party reviews of geotechnical (soils and geology) reports for planned developments
Geotechnical monitoring during construction of large development projects Extensive review and/or forensic investigations of retaining walls and/or slope failures Preparing Geotechnical reports for City capital improvement projects including vertical, horizontal, or underground projects
Materials testing for City capital improvement projects including utility trench backfill Review of slope and drainage conditions as needed
Geologic and Geotechnical site reconnaissance
Independent review of geological hazard areas
Conduct field exploration including corings and borings Complete Caltrans/AMRL certified geotechnical laboratory testing capabilities including but not limited to: maximum dry density, optimum moisture content, R-value, compaction testing, testing of backfill material, aggregate base, sand bedding, etc. Attend pre-construction meetings and field construction meetings as-needed Complete materials testing capabilities including compressive strength, etc. Determine adequacy of backfill for retaining walls and drainage Review wall designs including retaining walls, MSE walls, etc. Comprehensive pavement designs including but not limited to: Field exploration, deflection testing, engineering analysis of new and existing pavements, recommendations for various alternatives
Comprehensive Caltrans certified Pavement Construction Quality Assurance/Control Testing and inspection during City projects including but not limited to the following:
batch plant inspection, laboratory testing, slurry seal testing, etc.
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Exhibit “B”-1
EXHIBIT "B"
SCHEDULE OF SERVICES
Consultant shall provide the services described in Exhibit “A” Scope of Services as directed by the City.
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Exhibit “C”-1
EXHIBIT "C"
COMPENSATION
Consultant shall be paid for services rendered in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of one hundred fifty thousand dollars ($150,000) based on the following schedule.
Professional Services
Document Preparation and Project Services $ 105.00/hour CAD/GIS, Design Engineer $ 120.00/hour
Staff Engineer or Geologist $ 165.00/hour
Senior Staff Engineer or Geologist $ 180.00/hour
Project Engineer or Geologist $ 200.00/hour
Senior/ Associate Engineer or Geologist $ 235.00/hour Associate Engineer or Geologist $ 255.00/hour
Principal/Director $ 280.00/hour
Field Inspection & Testing Services *
Staff Engineering Technician (no time minimum) $ 105.00/hour Services provided under direct supervision of a Senior Engineering Technician Senior Engineering Technician (no time minimum) $ 122.00/hour Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc. Certifications by AIC, ICC, Caltrans, local jurisdictions, etc.
Registered Special Inspector (No 4 hour minimum) $ 122.00/hour Certifications by AIC, ICC, Caltrans, local jurisdictions, etc. Reinforced concrete, Post-Tension, masonry, Welding, Bolting, Fireproofing Instrumentation Engineer $ 165.00/hour
Slope inclinometer and Piezometer monitoring
Manometer for floor level-surveys
Stormwater turbidity &pH meter
Groundwater monitoring – pressure transducer, datalogger, water chemistry meter, etc. Pipeline video camera for drains, wells, etc.
Engineering Seismological Technician (includes 3-channel seismograph) $ 165.00/hour Blast vibration monitoring
Construction vibration & noise monitoring (pile driving, drilling, demolition, etc.)
*Notes:
Rates include vehicle, nuclear density gauge, and equipment for testing, inspection, and sampling.
No 4-hour minimum charges apply.
Overtime is charged at 1.5 times the base rate. Overtime is defined as the time worked on the project in excess of 8 hours per day and all time on Saturdays, Sundays and holidays.
Prevailing Wage hourly surcharge for Technicians and Inspectors per California Labor Code §1720.et seq Add $ 29.00/hour
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Laboratory Testing Services
Laboratory Testing $ 130.00/hour
(For special materials testing and laboratory costs on a per-test basis, see GMU’s Laboratory Fee Schedule)
Other Charges
Outside Services Cost + 15%
Reimbursable & Reprographics Cost
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.
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Exhibit “D”-1
EXHIBIT “D”
INSURANCE REQUIREMENTS
3.2.11 Insurance.
3.2.11.1 Time for Compliance . Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.11.2 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, i n partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional serv ices shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
3.2.11.3 Insurance Endorsements . Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
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Exhibit “D”-2
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsement s shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(C) Cancellation: Required insurance p olicies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.11.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
3.2.11.5 Workers' Compensation:
(A) Cancellation: Re quired insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.2.11.6 Primary and Non -Contributing Insurance . All policies of Commercial General Liability and Automobile Liab ility insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.11.7 Waiver of Subrogation . All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to DocuSign Envelope ID: 7DD3D68E-E97F-447B-A3C3-44DDF9C03D60 Item: 7
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Exhibit “D”-3
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.8 Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in w riting by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self -insured retention.
3.2.11.9 Evidence of Insurance . The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance cove rage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice o f such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.11.10 Failure to Maintain Coverage . In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
3.2.11.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.11.12 Enforcement of Agreement Provisions (non estoppel) .
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.2.11.13 Requirements Not Limiting . Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.2.11.14 Insurance for Subconsultants . Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as ad ditional insureds under the Consultant's policies, or the Consultant shall be responsible for causing DocuSign Envelope ID: 7DD3D68E-E97F-447B-A3C3-44DDF9C03D60 Item: 7
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Exhibit “D”-4
subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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Attachment 5
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/17/2023
DEPARTMENT: Public Works
SUBJECT:
APPROVAL OF EASEMENT DEED WITH THE TERESINA COMMUNITY
ASSOCIATION
RECOMMENDED ACTION(S):
1. Approve the Easement Deed with the Teresina Community Association for maintenance of a drainage structure.
2. Authorize the Mayor to sign the Easement Deed.
EXECUTIVE SUMMARY:
On July 16, 2019, the City Council approved Final Tract Map No. 15594 for Shea Homes Limited Partnership, A California Limited Partnership (“Shea”) to construct 85 single-family homes on 24.588 acres. The infrastructure improvements constructed by Shea included streets, sidewalk, sewer and water lines, a neighborhood park, common area landscaping, a storm drain system, and other drainage improvements. All improvements except a concrete drainage structure are on Shea property and will be maintained by the Homeowners Association known as the Teresina Community Association. The one drainage structure on public property is a concrete V-gutter on the top of the slope between the Shea development and Tamarisk Park. Shea, through the Homeowners Association, will be obligated to maintain this drainage structure.
The attached Easement Deed is the mechanism to obligate the Teresina Community Association to maintain the drainage structure. The Deed has been reviewed and approved by the City Attorney’s office and signed by the Association. It is recommended that the City Council approve the easement Deed and authorize the Mayor to sign the Deed.
FISCAL IMPACT:
There is minimal fiscal impact with the recommended action. The Teresina Community Association will be responsible to maintain the drainage structure.
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ATTACHMENTS:
1. Vicinity Map
2. Easement Deed
Initiated By: Douglas A. Erdman, P.E., Assistant City Engineer Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/17/2023
DEPARTMENT: City Clerk
SUBJECT:
SECOND READING AND ADOPTION OF ORDINANCE NO. 359, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING ARTICLE 1 (PUBLIC NUISANCE) OF CHAPTER 6.14 (NUISANCES, GENERAL) OF TITLE 6 (HEALTH AND SANITATION) AND SECTION 1.01.250 OF THE LAKE FOREST MUNICIPAL CODE TO PROVIDE
FOR SUMMARY NUISANCE ABATEMENT PROCEDURES, RECOVERY OF
EXPENSES; AND MODIFYING THE PROCESS FOR NOTICE, HEARING, AND APPEALS REGARDING INVOLUNTARY ABATEMENT OF A NUISANCE; AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
RECOMMENDED ACTION(S):
1. Conduct Second Reading of Ordinance No. 359, AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING ARTICLE 1 (PUBLIC NUISANCE) OF CHAPTER 6.14 (NUISANCES, GENERAL) OF TITLE 6 (HEALTH AND SANITATION) AND SECTION 1.01.250
OF THE LAKE FOREST MUNICIPAL CODE TO PROVIDE FOR SUMMARY NUISANCE ABATEMENT PROCEDURES, RECOVERY OF EXPENSES; AND
MODIFYING THE PROCESS FOR NOTICE, HEARING, AND APPEALS
REGARDING INVOLUNTARY ABATEMENT OF A NUISANCE; AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.
2. Adopt Ordinance No. 359.
EXECUTIVE SUMMARY:
During its regular meeting of November 15, 2022, the City Council considered and conducted the first reading of Ordinance No. 359 (Attachment). This Ordinance amends the Lake Forest Municipal Code as it relates to the procedures for providing notice to property owners, for administrative abatement, for summary abatement, for hearings and appeals, and for recovery of costs.
Approving this second reading of this Ordinance will ultimately modernize the Municipal Code’s provisions related to summary abatement procedures. The general purpose is to enhance the clarity of the Municipal Code and to make the City’s code enforcement efforts more efficient helping to protect the public health, Item: 9
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safety and welfare, and to ensure cost recovery to the fullest extent as authorized by law.
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
ATTACHMENTS:
Ordinance No. 359
Initiated By: Vanessa Hall, Acting Assistant City Clerk Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
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6 ORDINANCE NO. 359
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, AMENDING
ARTICLE 1 (PUBLIC NUISANCE) OF CHAPTER 6.14
(NUISANCES, GENERAL) OF TITLE 6 (HEALTH AND
SANITATION) AND SECTION 1.01.250 OF THE LAKE
FOREST MUNICIPAL CODE TO PROVIDE FOR
SUMMARY NUISANCE ABATEMENT PROCEDURES,
RECOVERY OF EXPENSES; AND MODIFYING THE
PROCESS FOR NOTICE, HEARING, AND APPEALS
REGARDING INVOLUNTARY ABATEMENT OF A
NUISANCE; AND DETERMINING THE ORDINANCE
TO BE EXEMPT FROM CEQA
WHEREAS, the City of Lake Forest (“City”) is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City Council believes that enforcement of the Lake Forest Municipal Code is a matter of local concern and serves important public purposes; and
WHEREAS, Government Code sections 38773.1 and 38773.5 provide that a city may, by ordinance, provide for the recovery of nuisance abatement costs, including attorneys’ fees, in any action, administrative proceeding, or special proceeding to abate a nuisance; and
WHEREAS, the City places a high value on protecting community character, land values, and the general public, health, safety and welfare, and has previously adopted numerous ordinances to help ensure such protection; and WHEREAS, public nuisances, as designated by the Lake Forest Municipal Code, occur regularly and require the City to take abatement action at significant cost and expense; and
WHEREAS, the City’s attorneys’ fees incurred to abate public nuisances can be substantial and should be borne by the violator; and Item: 9
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6 WHEREAS, the City provides in Article 1 of Chapter 6.14 of Title 6 and Section 1.01.250 of the Lake Forest Municipal Code certain nuisance abatement procedures for providing notice to property owners, for administrative abatement, for summary abatement, for hearings and appeals, and for cost recovery; and WHEREAS, these nuisance abatement and cost recovery provisions have not been updated by the City since 2007; and
WHEREAS, the City desires to update Article 1 of Chapter 6.14 of Title 6 and Section 1.01.250 of the Lake Forest Municipal Code, described particularly in this Ordinance No. 359; and
WHEREAS, this Ordinance amends Article 1 of Chapter 6.14 and Section
1.01.250 as it relates to the procedures for providing notice to property owners, for administrative abatement, for summary abatement, for hearings and appeals, and for recovery of costs; and
WHEREAS, the purpose of this Ordinance is to generally enhance the clarity, simplicity, and user-friendliness of Article 1 of Chapter 6.14 and Section
1.01.250 in order to make the City’s code enforcement efforts more efficient and effective; and
WHEREAS, the purpose of this Ordinance is to further modernize the code enforcement and nuisance abatement tools to help protect the public health, safety and welfare, and to ensure cost recovery to the fullest extent as authorized by law; and
WHEREAS, the City Council finds that the adoption and implementation of the procedures and standards set forth below for the identification and abatement of public nuisances, whether or not posing an immediate threat to public health and safety, is within the City’s power and authority to protect the public health, safety, and welfare of the City’s residents; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE FOREST DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that the Recitals above are true and correct and incorporated herein.
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6 SECTION 2. The City Council finds that Ordinance No. 359 is not subject to the California Environmental Quality Act (CEQA) because the Ordinance is not a CEQA “project” pursuant to State CEQA Guidelines section 15378(b)(5), which provides that organizational and administrative activities of governments that will not result in physical environmental impacts are not CEQA projects, and here the proposed amendments refine and clarify Municipal Code provisions and correct clerical errors. Further, the City Council finds that State CEQA Guidelines section 15061(b)(3) exempts those activities for which it can be seen with certainty that there is no potential to result in significant environmental effects. The Ordinance has no potential to result in physical change to the environment, directly or indirectly, as the Ordinance only provides for summary abatement procedures for nuisances and does not propose nor authorize any action that would have the potential to cause a physical change in the environment, directly or indirectly.
Further, the Ordinance has no potential to result in physical change to the environment, directly or indirectly, as the Ordinance merely removes the current requirement under the Municipal Code that involuntary abatement procedures have an automatic hearing. The City Council directs staff to file a notice of exemption within five days of the adoption of this Ordinance.
SECTION 3. Attached as Exhibit “A” to this Ordinance are the amendments provided herein displayed by Municipal Code section in underline (for additions) and strikethrough (for deletions) format.
SECTION 4. Article 250 (Nuisances – Recovery of abatement expenses) of Chapter 1.01 (General Provisions) of Title 1 (General Provisions) of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 1.01.250 Nuisances—Recovery of abatement expenses.
A. Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1.01.240 of this chapter, or other public nuisance, as defined under State law or other ordinances or regulations, has been given notice, by or on behalf of the City Attorney or by any other City officer, employee, or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within said notice.
B. Costs and expenses, as referred to in subsection A of this section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys’ fees, claims Item: 9
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C.The provisions of subsection A of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.
D.The liability of any person for the payment of the costs and expenses provided for in subsection A of this section may be waived in whole or in part by the City Attorney in any case wherein he or she determines, in his or her sole discretion, that the failure or refusal of such persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in Chapter 2.04 of Title 2 of this Code.
E. Money due to the City pursuant to this section, including unpaid attorney fees, may be recovered in an appropriate civil action, or by making of the cost of abatement of a public nuisance which exists on a parcel of land a special assessment or lien against that parcel pursuant to Government Code Sections 38773 et seq. and 54988, and Article XI, Section 7 of the California Constitution.
F. A prevailing party in any judicial action, administrative proceeding, or special proceeding to abate, or cause the abatement of, a violation of this code or any public nuisance, or in any appeal or other judicial action arising therefrom, is entitled to recover reasonable attorney fees. Attorney fees are not recoverable by any party as a prevailing party unless the City elects in writing to seek recovery of the City’s attorney fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney fees in favor of any party.”
SECTION 5. Article 1 (Public Nuisance) of Chapter 6.14 (Nuisances, General) of Title 6 (Health and Sanitation) of the Lake Forest Municipal Code is hereby amended as set forth below:
“Title 6 HEALTH AND SANITATION Chapter 6.14 NUISANCES, GENERAL Article I. Public Nuisance
6.14.001 Purposes.
6.14.002 Public nuisances designated.
6.14.003 Responsibility for commencement of abatement proceedings.
6.14.004 Method of service.
6.14.005 Voluntary abatement.
6.14.006 Notice to abate.
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6 6.14.007 Right to appeal a notice to abate.
6.14.008 Hearing procedures.
6.14.009 Notice of decision.
6.14.010 Abatement of nuisance by City.
6.14.011 Emergency abatement of nuisance by City.
6.14.012 Notice of abatement costs.
6.14.013 Collection of costs as nuisance abatement lien.
6.14.014 Collection of costs as special assessment.
6.14.015 Owner responsibility.
6.14.016 Alternate actions.
6.14.001 Purposes.
A. In order to further the stated goals of the City and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety or welfare of the general public, the City Council has determined that this chapter pertaining to nuisance abatement is necessary to effectively abate or prevent the development of such conditions in the City of Lake Forest.
B. It is the intention of the City Council, in adopting the chapter codified herein, to set forth guidelines for determining what conditions constitute a public nuisance; to establish methods for giving notice of the conditions and an opportunity to correct them; and finally, in the event the public nuisance is not abated or corrected voluntarily or through alternative enforcement means, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.
C.It is the purpose of this chapter to provide a just, equitable, and practical method, in addition to any other remedy available at law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris, abandoned vehicles, machinery or equipment, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or the general welfare of the City, may be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions.
D.It is the purpose of this chapter to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti within the City.
E. It is the purpose of this chapter to provide a program for the removal and/or abatement as public nuisances of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property.
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6 F. In addition to the abatement procedures provided herein, this chapter declares certain conditions to be public nuisances and that maintenance of such conditions shall be a misdemeanor.
G.This chapter is not intended to enforce conditions, covenants and restrictions (“CC&Rs”) on property, nor to supersede them. This chapter will be enforced uniformly within the City regardless of CC&Rs. Therefore, this chapter does not abrogate the right of any homeowner’s association or private citizen to take action, legal or as otherwise provided in the CC&Rs, to force compliance with the CC&Rs applicable to their tract or association even though the CC&R provisions may be the same, more restrictive, or may not be covered by this chapter.
6.14.002 Public nuisances designated.
It is unlawful and declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any property within the City, to cause, permit, allow, or maintain the property in such a manner that any of the following conditions are found to exist thereon:
A. Any violation of any section of the Lake Forest Municipal Code, including any code adopted by reference;
B. Land, the topography or configuration of which, in any man-made state, whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage programs of such magnitude as to be injurious to public health, safety, and welfare or to neighboring properties;
C.Buildings or structures which are partially destroyed, boarded up abandoned or permitted to remain in a state of partial construction for more than six (6) months, or during any period of extension, after the expiration of a building permit;
D.The failure to secure and maintain from public access all doorways, windows and other openings into vacant or abandoned (not occupied or in use for any purpose, no maintenance applied to the structure or grounds) buildings or structures;
E. Painted buildings that require re-painting, and walls, retaining walls, fences or structures, or buildings, walls, fences or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive cracking, peeling, chalking, dry rot, warping or termite infestation;
F. Any building or structure, wall, fence, pavement, or walkway upon which any graffiti as defined in Section 6.14.101 of this Code, is allowed to remain for more than twenty-four (24) hours;
G.Broken windows;
H.Overgrown, dead, decayed or hazardous vegetation which:
1. May harbor rats, vermin, or other disease carriers;
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6 2. Is maintained so as to cause an obstruction to the public right-of-way, the vision of motorists or a hazardous condition to property, pedestrians or vehicle traffic;
3. Constitutes an unsightly appearance, or
4. Creates a danger or attractive nuisance to the public; I. Building exterior, roofs, grounds, walls, retaining and crib walls, fences, sidewalks or walkways which are maintained in such condition so as to become defective, unsightly or no longer viable, including through having a roof area covered with a tarpaulin or other temporary covering for a period of more than thirty (30) days; J. The accumulation of dirt, litter, feces or debris in doorways, adjoining sidewalks, parking lots, landscaped or other private outdoor areas visible to the public right-of-way;
K. Except where construction is occurring under a valid permit, lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, commercial storage containers, broken or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap metals, machinery parts, or other such material stored or deposited on property such that they are visible from a public street, alley, or neighboring property at or about the same grade;
L. Deteriorated driveways and parking lots, including those containing potholes, cracks or other deteriorated conditions;
M. Property in a condition of deterioration or disrepair, including the following:
1. abandoned, broken, unused objects or neglected equipment and machinery (e.g., refrigerators or other appliances, motor vehicles, any unsound structure, skateboard ramps, accumulated lumber, debris, trash, garbage).
3. any swimming pool, pond, spa, abandoned wells or other body of water, which is abandoned, unattended, or unfiltered.
4. unsecured and abandoned excavations, shafts, basements or other holes,
5. hoarding conditions in either the interior or the exterior of the property.
6. any conditions in this section which may be an attractive nuisance and dangerous to children;
N.Except where construction is occurring under a valid permit, storage or parking of the following upon any property exterior within a residential zone:
1. Construction equipment, supplies, materials, or machinery, or equipment, supplies, or materials of any type or description; or
2. Buses, tow trucks, dump trucks, flatbed trucks, grading equipment, tractors, tractor trailers, truck trailers, or any other commercial vehicle Item: 9
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6 over twenty-two (22) feet long or seven (7) feet in height or ninety (90) inches wide;
3. For purposes of this section:
a. “Commercial vehicle” shall be defined as any motorized or non-motorized vehicle used or maintained to transport property or goods for profit, or persons for hire or
compensation. Any commercial vehicle, when used as the
primary source of transportation by the person owning,
leasing, occupying or having charge of any such vehicle, shall be excluded from the provisions of this subsection,
b. “Property exterior” shall be defined as the unenclosed exterior of private property adjacent to the public right-of-way, including, but not limited to, driveways and carports. Property exterior does not include the public street, highway, or any other public right-of-way;
O.Construction debris storage bins stored in excess of fifteen (15) days on a public street or any front or side yard setback area without the expressed approval of the Director of Community Development and/or the City Engineer; P. Refuse or trash or receptacles for refuse or trash placed so as to be visible from neighboring properties or streets, except for those times scheduled for collection, in accordance with the City’s adopted solid waste ordinance; Q.Any property with accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps on to any public street or other public or private property;
R.Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering; S. All structures, or portions thereof, occupied for cooking, dining, living, or sleeping, that were not designed or intended to be used for occupancy; T. Use of parked or stored recreational vehicles, as defined in Section
12.16.040 of this Municipal Code, as temporary or permanent living space; U.Animals, livestock, poultry or bees kept, bred or maintained for any purpose and in violation of any provision of this Code, or any “pest breeding hazard” as that term is defined in Section 6.28.010 of this Code;
V. Any habitation which is overcrowded, as defined by the Uniform Housing Code and/or any local amendments thereto adopted by the City, or which lacks adequate ventilation, sanitation or plumbing facilities, or which constitutes a fire hazard;
W. Except where construction is occurring under a valid permit, the placing, depositing, or dumping of rocks, dirt, or waste matter in or upon any public or private highway or road, including any portion of the right-of-way thereof, or in or Item: 9
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6 upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public park or any public property other than property designated or set aside for that purpose by the governing board or body having charge of that property; X. Any other condition declared by any State, County or City statute, code or regulation to be a public nuisance;
Y. Trailers, campers, boats or motor vehicles parked or stored on vacant property or in front yards of developed lots other than on an approved driveway; Z. Any business or other activity not consistent with all of the terms and conditions of all applicable zoning approvals and approved plans granted by the City; or
AA. Graffiti
6.14.003 Responsibility for commencement of abatement proceedings.
Whenever the Director of Community Development or his or her designee (hereinafter, “Director”) reasonably believes a public nuisance exists, he or she may commence abatement proceedings. The Director shall have responsibility for administrating and enforcing this chapter, abating such nuisances on any private property, and causing a written notice to be issued to abate such nuisance.
6.14.004 Method of service.
A. Where any provision of this section requires the service of any document, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery to the person to be notified or by first-class mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at his or her last known business or residence address as it appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail is deemed to have been completed at the time of deposit in the mail.
B. Failure of any person to receive a notice shall not affect the validity of any proceedings under this chapter.
6.14.0054 Voluntary abatement.
The responsible party may abate a nuisance at any time by rehabilitation, repair, removal or demolition. The Director must be advised of the abatement so the Director may inspect the premises to ensure that the nuisance has in fact been abated.
6.14.0065 Notice to abate.
A. When the Director determines that a violation of any provision of this chapter is occurring or exists, he or she may issue a written notice to any person responsible for the violation Any notice to abate issued pursuant to this section must contain the following information:
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2. The code section violated or and a description of the violation;
3. A description of actions required to correct the violation;
4. A reasonable compliance period in which to complete the nuisance abatement actions (with all required City approvals, permits and inspections, when applicable);
5. An explanation of the potential consequences of noncompliance with the notice; and
6. A statement of the period and manner in which an aggrieved party may contest the notice to abate as set forth in Section 6.14.007.
B. When the Director intends to abate a public nuisance by demolition of a building or structure, the City must comply with the following additional requirements:
1. The notice to abate must contain a statement that the City intends to abate the nuisance with City personnel or contractors by demolition of a building or structure if the nuisance conditions are not repaired, rehabilitated, removed, terminated, or demolished within the compliance deadline;
2. The City shall serve the notice to abate on all secured lienholders of record with the Orange County Recorder’s Office.
C.The notice to abate must be served on each responsible party in the manner required under Section 6.14.004.
D.The provisions of this section do not apply in cases involving emergency abatement.
6.14.0076 Form of notice Right to appeal a notice to abate.
A. An aggrieved party may contest a notice to abate by filing a written request for an appeal with the City Clerk’s office within 10 calendar days of service of the notice to abate. For the purposes of this chapter, “aggrieved party” means any person whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a substantial burden or obligation is imposed by the action or decision appealed from.
B. A written request for an appeal must contain the following information:
1. Name, address, and telephone number of each responsible person who is appealing the compliance order (hereinafter, “appellant”);
2. Address of the real property;
3. Date of notice being appealed;
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6 5. Grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy; and
6. The signature of the appellant.
C.Failure of the appellant to file a timely, proper appeal is a waiver of the right to appeal the compliance order or other notice issued under this chapter and is a waiver of the right to seek judicial review. In this event, the notice to abate is final and binding.
6.14.008 Hearing procedures.
A. The hearing on an appeal of a notice issued under this chapter will be conducted by a hearing officer in accordance with the procedures set forth in Chapter
1.12 of this Code.
B. At the hearing, the hearing officer will consider all relevant evidence from the City and appellant. The City bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The issuance of a notice to abate constitutes prima facie evidence of the existence of a violation. Based upon the evidence so presented, the hearing officer must determine whether a public nuisance within the meaning of this chapter exists.
C.If the appellant fails to appear, the hearing officer may cancel the hearing.
A cancellation of a hearing due to non-appearance of the appellant constitutes the appellant’s waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the notice to abate is final and binding.
D.Where an appeal is filed as provided in this chapter, the compliance deadline set forth in the notice to abate is suspended pending the review of the determination by the hearing officer in the manner set forth in this chapter.
6.14.009 Notice of decision.
A. The decision of the hearing officer is final and conclusive.
B. The hearing officer must, within five (5) working days, send a copy of the written notice of decision to the appellant and City determining whether any nuisance condition exists at the subject property. If the hearing officer determines that each nuisance condition described in the notice to abate is nonexistent, the notice to abate is deemed cancelled. If a public nuisance is determined to exist, then the hearing officer must issue a written notice of decision that contains the following:
1. A finding and description of each nuisance condition existing at the subject property;
2. The required corrective action for each unabated nuisance condition;
3. An order to complete the required corrective action, including a compliance deadline;
4. Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal;
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6 5. A statement that if the nuisance is not abated, it may be removed and abated by the City; and
6. The statement: “The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq.”
C.The administrative order of the hearing officer is conclusive and is the final administrative decision of the City regarding the notice to abate. The notice of decision must be served in the manner required under Section 6.14.004.
6.14.010 Abatement of nuisance by City.
If the nuisance is not completely abated by the date specified in the notice to abate or in the hearing officer’s order in the event of an appeal, then the Director may immediately cause the same to be abated by City personnel or under private contract.
The City and its agents are expressly authorized to enter the premises for this purpose. A warrant or other order issued by a court of competent jurisdiction must be obtained before any entry if the nuisance cannot be inspected or abated without an intrusion into privacy.
6.14.011 Emergency abatement of nuisance by City.
A. Notwithstanding any other provision of this chapter with reference to the abatement of public nuisance, the Director has the authority to immediately cause the abatement of any public nuisance if it is determined that the nuisance presents an immediate threat to public health or safety, or an imminent hazard to real or personal property, in his or her sole discretion. Any such abatement activity may be conducted without observance of any notice requirements described in this chapter.
The City is entitled to recover all abatement costs incurred in the abatement of an imminent threat or hazard as set forth in this chapter.
B. Within 10 business days, or as soon as reasonably possible under the circumstances, following any summary abatement action by the City to abate an immediate threat to public health or safety, or imminent hazard to real or personal property, the City must provide the owner and any other responsible party with a notice of summary abatement.
C.The notice of summary abatement must be served in accordance with Section 6.14.004 and contain the following information:
1. A brief description of the condition and reasons why it constituted an imminent threat or hazard;
2. A brief description of the law prohibiting or pertaining to the imminent threat or hazard;
3. A brief description of the actions the City took to abate the imminent threat or hazard; and
4. A statement of the period and manner in which an aggrieved party may contest the notice.
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6 D.An aggrieved party may appeal the notice in accordance with the procedures set forth in Section 6.14.007 and Chapter 1.12, except that scope of the appeal is limited to whether the public nuisance constituted an imminent threat or hazard.
6.14.012 Notice of abatement costs
A. The owner of the premises and any other responsible party shall be liable to the City for all costs incurred by the City in abating a public nuisance or seeking to abate a public nuisance. City personnel must keep an account of all costs, including incidental expenses, of incurred by the City in connection with the abatement of a public nuisance by City personnel or private contract. For the purposes of this section, the terms “costs” and “incidental costs” include, but are not limited to, to the actual expenses and costs of the City in preparation of notices, specifications, and contracts, inspection of the work, and the cost of printing and mailings required under this chapter, and any attorney fees expended in the abatement of the nuisance, through civil action or otherwise.
B. The City must serve a written, itemized report of the nuisance abatement costs upon each person with a recorded interest in the subject property and any other responsible party providing notice of the costs and demanding payment. The notice of abatement costs must contain the following:
1. A demand for timely, full payment of the costs to the City within 45 calendar days of the date of service;
2. A statement that any unpaid amounts may become a lien and special assessment against the property; and
3. A statement that the person so charged may file an appeal with the City Clerk, within 10 days as set forth in Section 1.12.060.
C.The person so charged may file an appeal with the City Clerk, as set forth in Chapter 1.12. If the notice of abatement costs is appealed, the same procedures as specified in Chapter 1.12 apply, except that scope of the appeal is limited to the appropriateness of the amount of the abatement costs, and the hearing officer’s decision, may only confirming, discharge or modifying the amount of costs. The confirmed abatement costs must be tendered to the City within 30 calendar days of the date of service of the hearing officer’s decision. The City may thereafter proceed to collect its abatement costs in any manner allowed by law. The failure of any person who has been properly served with notice pursuant to this section to is a waiver of the right to contest the report, a waiver of the right to a hearing, a failure to exhaust administrative remedies, and a bar to any further challenge to the City’s invoice and nuisance abatement costs.
6.14.013 Collection of costs as nuisance abatement lien.
A. Pursuant to Section 38773.1 of the Government Code, the City may recover its abatement and related administrative costs by a nuisance abatement lien against the property on which the nuisance was abated. If the nuisance abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the itemized report of abatement costs has not been paid in full Item: 9
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6 within the time designated by this chapter, then the City may record a lien against the nuisance property for any unpaid amount.
B. Before recording a lien, the City must serve notice of the lien in the manner required under Section 6.14.004 on all persons with a recorded interest in the subject property. In addition, the owner of record must be served in accordance with Government Code section 38773.1(b).
C.The nuisance abatement lien must be recorded in the office of the Orange County, Recorder; and from the date of recording, the nuisance abatement lien shall have the force, effect, and priority of a judgment lien, and shall continue in effect until discharged by the City. The lien may carry such additional administrative charges as set forth by resolution of the City Council.
D.The nuisance abatement lien recorded pursuant to this subsection shall identify the City as the agency for whose benefit the lien is established, the amount of the lien, the date of the order for abatement of the nuisance the address, legal description, and assessor’s parcel number of the property on which the lien is imposed, and the name and address of the recorded owner of the property.
E. The nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment. All costs and expenses relating to the processing, recording and enforcement of the abatement lien, including recording fees, noticing costs and attorney fees shall be added to the amount of the lien and shall be secured thereby.
F.Upon payment or other satisfaction of the abatement lien, a notice of release must be prepared and recorded by the City Clerk. 6.14.014 Collection of costs as special assessment.
A. As an alternative to any other lien described in this section or authorized by law, pursuant to Section 38773.5 of the Government Code, if the nuisance abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the itemized report of abatement costs has not been paid in full within the time designated by this chapter, the City may levy a special assessment against the real property on which the violation occurred.
B. Before levying a special assessment, a notice of special assessment must be served upon all persons or entities with a recorded interest in the subject property in the manner required under Section 6.14.004 at the time the assessment is imposed the owner of the property if the property owner's identity can be determined from the County Assessor's or County Recorder's records, by certified mail not less than ten (10) days prior to the time set for hearing. In addition, the owner of record must be served in accordance with Government Code section 38773.5. The notice must specify that the property may be sold after three years by the Tax Collector for unpaid delinquent assessments.
C.The notice of special assessment is entitled to recordation with the Orange County Recorder’s Office. A copy of the notice of special assessment must be transmitted to the County Tax Assessor and Tax Collector, whereupon the Tax Assessor and Tax Collector shall add the amount of the special assessment on the Item: 9
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6 next regular bill for real estate taxes levied against the property identified in the notice of special assessment. Thereafter, the special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided by law for ordinary municipal taxes. After recordation, the special assessment may be foreclosed on as a lien in the manner and means provided by law.
6.14.015 Owner responsibility.
The owner of any premises within the City has the primary responsibility for keeping said premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this chapter, shall be deemed to be the agents of the owner.
6.14.016 Alternate actions.
Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means or remedies available to it under provisions of applicable ordinances, State law, or equity to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth herein.
SECTION 6. Section 1.01.250 (Nuisances—Recovery of Abatement Expenses) of Chapter 1.01 (General Provision) of Title 1 (General Provisions) of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 1.01.250 Nuisances—Recovery of abatement expenses.
A. Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1.01.240 of this chapter, or other public nuisance, as defined under State law or other ordinances or regulations, has been given notice, by or on behalf of the City Attorney or by any other City officer, employee, or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within said notice.
B. Costs and expenses, as referred to in subsection A of this section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys’ fees, claims against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder.
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6 C.The provisions of subsection A of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.
D.The liability of any person for the payment of the costs and expenses provided for in subsection A of this section may be waived in whole or in part by the City Attorney in any case wherein he or she determines, in his or her sole discretion, that the failure or refusal of such persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in Chapter 2.04 of Title 2 of this Code.
E. Money due to the City pursuant to this section, including unpaid attorney fees, may be recovered in an appropriate civil action, or by making of the cost of abatement of a public nuisance which exists on a parcel of land a special assessment or lien against that parcel pursuant to Government Code Sections 38773 et seq. and 54988, and Article XI, Section 7 of the California Constitution.
F. A prevailing party in any judicial action, administrative proceeding, or special proceeding to abate, or cause the abatement of, a violation of this code or any public nuisance, or in any appeal or other judicial action arising therefrom, is entitled to recover reasonable attorney fees. Attorney fees are not recoverable by any party as a prevailing party unless the City elects in writing to seek recovery of the City’s attorney fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney fees in favor of any party.”
SECTION 7. The City Council’s actions are made upon review of the Staff Report, all oral and written comments, and the documentary evidence presented on the Ordinance. All existing provisions of the Lake Forest Municipal Code that are repeated herein are repeated only to aid decision-makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment.
SECTION 8. If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 9. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council’s findings and Item: 9
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6 determinations are based are located at Lake Forest City Hall, 100 Civic Center Drive, Lake Forest, California 92630. The City Clerk is the custodian of the record of proceedings.
SECTION 10. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
INTRODUCED by the City Council of the City of Lake Forest at a regular meeting held on the 1st day of November 2022, and PASSED, APPROVED, AND ADOPTED by the City Council of the City of Lake Forest at a regular meeting held on the 17th day of January 2023.
_________
DOUG CIRBO
MAYOR
ATTEST:
LISA BERGLUND, MPA
CITY CLERK
APPROVED AS TO FORM:
MATTHEW E. RICHARDSON
CITY ATTORNEY
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6 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, do hereby certify that the foregoing Ordinance No. 359 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 1st day of November 2022, and thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 17th day of January 2023, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
LISA BERGLUND, MPA
CITY CLERK
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6 EXHIBIT “A”
REDLINE OF LAKE FOREST MUNICIPAL CODE UPDATES
(continued on next page)
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6 Section 1.01.250
“Section 1.01.250 Nuisances—Recovery of abatement expenses.
G.Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1.01.240 of this chapter, or other public nuisance, as defined under State law or other ordinances or regulations, has been given notice, by or on behalf of the City Attorney or by any other City officer, employee, or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within said notice.
H.Costs and expenses, as referred to in subsection A of this section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys’ fees, claims against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder.
I. The provisions of subsection A of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.
J. The liability of any person for the payment of the costs and expenses provided for in subsection A of this section may be waived in whole or in part by the City Attorney in any case wherein he or she determines, in his or her sole discretion, that the failure or refusal of such persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in Chapter 2.04 of Title 2 of this Code.
K. Money due to the City pursuant to this section, including unpaid attorney fees, may be recovered in an appropriate civil action, or by making of the cost of abatement of a public nuisance which exists on a parcel of land a special assessment or lien against that parcel pursuant to Government Code Sections 38773 et seq. and 54988, and Article XI, Section 7 of the California Constitution.
L. A prevailing party in any judicial action, administrative proceeding, or special proceeding to abate, or cause the abatement of, a violation of this code or any public nuisance, or in any appeal or other judicial action arising therefrom, is entitled to recover reasonable attorney fees. Attorney fees are not recoverable by any party as a prevailing party unless the City elects in writing to seek recovery of the City’s attorney fees at the initiation of that individual action or proceeding. Failure to Item: 9
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6 make such an election precludes any entitlement to, or award of, attorney fees in favor of any party.”
Title 6, Chapter 6.14, Article 1
Article 1 of Chapter 6.14 of Title 6 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Title 6 HEALTH AND SANITATION Chapter 6.14 NUISANCES, GENERAL Article I. Public Nuisance
6.14.001 Purposes.
6.14.002 Public nuisances designated.
6.14.003 Responsibility for commencement of abatement proceedings.
6.14.004 Method of service.
6.14.0045 Voluntary abatement.
6.14.0056 Involuntary abatement Notice to abate.
6.14.0067 Right to appeal a notice to abate Form of notice.
6.14.0078 Hearing procedures.
6.14.0089 Order of abatement Notice of decision.
6.14.010 Abatement of nuisance by City.
6.14.011 Emergency abatement of nuisance by City Cost accounting— Notification.
6.14.012 Assessment lien Notice of abatement costs.
6.14.013 Collection of costs as nuisance abatement lien Owner responsibility.
6.14.014 Collection of costs as special assessment Alternate actions.
6.14.015 Owner responsibility.
6.14.016 Alternate actions.
6.14.001 Purposes.
A. In order to further the stated goals of the City and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety or welfare of the general public, the City Council has determined that this chapter pertaining to nuisance abatement is necessary to effectively abate or prevent the development of such conditions in the City of Lake Forest.
B. It is the intention of the City Council, in adopting the chapter codified herein, to set forth guidelines for determining what conditions constitute a public nuisance; Item: 9
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6 to establish methods for giving notice of the conditions and an opportunity to correct them; and finally, in the event the public nuisance is not abated or corrected voluntarily or through alternative enforcement means, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.
C.It is the purpose of this chapter to provide a just, equitable, and practical method, in addition to any other remedy available at law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris, abandoned vehicles, machinery or equipment, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or the general welfare of the City, may be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions.
D.It is the purpose of this chapter to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti within the City.
E. It is the purpose of this chapter to provide a program for the removal and/or abatement as public nuisances of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property.
F. In addition to the abatement procedures provided herein, this chapter declares certain conditions to be public nuisances and that maintenance of such conditions shall be a misdemeanor.
G.This chapter is not intended to enforce conditions, covenants and restrictions (“CC&Rs”) on property, nor to supersede them. This chapter will be enforced uniformly within the City regardless of CC&Rs. Therefore, this chapter does not abrogate the right of any homeowner’s association or private citizen to take action, legal or as otherwise provided in the CC&Rs, to force compliance with the CC&Rs applicable to their tract or association even though the CC&R provisions may be the same, more restrictive, or may not be covered by this chapter.
6.14.002 Public nuisances designated.
It is unlawful and a misdemeanor subject to punishment in accordance with Section 1.01.200 of this Code, and it is declared to be a public nuisance, for any person owning, leasing, occupying, or having charge or possession of any property within the City, to cause, permit, allow, or maintain such the property in such a manner that any of the following conditions are found to exist thereon:
A. Any violation of any section of the Lake Forest Municipal Code, including any code adopted by reference;
B. Land, the topography or configuration of which, in any man-made state, whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage programs of such magnitude as to be injurious to public health, safety, and welfare or to neighboring properties;
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6 C.Buildings or structures which are partially destroyed, boarded up abandoned or permitted to remain in a state of partial construction for more than six (6) months, or during any period of extension, after the expiration of a building permit; D.The failure to secure and maintain from public access all doorways, windows and other openings into vacant or abandoned (not occupied or in use for any purpose, no maintenance applied to the structure or grounds) buildings or structures;
E. Painted buildings that require re-painting, and walls, retaining walls, fences or structures, or buildings, walls, fences or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive cracking, peeling, chalking, dry rot, warping or termite infestation;
F. Any building or structure, wall, fence, pavement, or walkway upon which any graffiti as defined in Section 6.14.101 of this Code, is allowed to remain for more than twenty-four (24) hours;
G.Broken windows;
H.Overgrown, dead, decayed or hazardous vegetation which:
1. May harbor rats, vermin, or other disease carriers,;
2. Is maintained so as to cause an obstruction to the public right-of-way, the vision of motorists or a hazardous condition to property, pedestrians or vehicle traffic,;
3. Constitutes an unsightly appearance,; or
4. Creates a danger or attractive nuisance to the public; I. Building exterior, roofs, , grounds, walls, retaining and crib walls, fences, sidewalks or walkways which are maintained in such condition so as to become defective, unsightly or no longer viable, including through having a roof area covered with a tarpaulin or other temporary covering for a period of more than thirty (30) days; J. The accumulation of dirt, litter, feces or debris in doorways, adjoining sidewalks, parking lots, landscaped or other private outdoor areas visible to the public right-of-way;
K. Except where construction is occurring under a valid permit, lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, commercial storage containers, broken or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap metals, machinery parts, or other such material stored or deposited on property such that they are visible from a public street, alley, or neighboring property at or about the same grade;
L. Deteriorated driveways and parking lots, including those containing pot holes, cracks or other deteriorated conditions;
M. Property in a condition of deterioration or disrepair, including the following:
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6 1. abandoned, broken, unused objects or neglected equipment and machinery(e.g., refrigerators or other appliances, motor vehicles, any unsound structure, skateboard ramps, accumulated lumber, debris, trash, garbage.
3. any swimming pool, pond, spa, abandoned wells or other body of water, which is abandoned, unattended, or unfiltered.
4. unsecured and abandoned excavations, shafts, basements or other holes,
5. hoarding conditions in either the interior or the exterior of the property.
6. any conditions in this section which may be an attractive nuisance and dangerous to children;
N.Except where construction is occurring under a valid permit, storage or parking of the following upon any property exterior within a residential zone:
1. Construction equipment, supplies, materials, or machinery, or equipment, supplies, or materials of any type or description; or
2. Buses, tow trucks, dump trucks, flatbed trucks, grading equipment, tractors, tractor trailers, truck trailers, or any other commercial vehicle over twenty-two (22) feet long or seven (7) feet in height or ninety (90) inches wide;
3. For purposes of this section:
a. “Commercial vehicle” shall be defined as any motorized or non-motorized vehicle used or maintained to transport property or goods for profit, or persons for hire or
compensation. Any commercial vehicle, when used as the
primary source of transportation by the person owning,
leasing, occupying or having charge of any such vehicle, shall be excluded from the provisions of this subsection,
b. “Property exterior” shall be defined as the unenclosed exterior of private property adjacent to the public right-of-way, including, but not limited to, driveways and carports. Property exterior does not include the public street, highway, or any other public right-of-way;
O.Construction debris storage bins stored in excess of fifteen (15) days on a public street or any front or sideyard side yard setback area without the expressed approval of the Director of Community Development and/or the City Engineer; P. Refuse or trash or receptacles for refuse or trash placed so as to be visible from neighboring properties or streets, except for those times scheduled for collection, in accordance with the City’s adopted solid waste ordinance; Q.Any property with accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which Item: 9
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6 any such material flows or seeps on to any public street or other public or private property;
R.Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering; S. All structures, or portions thereof, occupied for cooking, dining, living, or sleeping, that were not designed or intended to be used for occupancy; T. Use of parked or stored recreational vehicles, as defined in Section
12.16.040 of this Municipal Code, as temporary or permanent living space; U.Animals, livestock, poultry or bees kept, bred or maintained for any purpose and in violation of any provision of this Code, or any “pest breeding hazard” as that term is defined in Section 6.28.010 of this Code;
V. Any habitation which is overcrowded, as defined by the Uniform Housing Code and/or any local amendments thereto adopted by the City, or which lacks adequate ventilation, sanitation or plumbing facilities, or which constitutes a fire hazard;
W. Except where construction is occurring under a valid permit, the placing, depositing, or dumping of rocks, dirt, or waste matter in or upon any public or private highway or road, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public park or any public property other than property designated or set aside for that purpose by the governing board or body having charge of that property; X. Any other condition declared by any State, County or City statute, code or regulation to be a public nuisance;
Y. Trailers, campers, boats or motor vehicles parked or stored on vacant property or in front yards of developed lots other than on an approved driveway; Z. Any business or other activity not consistent with all of the terms and conditions of all applicable zoning approvals and approved plans granted by the city; AA. Graffiti.
6.14.003 Responsibility for Ccommencement of abatement proceedings.
Whenever the Director of Community Development or his or her designee (hereinafter, “Ddirector”) or duly authorized agent or representative reasonably believes a public nuisance exists, he or she may commence abatement proceedings.
The Director shall have responsibility for administrating and enforcing this chapter, abating such nuisances on any private property, and causinge a written notice to be issued to abate such nuisance.
A. The notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to this section and the violations) of this Code at issue, and shall direct compliance by removal or correction of the condition which is in violation of the provisions of this Code within a minimum of seven (7) calendar days and a maximum of thirty (30) calendar days from Item: 9
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6 the date of the notice. The notice shall further describe the consequences of failure to comply as prescribed in this section.The notice shall be served on the owner or agent and the person in possession of the property by registered or certified mail, return receipt requested. Delivery by first-class mail shall be used when delivery by registered or certified mail is refused. Such notice by mail shall be sufficient for purposes of this chapter.
B. Failure of any person to receive a notice shall not affect the validity of any proceedings under this chapter.
6.14.004 Method of service.
C. Where any provision of this section requires the service of any document, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery to the person to be notified or by first-class mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at his or her last known business or residence address as it appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail is deemed to have been completed at the time of deposit in the mail.
D.Failure of any person to receive a notice shall not affect the validity of any proceedings under this chapter.
6.14.0054 Voluntary abatement.
The owner, lease holder, tenant or occupant having charge of any building, structure or property alleged to be a public nuisance as set forth above, responsible party may abate said a nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition. The Director/designee must shall be advised of the abatement and shall so the Director may inspect the premises to ensure that the nuisance has in fact been abated.
6.14.0065 Involuntary abatement Notice to abate.
Upon failure of the owner or his/her agent or the person in possession of the property to remove or correct the conditions described in the notice by the date specified, the Director shall cause a hearing to be held to determine whether said building, structure or property is being maintained in such a manner so as to constitute a public nuisance. The Director shall give not less than seven (7) days’ written notice of the hearing to the owner(s) of the affected properties as shown on the latest equalized tax assessment roll by mailing the same to the addresses as indicated thereon, to any persons holding permits to the applicable property, building, or structure, and further, within the same time period, by conspicuously posting on the affected property, building, or structure a copy of the notice. Notice may also be served on the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other state of legal interest of record of the building or structure, or the land on which it is located.
B. When the Director determines that a violation of any provision of this chapter is occurring or exists, he or she may issue a written notice to abate , a cease and desist order, or such other order to any person responsible for the violation The Item: 9
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6 notice shall indicate the nature of the alleged public nuisance, a description of the property involved, and the designation of the time and place of the hearing to determine whether the same constitutes a public nuisance, and the manner of the proposed abatement if the same is found to be a public nuisance. Any notice to abate issued pursuant to this section must contain the following information:
7. The date and location of the violation;
8. The code section violated or and a description of the violation;
9. A description of actions required to correct the violation;
10.A reasonable compliance period in which to complete the nuisance abatement actions (with all required City approvals, permits and inspections, when applicable);
11.An explanation of the potential consequences of noncompliance with the notice; and
12.A statement of the period and manner in which an aggrieved party may contest the notice to abate as set forth in Section 6.14.007.
E. When the Director intends to abate a public nuisance by demolition of a building or structure, the City must comply with the following additional requirements:
1. The notice to abate must contain a statement that the City intends to abate the nuisance with City personnel or contractors by demolition of a building or structure if the nuisance conditions are not repaired, rehabilitated, removed, terminated, or demolished within the compliance deadline;
2. The City shall serve the notice to abate on all secured lienholders of record with the Orange County Recorder’s Office.sectio
F. The notice and order of abatement to abate shall must be served on each responsible party on every party by registered or certified mail. Delivery by first-class mail shall be used when delivery by registered or certified mail is refused in the manner required under Section 6.14.004.
G.The provisions of this section do not apply in cases involving emergency abatement.
B. The failure of any person to receive this notice shall not affect the validity of any proceedings under this chapter.
Nothing hereby shall prevent any property owner or other interested person from abating the nuisance prior to the time of the hearing and notifying the City of the same. Upon confirmation by the City that the nuisance has been abated, the need for the hearing shall be deemed terminated
6.14.0076 Form of notice Right to appeal a notice to abate.
D.An aggrieved party may contest a notice to abate by filing a written request for an appeal with the City Clerk’s office within 10 calendar days of service of the notice to abate. For the purposes of this chapter, “aggrieved party” means any person Item: 9
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6 whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a substantial burden or obligation is imposed by the action or decision appealed from.
E. A written request for an appeal must contain the following information:
1. Name, address, and telephone number of each responsible person who is appealing the compliance order (hereinafter, “appellant”);
2. Address of the real property;
3. Date of notice being appealed;
4. The specific action, decision, or issue being appealed;
5. Grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy; and
6. The signature of the appellant.
F. Failure of the appellant to file a timely, proper appeal is a waiver of the right to appeal the compliance order or other notice issued under this chapter and is a waiver of the right to seek judicial review. In this event, the notice to abate is final and binding.
The notice given shall be provided in substantially the following format:
NOTICE OF HEARING ON ABATEMENT OF PUBLIC NUISANCE
A hearing will be held at City Hall, 100 Civic Center Drive, Lake Forest, CA 92630, before the City of Lake Forest Hearing Officer, to determine whether the premises at _______________________ constitutes a public nuisance.
The conditions asserted to constitute a public nuisance include the following:
A hearing may be avoided if the following corrections are made at least two (2) calendar days before the date set for the hearing:
If it is determined that the conditions on the property constitute a public nuisance, the following abatement action may be taken by the City if the owner has not taken corrective action within five (5) days after the hearing officer’s determination:
If abatement action is taken by the City, all costs of the abatement will be assessed against the property and will attach as a lien against the property until paid.
All persons having an interest in this matter may attend the hearing and give testimony and evidence, which will be given due consideration by the hearing officer.
Call (949) 461-3400 for questions regarding this notice.
6.14.0087 Hearing procedures.
E. The hearing to determine whether a public nuisance exists shall on an appeal of a notice issued under this chapter will be conducted by a hHearing oOfficer in accordance with the procedures set forth in Chapter 1.12 of this Code.
F. At the hearing, the hHearing oOfficer shall will consider all relevant evidence from the City and appellant, including but not limited to applicable staff Item: 9
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6 reports. The City bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The issuance of a notice to abate constitutes prima facie evidence of the existence of a violation. He/she shall give any interested person the reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the hHearing oOfficer shall must determine whether a public nuisance within the meaning of this chapter exists.
G.If the appellant fails to appear, the hearing officer may cancel the hearing.
A cancellation of a hearing due to non-appearance of the appellant constitutes the appellant’s waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the notice to abate is final and binding.
H.Where an appeal is filed as provided in this chapter, the compliance deadline set forth in the notice to abate is suspended pending the review of the determination by the hearing officer in the manner set forth in this chapter.
6.14.0098 Order of abatement Notice of decision.
D.The decision of the hHearing oOfficer shall be is final and conclusive.
E. The hHearing oOfficer shall must, within five (5) working days, send a copy of the written notice of decision by certified or registered mail to the owner, by regular first-class mail to all other persons and entities who received notice of the original hearing, and to any other person requesting the same appellant and City determining whether any nuisance condition exists at the subject property. If the hearing officer determines that each nuisance condition described in the notice to abate is nonexistent, the notice to abate is deemed cancelled. If a public nuisance is determined to exist, Tthen the hearing officer must issue a written notice of decision that contains the following: shall contain an order of abatement, if a public nuisance is determined to exist, directed to the owner of the affected property or the person in control and/or charge of the property, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement.
1. A finding and description of each nuisance condition existing at the subject property;
2. The required corrective action for each unabated nuisance condition;
3. An order to complete the required corrective action, including a compliance deadline;
4. Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal;
5. A statement that if the nuisance is not abated, it may be removed and abated by the City; and
6. The statement: “The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq.”
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6.14.010 Abatement of nuisance by City.
If the nuisance is not completely abated by the date specified in the notice to abate or in the Hhearing oOfficer’s order in the event of an appeal, as appropriate, then the City Manager Director may immediately cause the same to be abated by City personnel or under private contract. The City and its agents are expressly authorized to enter the premises for this purpose. A warrant or other order issued by a court of competent jurisdiction must be obtained before any entry if the nuisance cannot be inspected or abated without an intrusion into privacy.
6.14.011 Emergency abatement of nuisance by City.
E. Notwithstanding any other provision of this chapter with reference to the abatement of public nuisance, the Director has the authority to immediately cause the abatement of any public nuisance if it is determined that the nuisance presents an immediate threat to public health or safety, or an imminent hazard to real or personal property, in his or her sole discretion. Any such abatement activity may be conducted without observance of any notice requirements described in this chapter.
The City is entitled to recover all abatement costs incurred in the abatement of an imminent threat or hazard as set forth in this chapter.
F. Within 10 business days, or as soon as reasonably possible under the circumstances, following any summary abatement action by the City to abate an immediate threat to public health or safety, or imminent hazard to real or personal property, the City must provide the owner and any other responsible party with a notice of summary abatement.
G.The notice of summary abatement must be served in accordance with Section 6.14.004 and contain the following information:
1. A brief description of the condition and reasons why it constituted an imminent threat or hazard;
2. A brief description of the law prohibiting or pertaining to the imminent threat or hazard;
3. A brief description of the actions the City took to abate the imminent threat or hazard; and
4. A statement of the period and manner in which an aggrieved party may contest the notice.
H.An aggrieved party may appeal the notice in accordance with the procedures set forth in Section 6.14.007 and Chapter 1.12, except that scope of the appeal is limited to whether the public nuisance constituted an imminent threat or hazard. The Hearing Officer is authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner of Item: 9
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6 extenuating circumstances, made before the date of City abatement. The owner of the premises shall be liable to the City for all costs of such abatement, including attorneys’ fees incurred by the City in connection with abatement of the nuisance
6.14.0121 Notice of abatement costs Cost accounting—Notification.
D.The owner of the premises and any other responsible party shall be liable to the City for all costs of such abatement incurred by the City in abating a public nuisance or seeking to abate a public nuisance, including attorneys’ fees incurred by the City in connection with abatement of the nuisance. City personnel, or any private contractor authorized to abate the nuisance, shall must keep an account of the all costs, including incidental expenses, of incurred by the City in connection with the abatement of a public nuisance by City personnel or private contract. For the purposes of this section, the terms “costs” and “incidental costs” include, but are not limited to, to the actual expenses and costs of the City in preparation of notices, specifications, and contracts, inspection of the work, and the cost of printing and mailings required under this chapter, and any attorney fees expended in the abatement of the nuisance, through civil action or otherwise.
E. The City all abatement work performed on each separate lot or parcel of land where work is done and shall must server ender an written, itemized report in writing of the nuisance abatement costs to upon each person with a recorded interest in the subject property the and any other responsible party providing notice of the costs and demanding payment City Council showing the total cost of abatement by rehabilitation, demolition, or repair of the property, buildings, or structure, including any salvage value relating thereto. The notice of abatement costs must contain the following:
1. A demand for timely, full payment of the costs to the City within 45 calendar days of the date of service;
2. A statement that any unpaid amounts may become a lien and special assessment against the property; and
3. A statement that the person so charged may file an protest appeal with the City Clerk, within 10 days as set forth in Section 1.12.060.
F. The person so charged may file an protest appeal with the City Clerk, as set forth in Chapter 1.12. If the notice of abatement costs is appealed, the same procedures as specified in Chapter 1.12 apply, except that scope of the appeal is limited to the appropriateness of the amount of the abatement costs, and Tthe hearing Board officer’s decision, after the hearing, may only adopt a statement confirming, dischargeing or modifying the amount of costs. The confirmed abatement costs must be tendered to the City within 30 calendar days of the date of service of the hearing officer’s decision. The City may thereafter proceed to collect its abatement costs in any manner allowed by law. The failure of any person who has been properly served with notice pursuant to this section to appear at the protest hearing shallfile an appeal constitute is a waiver of the right to contest the report, a waiver of the right to a hearing, a failure to exhaust administrative remedies, and a bar to any further challenge to the City’s invoice and nuisance abatement costs. A Item: 9
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6 copy of the report shall be posted at the City Hall or other official location for posting City notices for at least five (5) days before it is considered by the City Council. Proof of posting shall be made by affidavit of the City Clerk or Deputy City Clerk. The term “incidental expenses” includes but is not limited to the actual expenses and costs of the City in preparation of notices, specifications, and contracts, inspection of the work, and the cost of printing and mailings required under this chapter, and any attorney fees expended in the abatement of the nuisance, through civil action or otherwise. The City Attorney shall be responsible for keeping an accounting of attorney fees and costs and transmitting the same to the Director.
6.14.0132 Assessment Collection of costs as nuisance abatement lien.
G.Pursuant to Section 38773.1 of the Government Code, the City may recover its abatement and related administrative costs by a nuisance abatement lien against the property on which the nuisance was abated The total cost for abatement of the nuisance, as confirmed by the City Council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the office of the County recorder of the County of Orange of a notice of lien, shall constitute a lien on the property for the amount of the assessment. If the nuisance abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the itemized report of abatement costs has not been paid in full within the time designated by this chapter, then the City may record a lien against the nuisance property for any unpaid amount.
H.Before recording a lien, the City must serve notice of the lien in the manner required under Section 6.14.004 on all persons with a recorded interest in the subject property. In addition, the owner of record must be served in accordance with Government Code section 38773.1(b).
I. The nuisance abatement lien must be recorded in the office of the Orange County, Recorder;, and from the date of recording, the nuisance abatement lien shall have the force, effect, and priority of a judgment lien, and shall continue in effect until discharged by the City. The lien may carry such additional administrative charges as set forth by resolution of the City Council.
J. The nuisance abatement lien recorded pursuant to this subsection shall identify the City as the agency for whose benefit the lien is established, the amount of the lien, the date of the order for abatement of the nuisance, the date of the order for collection of abatement costs, the address, legal description, and assessor’s parcel number of the property on which the lien is imposed, and the name and address of the recorded owner of the property.
K. The nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment. All costs and expenses relating to the processing, recording and enforcement of the abatement lien, including recording fees, noticing costs and attorney fees shall be added to the amount of the lien and shall be secured thereby.
L. Upon payment or other satisfaction of the abatement lien, a notice of release must be prepared and recorded by the City Clerk. After confirmation and Item: 9
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6 recordation, a copy of the notice of lien may be turned over to the Tax Collector to add the amounts of the assessments to the next regular tax bill levied against the respective lots and parcels of land. Thereafter the assessment amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes.
After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The notice of lien for recordation shall be in a form substantially as follows:
M.NOTICE OF LIEN
N.Claim of the City of Lake Forest
O.Pursuant to the authority vested by Chapter 6.14 of the Lake Forest Municipal Code, the City of Lake Forest’s hearing officer [City Council] did on or about the ______ day of ______________, 20___, cause the property hereinafter described to be declared a public nuisance and order the same abated. The City Council of the City of Lake Forest, did on the ______ day of ______________, 20___, assess the cost of such abatement upon the property and the same has not been paid nor any part thereof. The City of Lake Forest does hereby claim a lien for such abatement in the amount of the assessment, to wit: the sum of $, and the same shall be a lien upon the real property until paid in full and discharged of record.
P. The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being entirely with the City of Lake Forest, County of Orange, State of California, particularly described as follows:
Q.(legal description)
R.Dated: This ______ day of ______________, 20___.
S. City Manager, City of Lake Forest
6.14.014 Collection of costs as special assessment.
D.As an alternative to any other lien described in this section or authorized by law, pursuant to Section 38773.5 of the Government Code, if the nuisance abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the itemized report of abatement costs has not been paid in full within the time designated by this chapter, the City may an administrative order for the collection of abatement costs or penalties may be levied by the City Council as the City may levy a special assessment against the real property on which the violation occurred.
E. Before levying a special assessment, notice of intent to record such lien shall a notice of special assessment must be served upon be sent to all persons or entities with a recorded interest in the subject property in the manner required under Section 6.14.004 at the time the assessment is imposed the owner of the property if the property owner's identity can be determined from the County Assessor's or County Recorder's records, by certified mail not less than ten (10) days prior to the time set for hearing. In addition, the owner of record must be served in accordance with Government Code section 38773.5. The notice must specify that the property Item: 9
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F. The notice of special assessment is entitled to recordation with the Orange County Recorder’s Office. A certified copy of the notice of special assessment resolution imposing the lien must be transmitted to the County Tax Assessor and Tax Collector, whereupon the Tax Assessor and Tax Collector shall add the amount of the lien as a special assessment on the next regular bill for real estate taxes levied against the property identified in the notice of special assessment resolution.
Thereafter, the special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided by law for ordinary municipal taxes. After recordation, the special assessment may be foreclosed on as a lien in the manner and means provided by law.
6.14.0153 Owner responsibility.
The owner of any premises within the City has the primary responsibility for keeping said premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this chapter, shall be deemed to be the agents of the owner.
6.14.0164 Alternate actions.
Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means or remedies available to it under provisions of applicable ordinances, State law, or equity to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth herein.
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218
CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/17/2023
DEPARTMENT: City Manager
SUBJECT:
STRATEGIC PLAN QUARTERLY UPDATE
RECOMMENDED ACTION(S):
Receive and file.
EXECUTIVE SUMMARY:
On June 15, 2021, the City Council approved the City’s Strategic Business Plan covering Fiscal Years 2021-22 through 2027-28 (“Strategic Plan”). The Strategic Plan includes the major goals established by the City Council and a series of initiatives that facilitate progress towards each goal. The Strategic Plan’s Implementation Matrix includes 66 initiatives (Attachment 1). Each initiative has been assigned a lead department and description of the funding source.
Each quarter, the City Manager’s Office provides an update to the City Council summarizing the progress made on the Strategic Plan during the preceding three months. This is sixth quarterly report submitted to the City Council since the passage of the Strategic Plan in 2021. Since the Strategic Plan’s inception on June 15, 2021, the City has either started, made substantial progress towards completion, or completed 60 of the 66 initiatives (Attachment 2).
BACKGROUND:
The City’s Strategic Plan was approved on June 15, 2021. The Strategic Plan was developed through a comprehensive public engagement process that included residents, each commission, and the City Council. The Strategic Plan includes three major goals:
Goal A - Our livable City is well-planned, attractive, and safe.
Goal B – Our connected City is engaged, informed, and technologically current.
Item: 10
219
Goal C – Our healthy City government is sustainable and well-run with committed people.
The Strategic Plan’s Implementation Matrix includes 66 initiatives that are assigned to one of the three goals. Each of these initiatives facilitate progress towards one of the goals.
DISCUSSION:
The City Manager’s Office administers the City’s Strategic Plan and periodically receives reports from departments to assess the progress made towards plan goals. Since the passage of the Strategic Plan on June 15, 2021, the City has either started, made substantial progress towards completing, or completed 60 of the 66 initiatives. The overall progress made on the Strategic Plan is illustrated in Attachment 1.
The City Manager’s Office has selected eight Strategic Plan initiatives to highlight for this quarterly report (Table 1).
Table 1: Year 2 Q2 Strategic Plan Quarterly Report
Initiative Description Update
SP#20 - Assess
Efficiency Updates to
Lighting Citywide
Comprehensively
assess lighting at City
facilities to determine if
LED retrofitting can
provide cost savings
and increase light
coverage.
All major City-owned assets
have been assessed. LED
conversions have either been
completed or are planned
projects.
SP#23 - Offer
Recreation that
Reflects the Interests
of the Community
Identify emerging
recreation, sport, and
activities that interest
the community, such as
pickleball tournaments.
Community Services has
expanded pickleball-related
offerings as community
interest for the sport has
increased. Staff plan to
conduct a comprehensive
review of all City
programming relative to
demographic trends and
community feedback in the
next Strategic Plan update.
Item: 10
220
Initiative Description Update
SP#36 - Literature
and Culture
Engage the community
with a storytelling
festival, author
presentations for all
ages, and reading
contests.
Storytelling festival held in
conjunction with
Spooktacular. Two author
speaking engagements
added at the Civic Center.
SP#55 - Modernize
Document Retention
Policies
Modernize the City's
document retention
policies. Emphasize
storage of electronic
records over hard
copies to preserve
physical space.
Update retention
timelines.
Comprehensive update to the
City document retention
policies is complete.
Retention timelines updated
and communicated to each
department.
SP#60 - Develop
Lake Forest
Succession Plan
Human resources to
develop a
comprehensive
succession plan that
includes training,
academy courses, job
shadowing, etc.
Succession planning exercise
conducted with senior staff.
Implementation of internal
mentorship program,
“THRIVE” employee well-
being program, and support
of professional development
opportunities for staff.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
1. Strategic Plan Implementation Matrix
2. Strategic Plan Year 2 Q2 Progress Report
Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Debra Rose, City Manager
Approved By: Debra Rose, City Manager
Item: 10
221
ATTACHMENT 1
Item 10
222
²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׃ׁ
Implementation Matrix
²ɈȲƊɈƵǐǞƧ§ǶƊȁ
Item 10
223
ׁׄ
Initiative
#/Title Initiative/Project Description
ׁح
׃ح
ׄح
ׅح
ׂ׆ح
Lake Forest
Transportation
Mitigation
Program
ׂح
wƵƊƮȌɩȺ
TraǏǏǞƧ
Mitigation
Program
Foothill
Circulation
Phasing Plan
New Traffic
Circulation/
Mobility Projects
Traffic Signal
Synchronization
Maintain “Good”
Pavement Condition
of the City’s Roads
Complete infrastructure projects that increase mobility and reduce congestion with Local IȌȲƵȺɈÀȲƊȁȺȯȌȲɈƊɈǞȌȁMitigation Ǐundspaid for by developments. - Lake Forest Rd & Rancho Pkwy (LFTM) (#PW 2020-06)
- El Toro Rd & Portola Pkwy/Santa Margarita Pkwy (LFTM) (# PW 2019-03) - Bake Pkwy & Irvine Blvd/Trabuco Rd (LFTM) (# PW 2019-02) - Bake Pkwy & Jeronimo Rd (LFTM) (# PW 2020-04)
- Lake Forest Dr & Jeronimo Rd (LFTM) (# PW 2020-03)
- Lake Forest Dr & Rockfield Blvd (LFTM) (# PW 2019-06)
- Los Alisos & Rockfield (LFTM) (# PW 2022-11)
- Lake Forest Dr & I-5 (LFTM/NITM) (# PW 2028-10)
- Bake Pkwy & Rockfield - not within City-limits (LFTM) (# PW 2028-11) Utilize developer-funded Foothill Circulation Phasing Plan (FCPP) to make various transpȌȲɈƊɈǞȌȁ improvements that reduce congestion and improve traffic flow. - Los Alisos Blvd/Muirlands Blvd Intersection Improvements (# PW 2019-07) - Jeronimo Rd Widening at El Toro Rd (# PW 2019-08)
- El Toro Rd Raised Medians from Jeronimo Rd to Trabuco Rd (# PW 2020-07) Projects which increase mobility and implement new approaches to traffic circulation. - Protective Permissive Left Turn Project (# PW 2023-03) - Audible Pedestrian Signals (APS) (# PW 2023-0ׂ)
Increase Bike Lanes in Lake Forest (# PW 2020-05B)
- Trabuco Rd Ascension Cemetery Left Turn Holding Pocket (# PW 2025-02) Utilize grants and other transpȌrɈation funds to complete traffic signal synchronization projects that provide more efficient traffic flow. - Alton Pkwy (# PW 2020-16)
- Portola Pkwy (# PW 2020-15)
- Rockfield Blvd (# PW 2023-04)
Use Meadows Traffic Improvement Funds (MTIF) to manage impacts related to the Meadows development.
- Bake Pkwy/Baffin Bay Intersection Improvements (# PW 2020-19) - Bake Pkwy/Toledo Way Intersection Improvements (# PW 2020-18) Construct pavement rehabilitation projects to repair and maintain the quality of the roads (# PW 2021-05A/B, # PW 2022-05A/B, # PW 2023-05A/B, # PW 2024-05A/B, # PW 2025-05A/B, # PW 2026-05A/B, # PW 2027-05A/B, # PW 2027ٌ8-05A/B).
Goal A Our livable City is well-planned, attractive, and safe.
Priority Area 1 - Well-Planned: Purposeful direction in land use and transportation planning create a community future generations will value.
Strategy (a): Prioritize initiatives to reduce traffic congestion, improve mobility, and manage on-street parking.
²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׁׅ
Lead
Department
Budget
Impact Fund Estimated Completion Date
Public
Works
Public
Works
Public
Works
Public
Works
Public
Works
Public
Works
$8,948,400
$2,475,000
$5,025,000
$1,415,000
$525,000
$28,000,000
LFTM/NITM
Meadows
Traffic
Improvement
Funds
General Fund/
CDBG/M2/SB1
Gas Tax,
AQMD, and
Grants
Measure M2 Fair
Share/ Gas Tax - Road
Maintenance
Rehabilitation Account
/ Gas Tax / City Road
Infrastructure Fund
FCCP
FY 2021-22 - FY 2025-26
FY 2021-22 - FY 2025-26
FY 2021-22 - FY 2023-24
FY 2021-22 - FY 2027-28
FY 2022-23 - FY 2023-24
FY 2022-23 - FY 2023-24
Item 10
224
׆ׁ
Initiative
#/Title Initiative/Project Description
׃׆ح
׆ح
ׇح
ح
׀ׁح
ׁׁح
ׁׂح
ׄ׆ح
׃ׁح
Arterial Median
Improvement
Project
Permit Parking
Software
General Plan
Implementation
Mixed-Use
Zoning
Housing Element
Update
Mandatory
Food Waste &
Commercial
Recycling
Mountain View
Affordable Housing
Project
Retail Attraction
Housing
Mandates
Installation of raised hardscaped medians would improve traffic safety. These locations include Trabuco Rd north of El Toro Rd, and on Rockfield Blvd south of Lake Forest Dr (# PW 2022-02).
Prepare objective design standards and development requirements to implement the Mixed-Use land designations included in the General Plan Update 2040. (ƵɨƵǶȌȯƊȁƮǞǿȯǶƵǿƵȁɈȯȲȌǐȲƊǿȺɈȌȯȲȌǿȌɈƵƵȁƵȲǐɯƧȌȁȺƵȲɨƊɈǞȌȁǞȁƧȌȁȺɈȲɐƧɈǞȌȁ §ȲȌƧɐȲƵƊƧȌȁȺɐǶɈƊȁɈɈȌƊȺȺǞȺɈɩǞɈǘǞǿȯǶƵǿƵȁɈǞȁǐƵȁƵȲǐɯ خ
Utilize grant funding to update required General Plan Element that provides analysis of housing needs and identifies sites to accommodate housing for all residents regardless of income (RHNA).
Develop SB 1383 compliant program. Provide organic waste collection for all residents and businesses, establish edible food recovery program, conduct public outreach and education, adopt an organics diversion ordinance with enforceable mechanisms, and adopt procurement policy that includes the use of recycled organics materials.
Work with City consultant(s) to retain and enhance business attraction services.
Mobile app to efficiently administer and enforce permit parking while improving resident experience for annual renewal and guest passes.
Develop public engagement plan related to the National CORE affordable housing development.
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خ
Strategy (a): Prioritize initiatives to reduce traffic congestion, improve mobility, and manage on-street parking.
Strategy (b): Develop and implement initiatives that leverage changes in retail shopping preferences, telecommuting, and technology.
Strategy (c): Ensure that economic and housing initiatives provide opportunities for all residents.
Strategy (d): Strategically accommodate State mandates to ensure the highest level of local control, community involvement, and organizational effectiveness.
Strategy (e): Maintain business attraction services to bring new retail stores to the city. ²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׇׁ
Lead
Department
Budget
Impact Fund Estimated Completion Date
Public
Works
Public
Works
Public
Works/
Management
Services
Management
Services/
City Manager
Community
Development
Community
Development
Community
Development
Community
Development
Economic
Development
$225,000
$10,000
$75,000
$94,000
$15,000
$20,000
$3,000
Staff
Resources
$120,000
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
Gas Tax
General Fund
(Reimbursed through
LEAP Grant)
General Fund
(Reimbursed through
LEAP Grant)
FY 2023-24
FY 2022-23
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
On-going
Item 10
225
ׁ
Initiative
#/Title Initiative/Project Description
ׅ׆ح
ׁׄح
ׁׅح
׆ׁح
ׇׁح
ׁح
ׁح
׆׆ح
Restaurant
Recovery
Citywide Street
Sign Refresh
Southwest
Lake Forest
Neighborhood
Task Force
Noise Ordinance
Update
Arbor Mini Parks
Park
Enhancements
Neighborhood
Park Renovations
- Phase 3
Open for Business
Campaign
Develop funding program to assist restaurants with economic recovery.
Create new street name sign design and replace street signs citywide, beginning in southwest Lake Forest (# PW 2021-06 and # PW 2022-06).
Interdepartmental task force to address neighborhood concerns identified in the January 2021 Community Satisfaction Study.
Renovate Lake Forest Park and the Nature Park based upon a community input process (# PW 2023-06).
Develop and implement noise mitigation strategies to protect residents from excessive exposure to noise.
Reactivate Arbor Mini Parks through new uses, perimeter fencing, and new landscape (# PW 2019-17).
Facilitate outdoor dining through local zoning and programs that support and promote open-air, take-out, and delivery options.
Strategy (f): Develop and implement initiatives to address negative economic impacts caused by COVID-19.
Strategy (a): Enhance the City’s overall visual character, maintain City assets, and proactively reinvest in Lake Forest.
Strategy (b): Consistently invest in the City’s park system.
Priority Area 2 - Attractive: Investment and maintenance in public facilities, infrastructure, and natural resources enhances visual character of the City and supports quality neighborhoods.
Complete various significant maintenance or enhancement projects to retain the high quality of the City’s park facilities.
- Playground Resurfacing Projects (# PW 2021-08)
- Heroes Park Electrical Repairs and LED/Efficiency Upgrades (# PW 2022-08) - El Toro Lodge Pole Fencing Repairs (# PW 2021-09)
- Park Gazebo Repair & Replacement (# PW 2022-09)
- Replace synthetic fields installed in 2014 at the Lake Forest Sports Park (# PW 2024-02) ²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׁ
Lead
Department
Budget
Impact Fund Estimated Completion Date
Economic
Development
City Manager/
Community
Development/
Public Works
Economic
Development
Community
Development
Public
Works
Public
Works
Public
Works
Staff
Resources
$70,000
$820,000
$600,000
$2,220,000
$75,000
TBD/$300k
Staff
Resources
General Fund/
TBD
General Fund/
CDBG/Prop 68
Park
Development Fund
General Fund
General Fund
General Fund
General Fund
General Fund
FY ׃ׂׂׂٌ׀ׂ
FY 2023-24
FY 2024-25
FY 2021-22
FY 2021-22
FY 2021-22 - FY 2024-25
FY 2021-22
FY 2022-23
Public
Works
Item 10
226
׀ׂ
׀ׂح
ׂׄح
ׇׂح
ׁׂح
ׂׅح
ׂح
ׂح9
ح
׆ׂح
ׂׂح
׃ׂح
Assess Efficiency
Updates to
Lighting Citywide
Increase Law
Enforcement Contract
by Adding Two
Deputy Sheriffs
Neighborhood
Watch
Revamp Lake
Forest Leadership
Academy
Community Choice
Aggregation
Community
Engagement Project
Lake Forest
Geofence
Business Watch
Broadband
Feasibility Study
“Stay Safe Lake
Forest” Campaign
Craft Show and
Art Fair
Offer Recreation that
Reflects the Interests
of the Community
Comprehensively assess lighting at City facilities to determine if LED retrofitting can provide cost savings and increase light coverage.
Add two full-service deputies to the City’s contract with OCSD (first year costs: $800,000, ongoing costs: $600,000.
Increase participation and effectiveness of the neighborhood watch program.
Implement the City’s CCA Community Engagement Plan to help determine the City’s interest in pursuing CCA.
Expand the use of the City’s Automatic License Plate Reader System Cameras by adding cameras at major arterial intersections or high traffic areas near city borders.
Work in conjunction with OCSD to bolster/enhance OCSD’s business watch program for Lake Forest.
Launch an updated version of the Lake Forest Leadership Academy that includes modules for neighborhood watch, business watch, and homelessness.
Continue public education initiatives to maintain a low crime rate in the City such as ²ɈƊɯSafe Lake Forest, a series of community seminars to educate residents on crime prevention/safety.
Identify emerging recreation, sports, and activities that interest the community, such as pickleball tournaments.
Procure consultant to conduct feasibility study related to a City-led broadband initiative.
Strategy (c): Evaluate future options for the City’s infrastructure and utility resources.
Strategy (a): Maintain a low crime rate in a cost-effective manner.
Strategy (b): Maintain public safety by engaging community members.
Strategy (d): Provide civic and recreational opportunities appealing to community demographics.
Transform Community Center into boutique for crafts by Lake Forest artists and crafters.
Priority Area 3 - Safe: Excellent public safety efforts maintain a family-friendly environment and high quality of life.
Initiative
#/Title Initiative/Project Description
²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׁׂ
City Manager/
Economic
Development
Police Services
City Manager
Management
Services
Management
Services
Management
Services
Management
Services
$20,500
$80,000
$3,000
TBD
TBD
$85,000 (est.)
$0
$565,000
$800,000
Staff
Resources
Staff
Resources
General Fund
General Fund
General Fund
General Fund/
TBD
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
FY 2023-24
TBA
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
FY 2022-2023
FY 2021-22
FY 2021-22
FY 2021-22 & FY 2022-23
Public
Works
City Manager
Police Services
Police Services
Lead
Department
Budget
Impact Fund Estimated Completion Date
Item 10
227
ׂׂ
׀׃ح
ׁ׃ح
ׂ׃ح
Local Hazard
Mitigation Plan
City AM
1690 Radio
Comprehensive
Emergency
Management Plan
Identify risks and vulnerability associated with natural disasters and develop long-term strategies for protecting people and property from future hazards.
Establish AM radio station to communicate with residents during wildfires or other emergency events. Emphasis on emergency preparedness.
Procure consultant services to produce a new, comprehensive emergency management plan.
Strategy (c): Develop comprehensive emergency management strategies that prepare the City to respond effectively to unpredictable events.
Initiative
#/Title
Initiative
#/Title
Initiative/Project Description
Initiative/Project Description
׃׃ح
ׄ׃ح
ׅ׃ح
׆׃ح
ׇ׃ح
׃ح
Explore Emerging
Technology
to Increase
Communication
New Website
2021 4th of July
Fireworks Show &
Summer Concert
Series
Lake Forest Sports
Park Tournaments
Resident-Led
Emergency
Preparedness
Literature and
Culture
Explore the use of new technologies to communicate with residents and businesses to encourage two-way connectivity.
Bring the community together to celebrate the 4th of July with a concert and fireworks show and reinstitute the City’s summer concert series.
Engage the community with a storytelling festival, author presentations for all ages, and reading contests.
Train graduates of CERT basic class to lead CERT program and launch Lake Forest amateur radio operators bimonthly meeting.
Increase number of tournaments from 11 to 24 annually.
Launch new City website.
Goal B
Our connected city is engaged, informed, and
technologically current.
Priority Area 1 - Engaged: Outreach, creative events, and programs inspire connection and engagement between the community and City government.
Strategy (a): Maintain a communications and marketing strategy, including two-way communication that enhances community engagement.
Strategy (b): Reinvigorate civic life in the post-COVID-19 environment via special events and programs.
²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ
׃ׂ
75,000
$3,000
$250,000
General Fund
General Fund
General Fund/
TBD
FY 2022-23
On-going
FY 2021-22
Community
Development
Management
Services
Management
Services
Management
Services
Management
Services
Management
Services
Management
Services
Management
Services
Management
Services
Lead
Department
Lead
Department
Budget
Impact
Budget
Impact
Fund
Fund
Estimated Completion Date
Estimated Completion Date
Staff
Resources
$65,000
$154,000
$5,000
TBD
$500
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
Item 10
228
ׂׄ
׃ح
׃ׄح
ׄׄح
׀ׄح
ׁׄح
ׂׄح
Accessibility
Enhancements
Broadcast City
Commission
Meetings on LFTV
Expand “Pop Up”
City Hall
Lake Forest TV
Performing Arts
Advisory Committee
Redistricting
Expand and preserve access to City Hall by analyzing how Census data may impact resident communication, increase disability accommodations, and provide other services to ensure broad community participation.
Broadcast all commission meetings on LFTV, enabling all residents to view proceedings on COX ch. 851.
Transition from ad hoc “Pop Up City Hall” events to a regularly scheduled “Pop Up City Hall” allowing for promotion via the Leaflet.
Launch Lake Forest TV and develop content to increase opportunities for residents to learn about the City’s decision-making processes.
Form an advisory committee to the Community Services Commission to build upon the use ȌǏthe City’s Performing Arts Center.
Engage the community in the redistricting process based upon 2020 US Census.
Strategy (c): ȺƮƵƧǞȺǞȌȁǿƊDzǞȁǐȯȲȌƧƵȺȺȲƵǿƊǞȁȺƊƧƧƵȺȺǞƦǶƵɈȌƊǶǶ خ
Strategy (a): خ
Priority Area 2 - Informed: ÀȲƊȁȺȯƊȲƵȁƧɯƊƦȌɐɈƮƵƧǞȺǞȌȁǿƊDzǞȁǐƊȁƮ خ
Initiative
#/Title Initiative/Project Description
ׅׄح
׆ׄح
Measure Quality of
Services and Programs
Lake Forest Leadership
Academy -
Graduate Course
Continue biennial Community Satisfaction Study and utilize new technology to perform ad hoc surveys as needed.
Develop a graduate/continuing studies version of the Lake Forest Citizens’ Leadership Academy with an increased focus on important issues and to maintain resident “goodwill ambassadors.”
Strategy (b): Involve the public in measuring the quality and effectiveness in services delivered by the city.
ׇׄح
ׄح
ׄح
Asset Inventory &
Management System
Financial
Management System
Document Imaging
and Storage System
The City will procure a consultant to conduct an inventory and condition assessment of city owned assets in developǞȁǐan Asset Management Plan.
Procure a new document retention system to increase public access to City records.
Procure and implement a financial management system (ERP) to modernize financial practices and provide opportunities for resident self-service access to City services.
Strategy (a): Enhance efficiencies and services through technology.
Priority Area 3. Technologically Current: Innovative technologies enhance organizational efficiency and help our community.
²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׂׅ
City Clerk
City Clerk
Management
Services
Management
Services
Management
Services
Management
Services
TBD
TBD
$3,900
$70,000
$1,000
$2,000
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
FY 2023-24
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
Lead
Department
Budget
Impact Fund Estimated Completion Date
Management
Services
Management
Services
$48,900
$1,200
General Fund
General Fund
FY 2022-23
FY 2022-23
General Fund
Finance
Finance
City Clerk
$450,000
$100,000
$300,000 General
Fund/TBD
General
Fund/TBD
FY 2022-23
FY 2022-23
FY 2022-23
Item 10
229
׆ׂ
Initiative
#/Title Initiative/Project Description
׀ׅح
ׁׅح
Strategy for “One
Time” Revenue
General Fund
Risk Reserve
Policy Update
Develop a strategy or policy with Audit Committee for determining how to appropriate one-time revenues (development fees, stimulus funds, etc.).
Update the City’s risk-based reserves policy to reflect long-term strategic planning goals.
Goal C
Our healthy city government is sustainable and well-run with committed people.
Priority Area 1 - Sustainable: Responsible financial policies and prudent decisions provide short-term fiscal stability and long-term financial health.
Strategy (a): Implement Financial Management and Budgetary Policy to maintain the financial integrity of the city.
ׂׅح
׃ׅح
Biennial Fee
Study
Implement “1%
Review”
Conduct a comparative analysis of City of Lake Forest fees vs fees chargeƮ for similar services Ǟȁ nearby communities.
Annually review certain services that obligate at least 1% of General Fund budget.
Strategy (b): Operate according to policy on cost recovery.
Strategy (c): Analyze major programs to identify potential cost savings and manage future costs.
ׅׄح
׆ׅح
ׅׅح
ׇׅح
Comprehensive
Update to
Purchasing Policies
Contract Staffing
Policy
Modernize
Document
Retention Policies
Implement
Telecommuting
Policy
Update the City’s Purchasing Policies and increase staff training to accurately identify contract scope to match services needed. Improve procurement document strategy.
Develop and implement policies that preserve the City’s ability to effectively manage services provided by contract staff.
Modernize the City’s document retention policies. Emphasize storage of electronic records over hard copies to preserve physical space. Update retention timelines.
Develop and implement a policy to facilitate telecommuting for select job classifications. Policy will include performance measurement framework.
Priority Area 2 - Well-Run: JȌȌƮǐȌɨƵȲȁƊȁƧƵƊȁƮȯȲȌǏƵȺȺǞȌȁƊǶǿƊȁƊǐƵǿƵȁɈ خ
Strategy (a): Continuously improve our effectiveness in procuring and managing financially sustainable contract services.
Strategy (b): Implement modern workplace policies that cultivate an effective, efficient workforce.
²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׇׂ
City Manager/
Finance
Finance
Lead
Department
Budget
Impact Fund Estimated Completion Date
Staff
Resources
Staff
Resources
General Fund
General Fund
FY 2021-22
FY 2021-22
Finance
City Manager
$49,500
Staff
Resources
General Fund
General Fund
FY 2020-21 - FY 2024-25
FY 2021-22, On-going
City Manager
City Clerk
ش
wƊȁƊǐƵǿƵȁɈ
²ƵȲɨǞƧƵȺ
Staff
Resources
Staff
Resources
Management
Services
TBD
TBD
General Fund
General Fund
General Fund
General Fund
FY 2021-22
FY 2022-23
FY 2024-25
FY 202ׁ2ׂ
Item 10
230
28 SP#58
Lake Forest
Employee
Retention Program
Develop programs related to employee retention, including “stay” interviews, “ladder” promotion opportunities, and an employee satisfaction survey.
Strategy (a): Professionally develop and retain staff to match skills with organizational and community needs.
Priority Area 3- Committed People: Talented staff and contractors are vital assets to our organization and essential to effective and efficient City operations.
Initiative
#/Title Initiative/Project Description
SP#59
SP#60
SP#61
Join Team Lake
Forest
Develop
Lake Forest
Succession Plan
Biennial
Classification and
Compensation Plan
Market Lake Forest as a top notch employer, emphasizing modern facilities, innovate public sector compensation system, and succession planning.
Human Resources to implement a biennial classification and compensation study to (a) assess the staffing needs of the organization and (b) meet those staffing needs with competitive compensation plans.
Human resources to develop a comprehensive succession plan that includes training, academy courses, job shadowing, etc.
Strategy (b): Continuously assess the optimal staffing levels required to provide in- demand services to residents and businesses.
City of Lake Forest | Strategic Business Plan 29
$5,000Management
Services General Fund FY 2021-22
Management
Services
Management
Services
Management
Services
Lead
Department
Budget
Impact Fund Estimated Completion Date
Staff
Resources
Staff
Resources
$30,000 (for
full study)
General Fund
General Fund
General Fund
FY 2020-21
FY 2022-23
FY 2022-23 & FY 2024-25
Item 10
231
ATTACHMENT 2
Item: 10
232
Goal Initiative # Department Initiative Title Progress Q2 Y2 (Q6) A SP#1 Public Works Lake Forest Transportation Mitigation Program Substantial Progress A SP#2 Public Works Meadows Traffic Mitigation Program Substantial Progress A SP#3 Public Works Foothill Circulation Phasing Plan Started A SP#4 Public Works New Traffic Circulation/Mobility Projects Substantial Progress A SP#5 Public Works Traffic Signal Synchronization Substantial Progress A SP#62 Public Works Maintain "Good" Pavement Condition of the City's Roads Substantial Progress A SP#63 Public Works Arterial Median Improvement Project Substantial Progress A SP#6 Public Works Permit Parking Software Substantial Progress A SP#7 Community Development General Plan Implementation Anticipated start Early 2023 A SP#8 Community Development Mixed ‐Use Zoning Complete A SP#10 Community Development Housing Element Update Complete A SP#11
Public Works/Management
Services Mandatory Food Waste & Commercial Recycling Complete A SP#12
Management Services/City
Manager Mountain View Affordable Housing Project Complete A SP#13 Community Development Housing Mandates Complete A SP#64 Economic Development Retail Attraction Complete A SP#65 Economic Development Restaurant Recovery Complete A SP#66 Economic Development Open for Business Campaign Substantial Progress A SP#14 Public Works Citywide Street Sign Refresh Substantial Progress A SP#15 City Manager Southwest Lake Forest Neighborhood Task Force Complete A SP#16 Community Development Noise Ordinance Update Started A SP#17 Public Works Arbor Mini Parks Substantial Progress A SP#18 Public Works Park Enhancements Substantial Progress A SP#19 Public Works Neighborhood Park Renovations ‐ Phase 3 Anticipated Start 2024 A SP#20 Public Works Assess Efficiency Updates to Lighting Citywide Complete A SP#21
City Manager/ Economic
Development Community Choice Aggregation Community Engagement Project Complete A SP#9 City Manager Broadband Feasibility Study Temporary Hold A SP#22 Management Services Craft Show and Art Fair Complete A SP#23 Management Services Offer Recreation that Reflects the Interests of the Community Complete A SP#24 City Manager Increase Law Enforcement Contract by Adding Two Deputy Sheriffs Anticipated Start Aug 2022 A SP#25 Police Services Lake Forest Geofence Substantial Progress A SP#26 Management Services "Stay Safe Lake Forest" Campaign Substantial Progress A SP#27 Police Services Neighborhood Watch Substantial Progress A SP#28 Police Services Business Watch Substantial Progress A SP#29 Management Services Revamp Lake Forest Leadership Academy Complete A SP#30 Community Development Local Hazard Mitigation Plan Substantial Progress A SP#31 Management Services City AM 1690 Radio Complete Item: 10
233
A SP#32 Management Services Comprehensive Emergency Management Plan Complete B SP#33 Management Services Explore Emerging Technology to Increase Communication Complete B SP#34 Management Services New Website Complete
B SP#35 Management Services 2021 4th of July Fireworks Show & Summer Concert Series Complete B SP#36 Management Services Literature and Culture Complete B SP#37 Management Services Lake Forest Sports Park Tournaments Complete B SP#38 Management Services Resident‐Led Emergency Preparedness Substantial Progress B SP#39 City Clerk Accessibility Enhancements Substantial Progress B SP#40 Management Services Lake Forest TV Complete
B SP#41 Management Services Performing Arts Advisory Committee Complete B SP#42 City Clerk Redistricting Complete
B SP#43 Management Services Broadcast City Commission Meetings on LFTV Complete B SP#44 Management Services Expand "Pop Up" City Hall Complete B SP#45 Management Services Measure Quality of Services and Programs Substantial Progress B SP#46 Management Services Lake Forest Leadership' Academy ‐ Graduate Course Anticipated start Late 2022/Early 2023 B SP#47 Finance Asset Inventory & Management System Substantial Progress B SP#48 Finance Financial Management System Substantial Progress B SP#49 City Clerk Document Imaging and Storage System Substantial Progress C SP#50 City Manager/Finance Strategy for "One Time" Revenue Anticipated start FY 2022‐23 C
SP#51 Finance General Fund Risk Reserve Policy Update Started C SP#52 Finance Biennial Fee Study Started
C SP#53 City Manager Implement "1% Review" Complete
C SP#54 City Manager Comprehensive Update to Purchasing Policies Complete C SP#55 City Clerk Modernize Document Retention Policies Complete C SP#56 Management Services Contract Staffing Policy Started C SP#57
City Manager/ Management
Services Implement Telecommuting Policy Complete
C SP#58 Management Services Lake Forest Employee Retention Program Complete C SP#59 Management Services Join Team Lake Forest Complete C SP#60 Management Services Develop Lake Forest Succession Plan Complete C SP#61 Management Services Biennial Classification and Compensation Plan Complete Item: 10
234
Goal AG o a l BG o a l C
Complete 15 10 8
Substantial Progress 16 5 0
Started 213
Not Started 411
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Goal Progress to Date
Item: 10
235
Q1 Q2 Q3 Q4 Q5 Q5
Complete 6 1 01 42 22 83 3
Substantial Progress 18 19 25 23 24 21
Started 23 23 16 12 4 6
Not Started/On Hold 19 14 11 9 10 6
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Overall Progress (Quarterly Progress)
Item: 10
236
CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/17/2023
DEPARTMENT: City Manager
SUBJECT:
LEGISLATIVE PLATFORM FOR 2023
RECOMMENDED ACTION(S):
That the City Council adopt the proposed 2023 Legislative Platform.
EXECUTIVE SUMMARY:
Every year, the City adopts a Legislative Platform to provide broad policy direction to staff. This information is used by the City Manager’s Office to administer the City’s legislative advocacy program, which includes evaluating legislative proposals and providing recommendations for the City Council. The Legislative Platform also provides staff with direction to take more immediate action in the event it is necessary to respond to a legislative proposal prior to receiving City Council direction. This is more common toward the end of the legislative session with “gut and amend” bills or trailer bills introduced concurrently with the State’s budget adoption process. Staff is recommending the City Council adopt the proposed 2023 Legislative Platform (Attachment 1) substantially in the form attached.
BACKGROUND:
The City has adopted a legislative platform as part of its legislative advocacy program. In adopting the legislative platform, the City Council authorizes a menu of policy directives that advance the City’s interests. Historically, policy directives have included the opposition of new legislation that restricts the City’s home rule authority, the imposition of unfunded mandates, and the diminishment of the City’s financial autonomy.
Upon adoption of the legislative platform, staff track bills proposed in the California legislature that are inconsistent with the City’s policy preferences.
Then, staff author position letters (in support or opposition) that are signed by the mayor and delivered to State legislators associated with the proposed bill(s).
Often times, position letters from numerous California cities are aggregated by the League of California Cities (“CalCities”) to strengthen the impact of the Item: 11
237
message. The legislative platform also directs staff to craft position letters pursuant to the CalCities action agenda (Attachment 2).
During the 2022 Legislative Session, staff authored numerous position letters related to housing and land use, park regulations, accessory dwelling units (“ADU’s”), organic waste management, workers’ compensation regulations, and multi-modal transportation.
DISCUSSION:
If approved, staff will craft position letters consistent with the 2023 Legislative Platform in accordance with the State’s legislative schedule for 2023 (Attachment 3). The attached draft 2023 Legislative Platform includes all of the policies adopted in the 2022 Legislative Platform, with one minor change. This change is described below.
Current Policy Guideline #21:
The City supports maximum flexibility with regard to expending grant funds that address economic recovery associated with COVID-19.
Proposed Policy Guideline #21:
The City supports maximum flexibility with regard to expending grant funds that address economic recovery associated with public health declarations, natural disasters, and other emergencies.
Staff propose this change due to the mitigation of COVID-19 since the adoption of the 2022 Legislative Platform. However, while COVID-19 is no longer an acute threat, the City would still benefit from streamlined intergovernmental financial support for future public health declarations, natural disasters, and other emergencies. Intergovernmental funding is typically a critical component of how municipalities respond to crises. And, like the COVID-19 pandemic response, the ability for municipalities to respond timely is important. As a result, staff recommends the City Council continue to support streamlined intergovernmental funding in the event of emergencies so the City’s response can be timely and effective.
Subject to further direction from the City Council, staff would implement City advocacy efforts over the next year consistent with policy objectives identified in the draft 2023 Legislative Platform. During the year, staff will bring legislative proposals before the City Council and recommend specific policy positions as appropriate.
Item: 11
238
The City Manager’s Office will continue to exercise day-to-day oversight of legislative matters. In addition to coordinating formal action through the City Council, the Assistant to the City Manager will administer the City’s legislative advocacy program by performing the following functions:
▪Continue to work with the City’s Management Team and other staff to identify matters of legislative importance and develop positions on federal and state legislative proposals and general matters of legislative interest. ▪Communicate matters of legislative importance to the City Council through periodic updates, and identify and coordinate positions for formal action by the City Council
▪Review positions and analysis conducted by the League of California Cities and other government/professional associations when formulating positions.
▪Monitor and track key bills through the legislative process. ▪Communicate the City’s positions to federal, state, and county legislators. ▪Participate as needed in the drafting and amending of legislative proposals that significantly impact the City.
▪Work with CalCities and other cities and local government/professional associations on legislative matters of mutual concern.
▪Participate and attend legislative briefings and meetings to actively engage and stay apprised of legislative trends and upcoming legislation.
Approval of the draft 2023 Legislative Platform would continue the practice of responding to legislative proposals as follows: (1) once a determination has been made that a legislative proposal may impact the City, a letter outlining the City’s position (support, neutral, or oppose) will be drafted for the Mayor’s signature; (2) the draft position letter will be agendized for City Council approval at a City Council meeting; (3) if the letter is approved, staff will finalize the position letter and forward it to the bill’s author, the League of California Cities, and other stakeholders as deemed appropriate; and (4) a copy of the final letter will be distributed to the City Council.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
Item: 11
239
ATTACHMENTS:
1. Draft 2023 Legislative Platform
2. CalCities Action Agenda
3. 2023 Legislative Calendar
Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Debra Rose, City Manager
Approved By: Debra Rose, City Manager
Item: 11
240
ATTACHMENT 1
Item: 11
241
CITY OF LAKE FOREST
2023 LEGISLATIVE PLATFORM
(Draft)
The Legislative Platform (“Platform”) defines the City’s Policy guidelines and provides the foundation for advocacy efforts at the federal, state, and local levels.
Staff uses this Platform to identify relevant topic areas and subject matter, and makes recommendations to the City Council on specific legislation consistent with the policy guidelines. Additionally, in the event it is necessary for the City to respond to a legislative proposal in a timeframe that does not allow the City Council to take formal action, staff would express positions on bills in accordance with these guidelines, and then seek City Council direction at the appropriate time.
Po
licy Guidelines:
1. The City supports legislation that leads to greater financial independence from f
ederal, state and/or county government, and protects local resources from seizure by federal, state and/or county agencies.
2. The City supports legislation maintaining maximum local flexibility in all areas o
f its responsibility and operations and opposes legislation that imposes intrusive, unnecessary or unfunded state-imposed mandates or preempts local a
uthority.
3. The City supports legislation that advocates fair and proportionate r
epresentation on countywide and regional boards.
4. The City supports modification to the California Environmental Quality Act (“CEQA”)
to eliminate duplicative and unnecessary provisions of the existing law.
5. The City supports efforts to reestablish the authority and financing capability pre
viously afforded to local governments by redevelopment through legislation designed to support businesses through economic development and the City supports efforts to facilitate economic development efforts that enhanc e
op
portunities for local businesses.
6. The City supports legislative efforts that would amend existing law to ensure th
at prevailing wage rates do not impede its ability to pursue small-dollar projects and lower operating costs.
Item: 11
242
7. The City supports efforts to amend the current occupancy calculation in the Uniform Housing Code (“UHC”) to achieve a more reasonable standard, thereby, improving the health, safety, and residential character of our community.
8. The City supports efforts, at both the federal and state level, to provide local agencies with regulatory tools related to short-term rentals and other uses in residential areas that have the ability to affect the quality of life.
9. The City supports bills that would lower taxation rates for businesses and residents.
10. The City supports religious freedom and legislation protecting religious freedom at both the state and federal level.
11. The City opposes legislation or policies that limit the type and or number of clean, renewable, sustainable energy sources available to consumers.
12. The City opposes legislation that makes the City more dependent on federal, state, and/or county government or agencies for policy direction.
13. The City opposes any legislation that is inconsistent with the doctrine of home rule, interferes with local exercise of police powers over local land use, or requires a federal, state, and/or county entity to develop model planning practices and policies.
14. The City opposes legislation or ballot initiatives that would alter the legislative intent of Proposition 13, including a split real-property tax roll that would affect commercial property and any amendment that would affect residential property.
15. The City opposes legislation to create new financial burdens or erode public safety through realignment implementation.
16. The City opposes legislation to limit the City’s ability to contract for municipal services.
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17. The City opposes legislation that seeks to impede the construction Portola Parkway and the construction of Foothill-South, the proposed extension of the 241 Toll Road south to the 1-5 near San Clemente.
18. The City Council opposes efforts by the State Legislature to assess taxes on public goods and services such as water and electricity.
19. The City opposes legislation that would lower the vote threshold as a method to impose new taxes or create new financing opportunities.
20. The City supports legislative efforts that reduce or delay the financial and compliance impacts of State-mandated organics recycling.
21. The City supports maximum flexibility with regard to expending grant funds that address economic recovery associated with COVID-19 public health declarations, natural disasters, and other emergencies.
22. The City will take into consideration the strategic goals adopted by the League of California Cities.
23. Staff is authorized to continue to advocate a position for a bill which has been amended into a new bill number as long as the language and intent remain substantially unchanged.
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ATTACHMENT 2
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League of California Cities 2023 Advocacy Priorities
1. Protect and expand investments to prevent and reduce homelessness. Secure sustainable state funding that bolsters cities’ efforts to support individuals experiencing, or at risk of, homelessness. While protecting existing resources, strengthen state and local partnerships to connect individuals with the care they need through coordinated care systems that provide access to wraparound services, including mental health and substance use treatment.
2. Increase the supply and affordability of housing while retaining local decision- making. Secure long-term, sustainable funding tools for cities to jumpstart the construction of housing at all income levels and ensure cities retain flexibility to achieve local and state housing goals.
3. Improve public safety in California communities. Pursue strategies and resources to address crime and its underlying causes. Partner with all levels of government and diverse organizations to improve community safety through prevention and early intervention programming, workforce recruitment and retention, and improved re- entry services.
4. Safeguard essential local revenues and support fiscal sustainability. Protect, increase, and modernize revenue streams for local priorities. Oppose efforts that would reduce or eliminate funding for cities, including unfunded mandates.
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ATTACHMENT 3
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2023 TENTATIVE LEGISLATIVE CALENDAR
COMPILED BY THE OFFICE OF THE ASSEMBLY CHIEF CLERK AND THE OFFICE OF THE SECRETARY OF THE SENATE Revised 11-4-22
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