AGENDA
LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, April 4, 2023
Closed Session 5:30 p.m.
Public Session 6:30 p.m.
City Council Chambers, 100 Civic Center Drive, Lake Forest, California NOTICE: Pursuant to Lake Forest Municipal Code Section 2.04.010, Regular Meetings of the City Council are held the First and Third Tuesday of each month at the hour of 5:30 p.m. for Closed Session matters, if required.
The Public Session of the meeting shall commence at 6:30 p.m. or as soon thereafter as possible. Special Meeting times may be held at a different time and date as listed on the Agenda.
AGENDA DOCUMENT REVIEW: The Agenda and staff reports are available on the Internet at https://www.lakeforestca.gov/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.
April 4, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 1 Council Members:
Mayor Pro Tem:
Mayor:
City Manager:
City Attorney:
City Clerk:
Robert Pequeño
Scott Voigts
Benjamin Yu
Mark Tettemer
Doug Cirbo
Debra Rose
Matthew E. Richardson
Lisa Berglund
CLOSED SESSION PUBLIC COMMENT:
CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session. At this time, members of the public may address the City Council regarding any items listed on the Closed Session agenda. No action may be taken on items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per item. Any person wishing to address the City Council on a Closed Session matter is requested to complete a "Request to Speak" form available at agenda public review table near the entrance. The completed form is to be submitted to the City Clerk prior to an individual being heard by the City Council. Whenever possible, lengthy testimony should be presented to the City Council in writing (8 copies) and only pertinent points presented orally.
CLOSED SESSION (Item Nos. 1 – 2)
CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session.
1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(D)(2) NUMBER
OF POTENTIAL CASES: 1
RECOMMENDED ACTION: Conduct closed session.
2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(D)(4)
NUMBER OF POTENTIAL CASES: 1
RECOMMENDED ACTION: Conduct closed session.
RECESS: City Council will recess to Closed Session for the purpose of April 4, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 2 CALL TO ORDER: 5:30 p.m.
conducting regular City business.
RECONVENE: City Council will reconvene to continue regular City business.
PUBLIC SESSION: 6:30 p.m.
PUBLIC SESSION: At this time, the City Council will convene to consider public matters. Those wishing to address the City Council must submit a completed “Request to Speak” form to the City Clerk prior to City Council action.
INVOCATION: The Invocation will be provided by Dr. Loujan Matin, Baha’i Community of Lake Forest.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Council Member Yu.
CLOSED SESSION REPORT: City Attorney will report on Closed Session.
REPORT FROM STUDENT LIAISON: Report from Sam Quiambao, Student Liaison from El Toro High School.
PRESENTATIONS (Item Nos. 3 – 4)
3. SHERIFF'S TEAM OF ACTIVE RETIRED SENIORS
RECOMMENDED ACTION: Present Certificates of Recognition to members of the Lake Forest Sheriff's Team of Active Retired Seniors
4. INTRODUCTION OF CHIEF OF LAKE FOREST POLICE SERVICES
OCSD CAPTAIN CHRISTINE BERRYMAN
RECOMMENDED ACTION: Receive Presentation.
April 4, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 3
PUBLIC COMMENTS
Members of the public can submit an e-comment to [email protected]. E-comments will not be read at the meeting.
Members of the public may also provide comments in-person at the meeting or remotely. Those wishing to provide comments in- person at the meeting will be asked to submit a request to speak to the City Clerk.
CONSENT CALENDAR (Item Nos. 5 – 11)
All matters listed under the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request specific items be removed from the Consent Calendar for separate action.
5. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES RECOMMENDED ACTION: Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
6. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 21, 2023
RECOMMENDED ACTION: Approve as submitted.
7. CERTIFICATION OF WARRANT REGISTER
RECOMMENDED ACTION: Approve the warrant register in the amount of $6,350,219.21.
8. SECOND AMENDMENT TO THE AGREEMENT WITH CROWN FACILITY
SOLUTIONS TO PROVIDE CUSTODIAL MAINTENANCE SERVICES AT
THE LAKE FOREST SPORTS PARK
RECOMMENDED ACTION: 1. Approve the Second Amendment to the Agreement for Maintenance Services with Crown Facility Solutions to provide custodial maintenance services at the Lake Forest Sports Park. 2.
Authorize the Mayor to sign, and the City Clerk to attest, the Second Amendment to the Agreement with Crown Facility Solutions, substantially in the form attached.
April 4, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 4
9. COOPER ATIVE AGREEMENT TO FUND TOTAL MAXIMUM DAILY LOAD
PROGRAMS AND RELATED ACTIVITIES IN THE NEWPORT BAY
WATERSHED, AGREEMENT NO. MA-08-23010376
RECOMMENDED ACTION: 1. Approve Cooperative Agreement to Fund Total Maximum Daily Load Programs and Related Activities in the Newport Bay Watershed, substantially in the form attached. 2. Authorize the Mayor to sign and the City Clerk to attest to the Agreement.
10. NOTICE OF COMPLETION FOR THE SAFE STEP IMPROVEMENT
PROJECT PW 2021-02
RECOMMENDED ACTION: 1. Find that All Cities Engineering, Inc. has completed construction of the Safe Step Improvement Project (PW 2021-02). 2. Approve the Notice of Completion and authorize the Mayor to execute the document on behalf of the City. 3. Authorize the City Clerk to submit the Notice of Completion for recordation to the Office of the County Recorder of Orange County within fifteen days of City Council approval, as required by Section 9204 of the California Civil Code. 4. Authorize staff to release any unencumbered retention in accordance with California law.
11. CHANGE ORDER #1 FOR EL TORO ROAD & PORTOLA
PARKWAY/SANTA MARGARITA INTERSECTION IMPROVEMENTS
(PW2019-03)
RECOMMENDED ACTION: 1. Approve Change Order #1 to the Agreement with MMG Engineering, Inc. for the El Toro Road & Portola Parkway/Santa Margarita Parkway Intersection Improvements (PW2019-03) and authorize the City Manager to execute the document in an amount not-to-exceed $500,000.00. 2. Adopt a Resolution entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2021-2028 CAPITAL IMPROVEMENT PLAN, AMENDING
APPROPRIATIONS FOR FISCAL YEAR 2022-23.
April 4, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 5
12. TRAFFIC AND PARKING COMMISSIONER APPOINTMENT BY COUNCIL
MEMBER VOIGTS
RECOMMENDED ACTION: Allow Council Member Voigts to nominate one individual to the Traffic and Parking Commission.
13. RECOMMENDED DEVELOPMENT PARTNER FOR AFFORDABLE
HOUSING ACQUISITION, AND CONVERSION OR REHABILITATION
PROJECTS
RECOMMENDED ACTION: 1. Direct staff to negotiate an Exclusive Negotiation Agreement with Families Forward. 2. Authorize the City Manager to sign, and the City Clerk to attest the Exclusive Negotiation Agreement and any other relevant documents to progress the project.
14. SUMMARY RELINQUISHMENT OF VARIOUS PUBLIC SERVICE
LANDSCAPE EASEMENTS
RECOMMENDED ACTION: Adopt a Resolution entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA
SUMMARI
LY VACATING SIX PUBLIC SERVICE EASEMENTS
PURSUANT TO CALIFORNIA STREETS & HIGHWAYS CODE SECTIONS 8330, ET SEQ.
15. LEGISLATIVE PLATFORM
RECOMMENDED ACTION: Exercise City Council discretion with regard to two proposed additions to the City 2023 Legislative Platform.
16. LEGISLATIVE AND REGULATORY MATTERS
RECOMMENDED ACTION: 1. Receive a report from staff summarizing the status of various legislation with the potential to impact the City of Lake Forest. 2. Adopt the policy positions recommended by staff on various April 4, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 6 DISCUSSION/ACTION ITEMS (Item Nos. 12 – 16)
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. legislation with the potential to impact the City of Lake Forest.
CITY MANAGER'S REPORT
At this time, the City Manager may comment on agenda and non-agenda items; and report on items of interest to the City Council and community.
CITY COUNCIL COMMENTS
At this time, City Council Members may comment on agenda or non-agenda matters. No discussion may take place on any item not appearing on the posted agenda. Council Members may ask a question for clarification, respond to statements made or questions posed by the public, make a brief announcement, or make a brief report on his or her own activities. In addition, the City Council may refer to staff or other resources for factual information, request staff to report back at a subsequent meeting or direct staff to place a matter of business on a future agenda. No action may be taken on non-agenda matters unless authorized by law (Government Code Section 54954.2).
Council Member 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/129/Agendas.
Agenda and agenda packets, if requested, will be made available in an appropriate alternative format to persons with a disability as required by the Americans With Disabilities Act. Copies of the agenda are provided at no cost and agenda back-up materials are available at the per page copy cost.
The City of Lake Forest mailing address is City Council Chambers, 100 Civic Center Drive, Lake Forest, California.
Phone: (949) 461-3400. FAX (949) 461-3511
CERTIFICATION: I, Lisa Berglund, City Clerk of the City of Lake Forest, California, hereby certify that the foregoing agenda was posted for public review at City Hall on March 30, 2023.
Lisa Berglund
City Clerk
April 4, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 7
CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/4/2023
DEPARTMENT: City Manager
SUBJECT:
SHERIFF'S TEAM OF ACTIVE RETIRED SENIORS
RECOMMENDED ACTION(S):
Present Certificates of Recognition to members of the Lake Forest Sheriff's Team of Active Retired Seniors
EXECUTIVE SUMMARY:
The Lake Forest Sheriff's Team of Active Retired Seniors ("STARS") are volunteers that assist the City in many capacities. STARS greet residents at the Police Services Lobby, answer telephones, and direct residents to the appropriate resource(s). They verify addresses of residents who participate in the Identity Theft Prevention Program and come to the Civic Center to shred documents. STARS also provide morning and afternoon patrol checks which include site visits to parks, schools, and businesses. The STARS submit reports of graffiti and any unusual activity they encounter while on patrol. STARS also provide vacation home checks upon request for residents who would like to have their home monitored while on vacation. The STARS are active during City events such as National Night Out, State of the City, Fourth of July, Bunny Blast, Snow Fest, Movies in the Park, and Concerts in the Park. The City would like to recognize the STARS for their dedication and support to the community.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
Certificate of Recognition Template
Initiated By: Sharlyn De la Paz, Senior Management Analyst Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
Item: 3
8 ATTACHMENT
Item: 3
9 CERTIFICATE OF RECOGNITION
THE LAKE FOREST CITY COUNCIL
HEREBY RECOGNIZES
Name
For your dedication and support of the community
through the
Lake Forest Sheriff’s Team of Active Retired Seniors
April 4, 2023
.
_______________________________
DOUG CIRBO
Mayor
__________________________
MARK TETTEMER
Mayor Pro Tem
__________________________
ROBERT PEQUEÑO
Council Member
__________________________
SCOTT VOIGTS
Council Member
__________________________
BENJAMIN YU
Council Member
Item: 3
10 CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/4/2023
DEPARTMENT: City Manager
SUBJECT:
INTRODUCTION OF CHIEF OF LAKE FOREST POLICE SERVICES OCSD
CAPTAIN CHRISTINE BERRYMAN
RECOMMENDED ACTION(S):
Receive Presentation.
EXECUTIVE SUMMARY:
After an extensive interview process, Captain Christine Berryman has been selected to serve as the City’s new local chief. Captain Berryman joined the Orange County Sheriff’s Department in 2000 and worked as a deputy in Custody Operations and Patrol Operations. As a patrol deputy, she served six years in the City of Lake Forest where she worked in numerous details, including: Special Enforcement Team, Critical Incident Response Team, and assisted the Vice Unit.
She was a Field Training Officer for new patrol deputies and earned the Mothers Against Drunk Driving award, as well as the Deputy of the Year award.
Captain Berryman promoted to investigator and worked in Background Investigations, Aliso Viejo General Investigations, and the Special Victims Detail.
In 2019, Captain Berryman promoted to Sergeant where she worked Custody Operations, Patrol Operations, and Internal Affairs. She also served in Sheriff’s Administration where she worked on specific assignments from the Undersheriff and Sheriff. Most recently, Captain Berryman served as the Captain for the Professional Standards Division, overseeing the Backgrounds Unit, the Carry Concealed Weapons (“CCW”) Unit, and Human Resources.
Captain Berryman holds a Master’s degree in Behavioral Science from the California State University of Dominguez Hills and a Bachelor’s degree in Criminology, Law, and Society from the University of California, Irvine.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
Item: 4
11 ATTACHMENTS:
None.
Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Debra Rose, City Manager
Approved By: Debra Rose, City Manager
Item: 4
12 CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/4/2023
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: 5
13 5
1 8
9 5
MINUTES OF A 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, March 21, 2023, at the Lake Forest City Council Chambers, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:30 p.m. with all members present.
ROLL CALL:
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
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(4)
NUMBER OF POTENTIAL CASES: 1
ACTION: Closed session was conducted.
2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(2)
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: City Council reconvened to continue regular City business.
ACTION: City Attorney Richardson had no action to report.
PUBLIC COMMENT: No public comment was offered.
Item: 6
14 March 21, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 7 PUBLIC SESSION:
INVOCATION: The Invocation was provided by Peace Center Pastor Vanessa Burdick, Saddleback Church.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Council Member Voigts.
PRESENTATIONS:
MOTION: It was moved by Council Member Voigts, seconded by Mayor Pro Tem Tettemer, to approve Item Nos. 3 – 5. The motion carried by a vote of 5/0.
3. RECOGNITION OF ORANGE COUNTY SHERIFF DEPARTMENT CAPTAIN
CHAD TAYLOR
City Manager Rose introduced this item and invited Assistant City Manager Neves to provide a presentation. A City tile was presented to Captain Taylor in appreciation of his years of service to the City.
ACTION: The presentation was received and filed.
4. RECOGNITION OF ORANGE COUNTY MOSQUITO AND VECTOR CONTROL
DISTRICT REPRESENTATIVE VLADIMIR ANDERSON
City Manager Rose introduced this item and provided a presentation. A certificate of recognition was presented to Mr. Anderson in appreciation of his service as the City’s Orange County Mosquito and Vector Control District Trustee.
ACTION: The presentation was received and filed.
5. RECOGNITION OF 2022 COMMISSION CHAIRS
City Manager Rose introduced this item and invited Deputy City Manager Channing to provide a presentation. Certificates of recognition were presented to 2022 Planning Commission Chair Mark Armando, 2022 Community Services Commission Chair Margie Matsil, and 2022 Traffic and Parking Commission Chair Benjamin Yu in appreciation of their service to the City.
ACTION: The presentation was received and filed.
PUBLIC COMMENTS:
Lee expressed her concerns with the progress of the renovations at Vintage Park.
Laura Redanz expressed her concerns with the progress of the renovations at Vintage Item: 6
15 March 21, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 7 Park.
Trevor Peters expressed his concerns with the progress of the renovations at Vintage Park.
Will Redanz expressed his concerns with the progress of the renovations at Vintage Park.
CONSENT CALENDAR: (Item Nos. 6 – 13, and 15 – 16)
Mayor Pro Tem Tettemer pulled Item No. 14 for discussion. No public comment was offered.
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to approve Consent Calendar Item Nos. 6 – 13, and 15 – 16. The motion carried by a vote of 5/0.
6. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES ACTION: Said Ordinances and Resolutions which appear on the public agenda were determined to have been read by title and further reading waived.
7. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 7, 2023
ACTION: The minutes were approved as submitted.
8. MONTHLY TREASURER'S REPORT - FEBRUARY 2023
ACTION: The monthly treasurer’s report for February 2023 was received and filed.
9. SECOND READING AND ADOPTION OF ORDINANCE NO. 361 AMENDING SECTIONS 9.04.030 AND 9.146.050 OF THE LAKE FOREST MUNICIPAL
CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS TO COMPLY WITH SB 897
ACTION: Ordinance No. 361 entitled: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA AMENDING SECTIONS 9.04.030 AND 9.146.050 OF THE LAKE FOREST MUNICIPAL
CODE GOVERNING ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND FINDING THE ACTION TO BE
EXEMPT FROM CEQA was adopted.
10. SUBMITTAL OF 2022 ANNUAL HOUSING ELEMENT PROGRESS REPORT
TO STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ACTION: Staff was authorized to submit the 2022 Annual Housing Element Item: 6
16 March 21, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 7 Progress Report to the State Department of Housing and Community Development and the Governor's Office of Planning and Research.
11. 2022 GENERAL PLAN ANNUAL PROGRESS REPORT
ACTION: Staff was authorized to submit the 2022 General Plan Annual Progress Report to the Governor's Office of Planning and Research and the State’s Housing and Community Development Department.
12. APPROVE THE AGREEMENT WITH THE SADDLEBACK VALLEY UNIFIED SCHOOL DISTRICT TO PROVIDE THE KIDS’ FACTORY AFTER SCHOOL
PROGRAM
ACTION: 1. The Professional Consultant Services Agreement with Saddleback Valley Unified School District to provide the Kids’ Factory After School Program was approved. 2. The Mayor was authorized to sign, and the City Clerk to attest to the agreement with the Saddleback Valley Unified School District, substantially in the form attached.
13. AWARD CONSTRUCTION CONTRACT ARBOR SEWER LATERAL (PW 2019- 17)
ACTION: 1. The Contract Documents for Arbor Sewer Lateral Project (PW 2019- 17) were approved. 2. A Contract in the amount of $206,750 was awarded to Elegant Construction, Inc. 3. All other bids received were rejected and return of the bid bonds upon receipt of the executed contract documents from Elegant Construction, Inc. was authorized. 4. The Mayor was authorized to sign, and the City Clerk to attest the Contract with Elegant Construction, Inc. 5. The City Manager was authorized to approve contract change orders up to a maximum of ten percent of the contract amount. 6. A Resolution entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2021-2028 CAPITAL IMPROVEMENT PLAN; AMENDING APPROPRIATIONS FOR FISCAL YEAR 2022-23 was adopted.
15. CONSIDER OPTING INTO SETTLEMENT AGREEMENTS WITH THE
FOLLOWING DEFENDANTS WHO HAVE ENTERED INTO NATIONAL OPIOID SETTLEMENTS: TEVA; ALLERGAN; WALMART; WALGREENS; AND CVS ACTION: 1. A settlement agreement with three pharmacy chains – CVS, Walgreens, and Walmart was opted into and the City Manager was directed to execute any documents necessary to implement the action and, when possible, allocate the City’s designated share of settlement funds to the County of Orange.
2. A settlement agreement with two opioid manufacturers – Allergan and Teva, was opted into and the City Manager was directed to execute any documents necessary to implement the action and, when possible, allocate the City’s designated share of settlement funds to the County of Orange.
Item: 6
17 March 21, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 5 of 7
16. THIRD AMENDMENT TO THE AGREEMENT WITH FLOCK GROUP, INC.
ACTION: 1. The Additional Services Agreement with Flock Group, Inc. for automatic license plate reader cameras was approved. 2. The City Manager was authorized to sign, and the City Clerk to attest, the Additional Services Agreement, substantially in the form attached.
ITEM PULLED FOR DISCUSSION: (Item No. 14)
14. APPROVAL OF GRANT OF EASEMENTS WITH THE IRVINE RANCH WATER
DISTRICT
STATEMENT READ INTO THE RECORD
Mayor Pro Tem Tettemer - I am an employee of Irvine Ranch Water District and although I am permitted to vote on this item, I have chosen not to vote to ensure that there is no appearance of bias on my part. Because IRWD is a public agency, and because I do not work for the department involved in this item, under the California Government Code I have a non-interest in this item and am permitted to vote. However, in keeping with my past practice related to approvals associated with the Serrano Summit development involving the exercise of significant discretion by the City Council, I am choosing not to participate on this item.
Mayor Pro Tem Tettemer recused himself from this item. At 7:02 p.m. Mayor Pro Tem Tettemer exited the City Council Chambers. No public comment was offered. City Council questions were asked and answered.
MOTION: It was moved by Council Member Pequeño, seconded by Council Member Voigts, to approve two Grant of Easements with the Irvine Ranch Water District, one for the water line adjacent to Civic Center Drive, and the second for a water line running through the Civic Center Campus, and to authorize the Mayor to sign Grant of Easement Documents. The motion carried by a vote of 4/0, with Mayor Pro Tem Tettemer recusing himself.
At 7:06 p.m. Mayor Pro Tem Tettemer re-entered the City Council Chambers.
DISCUSSION/ACTION ITEMS:
17. INTERSECTION IMPROVEMENT PROJECTS - PROGRAM UPDATE
City Manager Rose introduced this item and invited Traffic Engineering Manager Tran to provide a presentation. No public comment was offered. City Council questions were asked and answered.
City Council received and filed the presentation from staff summarizing the Item: 6
18 March 21, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 6 of 7 progress made on various traffic improvement projects.
18. AD-HOC COMMITTEE TO DISCUSS RESOLUTIONS AND CITY COUNCIL
CORRESPONDENCE
City Manager Rose introduced this item and turned the floor over to Mayor Pro Tem Tettemer to provide further information on the purpose of the ad-hoc committee. No public comment was offered. Mayor Pro Tem Tettemer moved to create an ad-hoc committee, and Council Member Pequeño seconded the motion. Mayor Pro Tem Tettemer nominated himself to be on the committee.
Council Member Pequeño nominated himself to be on the committee. Council Member Voigts moved to support both nominations, with Council Member Yu seconding that motion.
MOTION: It was moved by Mayor Pro Tem Tettemer, seconded by Council Member Voigts to create an ad-hoc committee to discuss resolutions and City Council correspondence. It was moved by Council Member Voigts, seconded by Council Member Yu, to nominate Mayor Pro Tem Tettemer and Council Member Pequeño to the ad-hoc committee. The motions carried by a vote of 5/0.
19. SELECTION OF DELEGATE AND ALTERNATE FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS ("SCAG") REGIONAL
CONFERENCE AND GENERAL ASSEMBLY MEETING
City Manager Rose introduced this item and invited City Clerk Berglund to provide a summary. No public comment was offered. Mayor Cirbo nominated himself as the delegate. Council Member Pequeño nominated himself as the alternate. Council Member Voigts moved to support both nominations, with Council Member Yu seconding the motion.
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to appoint Mayor Cirbo as delegate and Council Member Pequeño as alternate to the Annual SCAG Regional Conference and General Assembly meeting. The motion carried by a vote of 5/0.
CITY MANAGER'S REPORT: City Manager Rose reported that Captain Christine Berryman would replace Captain Chad Taylor as Chief
of Police Services.
CITY COUNCIL COMMENTS:
Council Member Pequeño: Council Member Pequeño thanked Captain Taylor, outgoing Orange County Mosquito and Vector Control
District Appointee Anderson, 2022 Commission
Chairs, and City staff for all their efforts and hard
work. He reported on his attendance at the Orange
Item: 6
19 March 21, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 7 of 7 County Mosquito and Vector Control District meeting
and provided information on mosquito control.
Council Member Voigts: Council Member Voigts thanked Captain Taylor, outgoing Orange County Mosquito and Vector Control
District Trustee Anderson, and 2022 Commission
Chairs for all their efforts and hard work. He reported on his attendance at the ribbon cutting ceremony of a
new business in the city, StretchLab.
Council Member Yu: Council Member Yu thanked Captain Taylor for his service and commended City Manager Rose on
appointing Captain Berryman as the new Chief of
Police Services. He reported on his attendance of a
tour of a National Core property in Yorba Linda. He
requested consensus to proclaim the month of May as
Asian American Pacific Islander Heritage Month. He
received consensus from Mayor Cirbo.
Mayor Pro Tem Tettemer: Mayor Pro Tem Tettemer thanked Captain Taylor for his service to the City. He reported on his attendance
at a Quad Chamber event. He asked City Manager
Rose when the Council Members would be given an
opportunity to consider Senate Bill 252. City Manager
Rose informed him that the Council Members would
have an opportunity to discuss that bill at the next City Council meeting.
Mayor Cirbo: Mayor Cirbo reported on his attendance at a tour of a National Core property in Yorba Linda, the ribbon
cutting at StretchLab, the Quad Chamber event, and
other various events. He encouraged the public to
attend the State of the City event scheduled for March
22, 2022.
ADJOURNMENT: The regular meeting of the City Council was adjourned at 7:48 p.m.
Respectfully submitted:
APPROVED:
LISA BERGLUND DOUG CIRBO
CITY CLERK MAYOR
Item: 6
20 Item: 6
21 CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/4/2023
DEPARTMENT: Finance
SUBJECT:
CERTIFICATION OF WARRANT REGISTER
RECOMMENDED ACTION(S):
Approve the warrant register in the amount of $6,350,219.21.
EXECUTIVE SUMMARY:
In accordance with Government Code Section 37202 and Lake Forest Municipal Code Chapter 3.16, the official below certifies that 1) the invoices of the warrant register have been properly reviewed and 2) funds are available for payment of the warrants.
FISCAL IMPACT:
The amount of the warrant register is $6,350,219.21.
ATTACHMENTS:
Warrant Register
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
Item: 7
22 ATTACHMENT
Item: 7
23 3/30/2023 2:07:21 PM Page 1 of 21
Check Report
City of Lake Forest By Check Number
Date Range: 02/23/2023 - 03/31/2023
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount Bank Code: OP-Operating
Payment Type: Manual
THB000000 EMPLOYEE PAYROLL CHECK 03/24/2023 110982,649.13Manual 0.00 11098 Invoice 03/24/2023 ADP CHECK PPE 03/17/2023 2,649.130.00 THB000000 EMPLOYEE PAYROLL CHECK 03/24/2023 1109954.48Manual 0.00 11099 Invoice 03/24/2023 ADP CHECK PPE 03/17/2023 54.480.00 2,703.61Total Manual: 0.00
Item: 7
24 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 2 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount Payment Type: Regular
10001 ABTECH TECHNOLOGIES INC 02/23/2023 80000168,749.25Regular 0.00 SS19595-IN Invoice 02/23/2023 SHAREPOINT BACKUP IMPLEMENTATION SE… 453.750.00 W203629-IN Invoice 02/23/2023 BACKUP HOSTING & DISASTER RECOVERY 39,072.000.00 W203714-IN Invoice 02/23/2023 IT MANAGED SERVICES FEB - MAR 29,223.500.00 10006 ADT SECURITY SERVICES 02/23/2023 800002235.14Regular 0.00 969099025 Invoice 02/23/2023 SECURITY QUARTERLY SERVICE SPORTS PARK 235.140.00 10011 AJ PORTABLES INC 02/23/2023 800003500.00Regular 0.00 58841 Invoice 02/23/2023 RESTROOM RENTALS FOR SNOWFEST JAN 500.000.00 10034 ANNEALTA GROUP 02/23/2023 80000411,820.62Regular 0.00 2689 Invoice 02/23/2023 DEVEL INSPECT JAN LANDSEA SOUTH PA-5 T… 1,590.310.00 2690 Invoice 02/23/2023 DEVELOPMENT INSPECTION JAN AREA C-PO… 10,230.310.00 10044 AT&T CALNET3 02/23/2023 800005370.41Regular 0.00
157 000019416845 Invoice 02/23/2023 PARK UTILITIES JAN 49.360.00 339 000019508106 Invoice 02/23/2023 ANALOG PHONE LINES FEB CIVIC CENTER 321.050.00 10423 BERNEL INC VFS FIRE & SECURITY SERVICES 02/23/2023 800006295.00Regular 0.00 12474336C Invoice 02/23/2023 ALARM INSPECTIONS LFSP REC CTR, SO & NO… 295.000.00 10482 BRETT STIVALETTA 02/23/2023 800007575.00Regular 0.00 107008 Invoice 02/23/2023 PING PONG TABLE WELD FEB 575.000.00 10093 CITY OF IRVINE 02/23/2023 8000084,283.71Regular 0.00 215714 Invoice 02/23/2023 SHARED ENERGY & MAINTENANCE COSTS JU… 4,283.710.00 10097 CLEARGOV INC 02/23/2023 8000091,756.15Regular 0.00 2022-11899 Invoice 02/23/2023 2022-23 CLEARGOV DIGITAL BUDGET BOOK … 1,756.150.00 10104 CONVERGINT TECHNOLOGIES LLC 02/23/2023 8000102,917.33Regular 0.00 355186 Invoice 02/23/2023 CAMERA MAINTENANCE FEB 2,917.330.00 10107 COSTAR REALTY INFORMATION INC 02/23/2023 800011395.82Regular 0.00 120246310 Invoice 02/23/2023 COMMERCIAL PROPERTIES NOW FEB 395.820.00 10109 COUNTY OF ORANGE TREASURER TAX 02/23/2023 800012151,428.69Regular 0.00 AC2390046 Invoice 02/23/2023 CONTRACT SERVICES OCT - DEC ANIMAL CO… 151,428.690.00 10110 COX COMMUNICATIONS 02/23/2023 800013144.96Regular 0.00 1201 02/11/2023 Invoice 02/23/2023 CABLE SERVICE CIVIC CENTER FEB 144.960.00 10113 CROWN FACILITY SOLUTIONS 02/23/2023 800014873.28Regular 0.00 1041 Invoice 02/23/2023 JANITORIAL SERVICES AYSO & NCS TOURNA… 436.640.00 1219 Invoice 02/23/2023 JANITORIAL SERVICES NCS TOURNAMENT 1/… 218.320.00 1310 Invoice 02/23/2023 JANITORIAL SERVICE AYSO TOURNAMENT 2/… 218.320.00 10116 DANIEL C DUNSHEE 02/23/2023 800015265.00Regular 0.00 20230316 Invoice 02/23/2023 MUSIC PERFORMANCE 3/16/2023 SENIOR C… 265.000.00 10116 DANIEL C DUNSHEE 03/16/2023 800015-265.00Regular 0.00 10122 DEPARTMENT OF JUSTICE 02/23/2023 800016294.00Regular 0.00 634540 Invoice 02/23/2023 PRE-EMPLOYMENT & VOLUNTEER FINGERPR… 294.000.00 10123 DEWEY PEST CONTROL 02/23/2023 800017731.00Regular 0.00 15642353 Invoice 02/23/2023 ONE TIME SERVICE DEC SKATE PARK 500.000.00 15655776 Invoice 02/23/2023 MONTHLY SERVICE FEB HEROES PARK 35.000.00 15655777 Invoice 02/23/2023 MONTHLY SERVICE FEB LFSP 196.000.00 10134 ECONOMICS INC 02/23/2023 80001814,066.08Regular 0.00 2022.12 Invoice 02/23/2023 PROFESSIONAL SERVICES JOINT RFP SOLID … 14,066.080.00 10194 INTERWEST CONSULTING 02/23/2023 800019102,517.20Regular 0.00 81637 Invoice 02/23/2023 BUILDING & SAFETY SERVICES AUG OT (CARR… 2,205.000.00 Item: 7
25 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 3 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 84936 Invoice 02/23/2023 BUILDING & SAFETY SERVICES DEC 100,312.200.00 10220 KIDDER MATHEWS OF CALIFORNIA 02/23/2023 80002063,926.73Regular 0.00 KMCA6409 Invoice 02/23/2023 CIVIC CENTER MAINTENANCE JAN 63,926.730.00 10228 LAKE FOREST CHAMBER OF COMMERCE 02/23/2023 8000213,215.00Regular 0.00 MMP 02/02/2023 Invoice 02/23/2023 MONEY MATCH PROGRAM BOGO JAN 2023 3,215.000.00 10478 LOCAL AGENCY ENGINEERING ASSOCIATES INC 02/23/2023 800022550.00Regular 0.00 23-155 Invoice 02/23/2023 JERONIMO/MUIRLANDS ARTERIAL SLURRY … 550.000.00 10241 MASTER WASH INC 02/23/2023 800023350.00Regular 0.00 73801 Invoice 02/23/2023 CITY VEHICLE CAR WASH FEB 350.000.00 10273 OCCUPATIONAL HEALTH CENTERS 02/23/2023 800024223.00Regular 0.00 78134179 Invoice 02/23/2023 PRE-EMPLOYMENT PHYSICAL AND TESTING … 95.000.00 78210224 Invoice 02/23/2023 PRE-EMPLOYMENT PHYSICAL AND TESTING … 128.000.00 10276 ONWARD ENGINEERING 02/23/2023 8000252,357.50Regular 0.00 6731 Invoice 02/23/2023 LAKE FOREST DR RESURFACING DESIGN JAN 2,357.500.00 10322 SCHNEIDER ELECTRIC BUILDINGS 02/23/2023 800026380.00Regular 0.00 887827-A Invoice 02/23/2023 SECURITY SYSTEM SERVICE (PARTIAL) 380.000.00 10335 SOUTHERN CALIFORNIA EDISON 02/23/2023 800027119,879.23Regular 0.00 3106 02/03/2023 Invoice 02/23/2023 STREET LIGHT UTILITIES JAN 83,090.570.00 3611 02/13/2023 Invoice 02/23/2023 PARK UTILITIES JAN PARKS, MPS, LFSP, BUS … 16,521.470.00 8114 2/08/2023 Invoice 02/23/2023 CIVIC CENTER UTILITIES JAN PARKING GARA… 4,550.720.00 8477 2/08/2023 Invoice 02/23/2023 CIVIC CENTER UTILITIES JAN 15,716.470.00 10341 SPORTS FACILITIES GROUP INC 02/23/2023 800028995.64Regular 0.00 A15629 Invoice 02/23/2023 REPLACEMENT PITCH RUBBERS FEB HEROES … 995.640.00 10345 SUPER BIRTHDAY INC 02/23/2023 800029100.00Regular 0.00 27992 Invoice 02/23/2023 MINI EXPRESS TRAIN 4/1 BUNNY BLAST 100.000.00 10354 TEAM PAINTING 02/23/2023 8000303,680.00Regular 0.00 13515 Invoice 02/23/2023 PAINT PROGRAM FEB HERRING 3,680.000.00 10359 THE GAS COMPANY 02/23/2023 80003110,887.35Regular 0.00 2943 02/09/2023 Invoice 02/23/2023 SPORTS PARK UTILITIES JAN 4,036.230.00 9109 02/08/2023 Invoice 02/23/2023 CIVIC CENTER UTILITIES JAN 6,851.120.00 10398 VERIZON WIRELESS 02/23/2023 8000321,533.40Regular 0.00 9927182379 Invoice 02/23/2023 PARKS PRIVATE VPN FOR CCTV FEB 200.930.00 9927587973 Invoice 02/23/2023 CELLULAR PHONES AND DATA SERVICES FEB 1,332.470.00 10453 VINCENTBENJAMIN GROUP LLC 02/23/2023 8000331,360.00Regular 0.00 95702180298 Invoice 02/23/2023 TEMP SERVICES WEEK ENDING 2/12 (C SHU… 1,360.000.00 10506 WEST COAST ARBORISTS INC 02/23/2023 80003437,338.00Regular 0.00 195805 Invoice 02/23/2023 TREE MAINTENANCE JAN 16 - 31 37,338.000.00 10481 YIFTEE INC 02/23/2023 80003566,000.00Regular 0.00 4814 Invoice 02/23/2023 YIFTEE BOGO MARKETING KIT 500.000.00 4834 Invoice 02/23/2023 COMMUNITY GIFT CARD BOGO ROUND 4 64,900.000.00 4835 Invoice 02/23/2023 YIFTEE BOGO MARKETING KIT 2 600.000.00 10001 ABTECH TECHNOLOGIES INC 03/02/2023 80003670.98Regular 0.00 2302004-IN Invoice 03/02/2023 COMPUTER SUPPLIES 70.980.00 10560 APPLIANCE REPAIR PROS 03/02/2023 800037675.31Regular 0.00 45374 Invoice 03/02/2023 ICE MACHINE REPAIR DEC HEROES PARK 675.310.00 10561 ASSOCIATION OF CALIFORNIA CITIES 03/02/2023 80003815,238.41Regular 0.00 Item: 7
26 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 4 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 3363 Invoice 03/02/2023 2023 ANNUAL MEMBERSHIP 15,238.410.00 10044 AT&T CALNET3 03/02/2023 800039195.85Regular 0.00
189 000019468117 Invoice 03/02/2023 PARK UTILITIES JAN 72.480.00 257 000019462597 Invoice 03/02/2023 MPS UTILITIES JAN 123.370.00 10047 AWARD CREATIONS 03/02/2023 80004068.60Regular 0.00 2023-1010 Invoice 03/02/2023 NAME BADGES FEB 68.600.00
10062 BRIGHTVIEW LANDSCAPE SERVICES 03/02/2023 8000413,625.00Regular 0.00 8264078 Invoice 03/02/2023 MONTHLY MAINTENANCE FEB CIVIC CENTER 3,625.000.00 10074 CALIFORNIA STATE DISBURSEMENT 03/02/2023 800042149.30Regular 0.00 PPE 02/17/2023 Invoice 02/24/2023 REMIT ID200000002413681 SDU/TRIBAL 06… 149.300.00 10079 CALPERS LONG TERM CARE PROGRAM 03/02/2023 800043477.70Regular 0.00 14768699 Invoice 02/24/2023 EE CONT PPE 02/17/2023 238.850.00 14775408 Invoice 02/24/2023 EE CONT PPE 03/03/2023 238.850.00 10095 CITY OF LAKE FOREST SUNSHINE CLUB 03/02/2023 800044192.50Regular 0.00 02/17/2023 Invoice 02/24/2023 SUNSHINE CLUB EE CONT PPE 02/17/2023 192.500.00 10113 CROWN FACILITY SOLUTIONS 03/02/2023 8000451,834.92Regular 0.00 1204 Invoice 03/02/2023 JANITORIAL SERVICES EVENT PAC PERMIT #5… 378.600.00 1228 Invoice 03/02/2023 JANITORIAL SERVICES EVENT PAC PERMIT #5… 484.300.00 1333 Invoice 03/02/2023 JANITORIAL SERVICES EVENT PAC PERMIT #5… 384.830.00 1342 Invoice 03/02/2023 JANITORIAL SERVICES EVENT COMMUNITY C… 587.190.00 10123 DEWEY PEST CONTROL 03/02/2023 80004640.00Regular 0.00 15655774 Invoice 03/02/2023 MONTHLY SERVICE FEB SKATE PARK 40.000.00 10134 ECONOMICS INC 03/02/2023 8000471,924.17Regular 0.00 2021-22.19 Invoice 03/02/2023 PROFESSIONAL SERVICES SOLID WASTE & SB… 1,924.170.00 10543 EL TORO HIGH SCHOOL FOOTBALL BOOSTERS 03/02/2023 800048250.00Regular 0.00 2002205.021 Invoice 03/02/2023 REFUND PERMIT 5252 250.000.00 10138 ELEGANT CONSTRUCTION INC 03/02/2023 800049119,809.25Regular 0.00 PROG PAYMENT 6 Invoice 03/02/2023 BORREGO PARK PROJECT & RETENTION PW… 119,809.250.00 10176 GREAT SCOTT TREE SERVICE INC 03/02/2023 800050353.30Regular 0.00 PA 12-22-5586 Invoice 03/02/2023 REFUND DEPOSIT PA 12-22-5586 353.300.00 10194 INTERWEST CONSULTING 03/02/2023 800051129,978.66Regular 0.00 85514 Invoice 03/02/2023 BUILDING & SAFETY SERVICES JAN 129,558.660.00 85515 Invoice 03/02/2023 BUILDING & SAFETY SERVICES JAN OT (CARR… 420.000.00 10203 JAMEY CLARK INC 03/02/2023 800052888.55Regular 0.00 73702 Invoice 03/02/2023 RESTROOM PARTITION FEB MOUNTAIN VIE… 680.000.00 73706 Invoice 03/02/2023 RESTROOM REPAIRS FEB LFSP 208.550.00 10547 JASMINE GARZA 03/02/2023 80005360.00Regular 0.00
2002219.021 Invoice 03/02/2023 REFUND PICKLE BALL 11442 60.000.00 10542 JASON HOLDRIDGE 03/02/2023 800054100.00Regular 0.00 02/09/2023 Invoice 03/02/2023 DJ FOR BUNNY BLAST DEPOSIT 4/1 100.000.00 THB001579 JENNIFER WEISS 03/02/2023 80005557.10Regular 0.00 02/16/2023 Invoice 03/02/2023 REIMBURSE LASERFICHE TRAINING SUPPLIES… 57.100.00 10223 KONICA MINOLTA BUSINESS 03/02/2023 8000561,352.99Regular 0.00 285098574 Invoice 03/02/2023 COPIER MONTHLY MAINTENANCE JAN BUILD… 355.920.00 285098664 Invoice 03/02/2023 COPIER MONTHLY MAINTENANCE JAN COPI… 183.920.00 285098767 Invoice 03/02/2023 COPIER MONTHLY MAINTENANCE JAN COPI… 263.230.00 285098875 Invoice 03/02/2023 COPIER MONTHLY MAINTENANCE JAN SPOR… 59.660.00 285099039 Invoice 03/02/2023 COPIER MONTHLY MAINTENANCE JAN COPI… 74.940.00 Item: 7
27 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 5 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 285099040 Invoice 03/02/2023 COPIER MONTHLY MAINTENANCE JAN POLI… 82.080.00 285099147 Invoice 03/02/2023 COPIER MONTHLY MAINTENANCE JAN SENI… 176.110.00 285099150 Invoice 03/02/2023 COPIER MONTHLY MAINTENANCE JAN CITY … 157.130.00 10224 KONICA MINOLTA PREMIER FINANCE 03/02/2023 8000573,034.29Regular 0.00 78878088 Invoice 03/02/2023 COPIER LEASE DEC 2022 - FEB 2023 3,034.290.00 10225 KWIKEY S LOCK AND KEY INC 03/02/2023 800058582.31Regular 0.00 012723 Invoice 03/02/2023 1 SC4 KEY FEB CIVIC CENTER 37.710.00 020823 Invoice 03/02/2023 LOCK CYLINDER & REKEY FEB EL TORO PARK 182.560.00 121522 Invoice 03/02/2023 24 MASTER SC4 KEY DUPLICATES DEC VARI… 362.040.00 10558 LAUBACH CONSTRUCTION 03/02/2023 8000596,000.00Regular 0.00 COMB-03-22-531… Invoice 03/02/2023 REFUND C&D DEPOSIT 6,000.000.00 10230 LEAGUE OF CALIFORNIA CITIES 03/02/2023 80006024,057.00Regular 0.00 643383 Invoice 03/02/2023 2023 MEMBERSHIP DUES 24,057.000.00 10526 MICHAEL J FRANCIS 03/02/2023 8000614,550.00Regular 0.00 23-02 Invoice 03/02/2023 APPRAISAL FOR CIVIC CENTER NEIGHBOR PA… 4,550.000.00 10468 MISSIONSQUARE 03/02/2023 80006212,538.63Regular 0.00 02/17/2023 Invoice 02/24/2023 DEFERRED COMP PPE 02/17/23 (#303669) 12,538.630.00 10250 MONOGRAM MAGIC 03/02/2023 800063108.78Regular 0.00 65056 Invoice 03/02/2023 CITY COUNCIL ATTIRE D. CIRBO FEB 71.090.00 65094 Invoice 03/02/2023 CITY COUNCIL ATTIRE B. YU FEB 37.690.00 10276 ONWARD ENGINEERING 03/02/2023 80006415,585.71Regular 0.00 6732 Invoice 03/02/2023 PHASE 14 ADA ACCESS RAMP IMPRV PROJE… 15,585.710.00 10541 ORANGE COUNTY PUMPING INC 03/02/2023 8000653,614.45Regular 0.00 51608 Invoice 03/02/2023 SEWER LINE REPAIRS FEB HEROES PARK 3,614.450.00 10284 PATTY NORTHCOTT 03/02/2023 800066150.00Regular 0.00 00202 Invoice 03/02/2023 BOARD-UP SERVICES FEB DISPENSARY 150.000.00 THB001146 PEGGY SAMANTHA 03/02/2023 80006758.99Regular 0.00 02/21/2023 Invoice 03/02/2023 REIMBURSE LANDSCAPE TRAINING LUNCH 1… 58.990.00 10300 QUALITY CODE PUBLISHING 03/02/2023 8000683,362.00Regular 0.00 GC0010013 Invoice 03/02/2023 MUNICIPAL CODE SUPPLEMENT SERVICE 3,362.000.00 10546 RACHELE SWEETSER 03/02/2023 800069675.00Regular 0.00 000504 Invoice 03/02/2023 PETTING ZOO FOR BUNNY BLAST 2023 675.000.00 10548 REBECCA DEMENT 03/02/2023 800070450.00Regular 0.00 2002221.021 Invoice 03/02/2023 REFUND PERMIT 5311 450.000.00 10316 ROSENOW SPEVACEK GROUP INC 03/02/2023 8000711,658.75Regular 0.00 I009812 Invoice 03/02/2023 AFFORDABLE HOUSING CONSULTING JAN 1,658.750.00 10557 ROSSY RUPPE 03/02/2023 800072200.00Regular 0.00
2002210.021 Invoice 03/02/2023 REFUND PERMIT 5711 200.000.00 10556 SCOTT A. MOMMER CONSULTING 03/02/2023 800073678.18Regular 0.00 PA 11-22-5578 Invoice 03/02/2023 REFUND DEPOSIT PA 11-22-5578 HOME DE… 678.180.00 10334 SOUTH COUNTY PLUMBING INC 03/02/2023 800074870.00Regular 0.00 24127 Invoice 03/02/2023 RESTROOM SINKS PLUMBING FEB LFSP SOC… 870.000.00 10335 SOUTHERN CALIFORNIA EDISON 03/02/2023 8000758,346.47Regular 0.00 5025 02/15/23 Invoice 03/02/2023 TRAFFIC SIGNAL UTILITIES JAN 8,346.470.00 10360 THE HARTFORD 03/02/2023 8000765,361.24Regular 0.00 457996066487 Invoice 02/24/2023 LIFE, AD&D PREMIUMS MAR 2023 5,361.240.00 Item: 7
28 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 6 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 10559 TIM PETERSEN 03/02/2023 80007710,000.00Regular 0.00 RESB-04-22-53431 Invoice 03/02/2023 REFUND C&D DEPOSIT 10,000.000.00 10545 TIMOTHY MORISSETTE 03/02/2023 8000781,000.00Regular 0.00 2002211.021 Invoice 03/02/2023 REFUND PERMIT 5791 1,000.000.00 10391 US BANK PARS 03/02/2023 8000791,702.04Regular 0.00 02/17/2023 Invoice 02/24/2023 PARS CONT PPE 02/17/2023 1,702.040.00 10392 US DEPT OF TREASURY 03/02/2023 800080888.03Regular 0.00 02/17/2023 Invoice 02/24/2023 CREDITOR AGENCY TRACKING WG2122418 … 888.030.00 10400 VISION SERVICE PLAN 03/02/2023 8000811,509.05Regular 0.00 817194536 Invoice 02/24/2023 VISION INSURANCE FEB 2023 1,509.050.00 10000 A SOURCE OF PRIDE 03/09/2023 800082107.00Regular 0.00 9110598 Invoice 03/09/2023 NAME TAGS DEC 27.910.00
9110620 Invoice 03/09/2023 NAME TAGS JAN 51.180.00
9110625 Invoice 03/09/2023 NAME TAGS JAN 27.910.00
10007 ADVANTAGE MAILING LLC 03/09/2023 80008330,946.47Regular 0.00 180710 Invoice 03/09/2023 SPRING LEAFLET PRINTING 30,946.470.00 10009 AGE WELL SENIOR SERVICES 03/09/2023 8000844,224.00Regular 0.00 0123 Invoice 03/09/2023 SENIOR MOBILITY PROGRAM JAN 4,224.000.00 10015 ALH SECURITY INC 03/09/2023 800085332.92Regular 0.00 13688 Invoice 03/09/2023 CODE PROGRAMMING & BATTERIES FEB HE… 332.920.00 10017 ALL CITY MANAGEMENT 03/09/2023 80008660,018.42Regular 0.00 82277 Invoice 03/09/2023 CROSSING GUARD SERVICES 12/11 - 12/24 2… 16,226.940.00 82812 Invoice 03/09/2023 CROSSING GUARD SERVICES 1/8 - 1/21 14,561.730.00 83143 Invoice 03/09/2023 CROSSING GUARD SERVICES 1/24 - 2/4 14,668.020.00 83490 Invoice 03/09/2023 CROSSING GUARD SERVICES 2/5 - 2/18 14,561.730.00 10024 AMERICAN ASPHALT SOUTH INC 03/09/2023 80008766,706.86Regular 0.00 PROGRESS PAYM… Invoice 03/09/2023 SLURRY SEAL PROJ ZONE F PW2021-05A RET… 66,706.860.00 10028 AMERINAT 03/09/2023 8000881,099.00Regular 0.00
FS-5562 Invoice 03/09/2023 REHAB LOAN FEES HELMS 547.500.00 FS-5598 Invoice 03/09/2023 REHAB LOAN FEES NICKLES 547.500.00 FS-5615 Invoice 03/09/2023 REHAB LOAN FEES NICKLES 4.000.00 10490 AMY HARPER 03/09/2023 8000891,687.00Regular 0.00
11474 Invoice 03/09/2023 WINTER YIN YOGA INTRUCTOR PAYMENT 1,687.000.00 10037 AQUABIO ENVIRONMENTAL 03/09/2023 8000903,095.00Regular 0.00 101696 Invoice 03/09/2023 LAKE MAINTENANCE FEB VETERANS PARK 3,095.000.00 10038 ARCADIAN BANK 03/09/2023 800091910.00Regular 0.00 348 Invoice 03/09/2023 REHAB LOAN FEES CLARY, RUIZ, LEWIS, GLA… 650.000.00 350 Invoice 03/09/2023 REHAB LOAN FEES WHEELER, NICKLES 260.000.00 10039 ARDURRA GROUP INC 03/09/2023 80009285,369.25Regular 0.00 133032 Invoice 03/09/2023 PROFESSIONAL SERVICES JAN 85,369.250.00 10042 ASSURED TELEMATICS INC 03/09/2023 800093291.00Regular 0.00 102453 Invoice 03/09/2023 FLEET GPS UNITS JAN 291.000.00 10052 BEAR ELECTRICAL SOLUTIONS INC 03/09/2023 80009422,521.50Regular 0.00 17960 Invoice 03/09/2023 TRAFFIC SIGNAL MAINTENANCE ROUTINE J… 5,495.500.00 18041 Invoice 03/09/2023 TRAFFIC SIGNAL MAINTENANCE RESPONSE J… 17,026.000.00 10493 BENJAMIN PREISENDORF 03/09/2023 800095360.00Regular 0.00 INV 005 Invoice 03/09/2023 THRIVE WELLNESS CLASS PERSONAL TRAINI… 360.000.00 Item: 7
29 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 7 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 10055 BEST BEST & KRIEGER LLP 03/09/2023 80009664,240.68Regular 0.00 22-12 Invoice 03/09/2023 LEGAL SERVICES DEC 2022 64,240.680.00 10569 BLACK O'DOWD AND ASSOCIATES, INC. 03/09/2023 8000979,750.00Regular 0.00 23-3005-1 Invoice 03/09/2023 OFFICE REDESIGN LFSP FEB 9,750.000.00 10062 BRIGHTVIEW LANDSCAPE SERVICES 03/09/2023 80009856,725.03Regular 0.00 8298220 Invoice 03/09/2023 MONTHLY MAINTENANCE JAN LFSP 56,725.030.00 10075 CALIFORNIA YELLOW CAB 03/09/2023 800099976.82Regular 0.00 1508023 Invoice 03/09/2023 SENIOR TRANSPORTATION JAN 976.820.00 10096 CITY OF TUSTIN 03/09/2023 800100250.00Regular 0.00 2002235.021 Invoice 03/09/2023 REFUND PERMIT 5522 250.000.00 10459 CLICKSTART DOG TRAINING ACADEMY LLC 03/09/2023 8001011,351.00Regular 0.00 11402 Invoice 03/09/2023 WINTER DOG TRAINING INSTRUCTOR PAYM… 1,351.000.00 10523 CLIFTONLARSONALLEN LLP 03/09/2023 8001022,600.00Regular 0.00 3591432 Invoice 03/09/2023 INTERIM BILLING SINGLE AUDIT OF FED EXP… 2,600.000.00 10101 COASTAL LOCKSMITH INC 03/09/2023 800103532.70Regular 0.00 2626 Invoice 03/09/2023 LOCKSMITH SERVICES FEB DISPENSARY 532.700.00 10544 COMPLETE FIRE SOLUTIONS INC 03/09/2023 8001041,487.74Regular 0.00 11085 Invoice 03/09/2023 ANNUAL FIRE TESTING/CERTIFICATION FEB L… 1,487.740.00 10109 COUNTY OF ORANGE TREASURER TAX 03/09/2023 8001051,646,351.29Regular 0.00 SC13722 Invoice 03/09/2023 800MHZ QUARTERLY COST ALLOCATION JAN… 11,544.000.00 SH 63946 Invoice 03/09/2023 AFIS FINGERPRINTS DEC 2022 3,232.000.00 SH 64605 Invoice 03/09/2023 AFIS FINGERPRINTS FEB 3,232.000.00 SH 64790 Invoice 03/09/2023 LAW ENFORCEMENT MARCH 1,628,308.540.00 STTM0000629 Invoice 03/09/2023 800MHZ MAINTENANCE 09/01/22 - 09/30/22 34.750.00 10113 CROWN FACILITY SOLUTIONS 03/09/2023 8001066,208.06Regular 0.00 1248 Invoice 03/09/2023 JANITORIAL SERVICES CPC FEB 609.330.00 1365 Invoice 03/09/2023 JANITORIAL SERVICES PAC PERMIT 5710 378.600.00 1398 Invoice 03/09/2023 JANITORIAL SERVICES MAR SPORTS PARK 5,220.130.00 10549 CSG-NAM LLC 03/09/2023 8001071,331.30Regular 0.00 13B0031546419 Invoice 03/09/2023 OPERATING SUPPLIES FEB CITY HALL 1,331.300.00 10120 DEKRALITE 03/09/2023 8001083,927.44Regular 0.00
ARINV018885 Invoice 03/09/2023 SEASONAL BANNER INSTALLS, WINTER 2022 3,927.440.00 10121 DEPARTMENT OF CONSERVATION 03/09/2023 8001094,147.39Regular 0.00 01/31/2023 Invoice 03/09/2023 STRONG MOTION INSTRUMENT OCT - DEC 2… 4,147.390.00 10489 ECS IMAGING INC 03/09/2023 8001104,725.00Regular 0.00 17557 Invoice 03/09/2023 LASERFICHE IMPLEMENTATION & INITIATION… 4,725.000.00 10145 EUROGYMNASTICS INC 03/09/2023 800111133.00Regular 0.00 11374 Invoice 03/09/2023 WINTER GYMNASTICS CLASS INSTRUCTOR P… 133.000.00 10496 GEOGRAPHICS 03/09/2023 8001122,472.00Regular 0.00 23-23144 Invoice 03/09/2023 LEAFLET DESIGN & LAYOUT 2,472.000.00 10169 GINA SONI 03/09/2023 80011384.00Regular 0.00
11431 Invoice 03/09/2023 WINTER MINDFULNESS MEDITATION INSTR… 84.000.00 10179 HARTZOG & CRABILL INC 03/09/2023 80011421,863.68Regular 0.00 23-0050 Invoice 03/09/2023 TRAFFIC ENGINEERING DEVELOPMENT/CIP … 11,183.390.00 23-0051 Invoice 03/09/2023 TRAFFIC ENGINEERING DEVELOPMENT/CIP … 10,680.290.00 10184 HINDERLITER DE LLAMAS & ASSOC 03/09/2023 8001155,986.89Regular 0.00 Item: 7
30 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 8 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount SIN025586 Invoice 03/09/2023 3RD QTR CONTRACT & AUDIT SERVICES - SA… 5,986.890.00 10198 ITERIS INC 03/09/2023 80011617,080.24Regular 0.00 151331 Invoice 03/09/2023 TRAFFIC SIGNAL SERVICES NOV 17,080.240.00 10200 JAMES L BLACKBURN 03/09/2023 800117100.12Regular 0.00 30162 Invoice 03/09/2023 BUSINESS CARDS, DEPUTY RILEY/DE CARO F… 100.120.00 10203 JAMEY CLARK INC 03/09/2023 80011810,023.75Regular 0.00 73720 Invoice 03/09/2023 DRINKING FOUNTAIN REPAIR FEB SKATE PA… 148.750.00 73727 Invoice 03/09/2023 PAINT FITNESS EQUIPMENT FEB VARIOUS L… 9,875.000.00 10567 JOHN WIELAND 03/09/2023 800119165.88Regular 0.00
CERT 3/1/2023 Invoice 03/09/2023 REIMBURSEMENT CERT MATERIALS 165.880.00 10217 KENNETH CHAI 03/09/2023 8001202,481.50Regular 0.00 11400 Invoice 03/09/2023 WINTER YOUTH TRACK INSTRUCTOR PAYME… 1,071.000.00 11401 Invoice 03/09/2023 WINTER YOUTH TRACK INSTRUCTOR PAYME… 1,410.500.00 10487 KPFF INC 03/09/2023 8001211,050.00Regular 0.00
458474 Invoice 03/09/2023 PATIO COVER JAN SENIOR CENTER 1,050.000.00 10566 MARK FROOME 03/09/2023 800122289.43Regular 0.00
03/01/2023 Invoice 03/09/2023 REIMBURSEMENT MEALS DURING INVESTIG… 289.430.00 10240 MARYAM STEVENSON 03/09/2023 800123680.40Regular 0.00 11378 Invoice 03/09/2023 WINTER BOOT CAMP INSTRUCTOR PAYMENT 680.400.00 10250 MONOGRAM MAGIC 03/09/2023 800124747.89Regular 0.00 64822 Invoice 03/09/2023 CODE ENFORCEMENT HAT (PINTO) 27.350.00 64951 Invoice 03/09/2023 CAPS JAN (CARRILLO/ DE CARO) 67.880.00 65005 Invoice 03/09/2023 SWEATSHIRTS (IT UNIFORMS) 336.090.00 65011 Invoice 03/09/2023 DEPUTY BAG FEB 316.570.00
10257 MUNICIPAL MANAGEMENT ASSOCIATION OF SOUTHERN CALIFORNIA03/09/2023 80012590.00Regular 0.00 01/27/2023 Invoice 03/09/2023 MEMBERSHIP DUES 2023-2024 DE LA PAZ 90.000.00 THB001243 NICHOLAS W GATES 03/09/2023 800126207.92Regular 0.00 02/16/2023 Invoice 03/09/2023 MILEAGE REIMBURSEMENT 9/22 - 2/23 140.170.00 02/28/2023 Invoice 03/09/2023 MILEAGE REIMBURSEMENT CAPIO CONF 8/… 67.750.00 10265 NIEVES LANDSCAPE INC 03/09/2023 800127161,925.84Regular 0.00 73982 Invoice 03/09/2023 MONTHLY MAINTENANCE FEB PASSIVE PAR… 69,575.840.00 73983 Invoice 03/09/2023 MONTHLY MAINTENANCE FEB 68,637.490.00 74065 Invoice 03/09/2023 MULCH INSTALL JAN PITTSFORD PARK 2,280.000.00 74066 Invoice 03/09/2023 IRRIGATION REPAIRS FEB BARKER RANCH D… 954.950.00 74067 Invoice 03/09/2023 INSTALL MULCH FEB RIDGE ROUTE/JERONI… 4,750.000.00 74068 Invoice 03/09/2023 INSTALL PLANT MATERIAL FEB RAINTREE ST 2,895.000.00 74069 Invoice 03/09/2023 INSTALL PLANTS & TREE FEB PARKMON ST 570.000.00 74070 Invoice 03/09/2023 TREE REMOVAL JAN CREEKSIDE ST 4,500.000.00 74071 Invoice 03/09/2023 IRRIGATION REPAIR JAN PARKMONT 639.500.00 74072 Invoice 03/09/2023 JUTE INSTALL JAN RIDGE ROUTE & JERONIMO 715.500.00 74073 Invoice 03/09/2023 CLEAN UP TREE BRANCHES JAN VARIOUS LO… 900.000.00 74135 Invoice 03/09/2023 IRRIGATION REPAIRS FEB MOUNTAIN VIEW/… 1,710.650.00 74136 Invoice 03/09/2023 IRRIGATION REPAIRS FEB EL TORO/VINTAGE… 1,840.100.00 74137 Invoice 03/09/2023 IRRIGATION REPAIRS FEB PITTSFORD/DARRI… 1,956.810.00 10273 OCCUPATIONAL HEALTH CENTERS 03/09/2023 80012851.00Regular 0.00 78288007 Invoice 03/09/2023 PRE-EMPLOYMENT PHYSICAL AND TESTING … 51.000.00 10274 OCEAN BLUE ENVIRONMENTAL 03/09/2023 800129898.50Regular 0.00 37778 Invoice 03/09/2023 PROFESSIONAL SERVICES 1/7 CRIME SCENE 898.500.00 10536 ODP BUSINESS SOLUTIONS LLC 03/09/2023 8001301,598.85Regular 0.00 Item: 7
31 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 9 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 25148263 Invoice 03/09/2023 OFFICE SUPPLIES JANUARY 1,598.850.00 10284 PATTY NORTHCOTT 03/09/2023 800131650.00Regular 0.00 00125 Invoice 03/09/2023 BOARD-UP SERVICES FEB DISPENSARY 650.000.00 10304 RAMIRO ACEVEDO 03/09/2023 80013220,425.00Regular 0.00 2023-3 Invoice 03/09/2023 RIDGE ROUTE & OVERLAKE MEDIAN IMPRV … 20,425.000.00 10305 RANCHO VIEJO II HOA 03/09/2023 800133840.00Regular 0.00 22702 03/01/2023 Invoice 03/09/2023 22702 MADRID HOA PAYMENT APR PTM-10… 420.000.00 22706 03/01/2023 Invoice 03/09/2023 22706 MADRID HOA PAYMENT APR PTM-10… 420.000.00 10565 SHEA HOMES 03/09/2023 800134837.79Regular 0.00
REFUND 03/01/20…Invoice 03/09/2023 REFUND DEVELOPER DEPOSIT, PROJECT CLO… 837.790.00 10324 SHELLY BOOTH 03/23/2023 800135-1,897.78Regular 0.00 10324 SHELLY BOOTH 03/09/2023 8001351,897.78Regular 0.00 001 Invoice 03/09/2023 PICKLEBALL PRIZES 179.280.00
11438 Invoice 03/09/2023 WINTER PICKLEBALL INSTRUCTOR PAYMENT 700.000.00 11440 Invoice 03/09/2023 WINTER PICKLEBALL INSTRUCTOR PAYMENT 231.000.00 11441 Invoice 03/09/2023 WINTER PICKLEBALL INSTRUCTOR PAYMENT 388.500.00 11442 Invoice 03/09/2023 WINTER PICKLEBALL INSTRUCTOR PAYMENT 399.000.00 10325 SHELTERCLEAN SERVICES INC 03/09/2023 8001362,938.36Regular 0.00 731263 Invoice 03/09/2023 BUS SHELTER MAINTENANCE JAN 2,938.360.00 10337 SOUTHERN CALIFORNIA NEWS GROUP 03/09/2023 8001375,842.43Regular 0.00 0000559238 Invoice 03/09/2023 PUBLICS NOTICES JAN 5,842.430.00 10338 SOUTHERN CALIFORNIA SHREDDING 03/09/2023 800138825.00Regular 0.00 06063 Invoice 03/09/2023 SHREDDING SERVICES JAN 825.000.00 10539 STANTEC CONSULTING SERVICES INC 03/09/2023 8001393,145.00Regular 0.00 2035291 Invoice 03/09/2023 TRAFFIC MODELING & GEN ENGINEERING S… 3,145.000.00 10364 THE UPS STORE 0026 03/09/2023 800140225.00Regular 0.00 TCLF1220220026 Invoice 03/09/2023 PRE-EMPLOYMENT DEC 22 225.000.00 10382 TYLER TECHNOLOGIES INC 03/09/2023 8001416,417.50Regular 0.00 025-412744 Invoice 03/09/2023 CHART OF ACCOUNTS FOR INCODE 162.500.00 025-413935 Invoice 03/09/2023 REV & REC DATA TO SOURCE SYSTEM 1,137.500.00 025-414380 Invoice 03/09/2023 DATA CONVERSION 1,250.000.00 025-414472 Invoice 03/09/2023 GO-LIVE ASSISTANCE 3,867.500.00 10383 U S POSTAL SERVICE 03/09/2023 8001425,000.00Regular 0.00 03/02/2023 Invoice 03/09/2023 REPLENISH POSTAGE METER MARCH PBP AC… 5,000.000.00 10385 UNDERGROUND SERVICE ALERT OF 03/09/2023 800143221.75Regular 0.00 220230371 Invoice 03/09/2023 UNDERGROUND SERVICES ALERT FEB 221.750.00 10390 US BANK CORPORATE PAYMENT 03/09/2023 80014432,921.21Regular 0.00 4348 2023-01-25 Invoice 03/09/2023 CAL-CARD PURCHASES JAN 2023 32,811.690.00 6249 2023-01-25 Invoice 03/09/2023 CAL-CARD PURCHASES JAN 2023 109.520.00 **Void** 03/09/2023 8001450.00Regular 0.00
10453 VINCENTBENJAMIN GROUP LLC 03/09/2023 800146136.00Regular 0.00 95702180745 Invoice 03/09/2023 TEMP SERVICES WEEK ENDING 2/19 (C SHU… 136.000.00 10405 VOYAGER FLEET SYSTEMS INC 03/09/2023 8001472,595.43Regular 0.00 8690611272308 Invoice 03/09/2023 CITY VEHICLE FUEL FEB 2,595.430.00 10406 WALLACE & ASSOCIATES 03/09/2023 80014811,664.00Regular 0.00 15581 Invoice 03/09/2023 CA/CI EL TORO / PORTOLA INTERSECTION J… 1,973.000.00 15684 Invoice 03/09/2023 CA/CI BAKE & BAFFIN BAY JAN MEADOWS T… 9,691.000.00 10491 WILLDAN FINANCIAL SERVICES 03/09/2023 8001491,795.00Regular 0.00 Item: 7
32 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 10 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 010-53883 Invoice 03/09/2023 COMPREHENSIVE DEVELOPMENT IMPACT F… 1,795.000.00 10568 ZINAT ARA 03/09/2023 800150250.00Regular 0.00
2002241.021 Invoice 03/09/2023 REFUND PERMIT 4357 250.000.00 10001 ABTECH TECHNOLOGIES INC 03/16/2023 80015129,229.00Regular 0.00 2302004-IN BAL Invoice 03/16/2023 REPLACEMENT HARD DRIVE - PENDING BAL… 5.500.00 W203765-IN Invoice 03/16/2023 IT MANAGED SERVICES MAR 29,223.500.00 10006 ADT SECURITY SERVICES 03/16/2023 8001521,070.49Regular 0.00 975235785 Invoice 03/16/2023 SECURITY QUARTERLY SERVICE SPORTS PARK 1,001.240.00 977212531 Invoice 03/16/2023 SECURITY MONITORING 03/19 - 04/18 SKATE… 69.250.00 10027 AMERICAN PLANNING ASSOCIATION SUBSCRIPTIONS03/16/2023 800153895.00Regular 0.00 066458-230101 Invoice 03/16/2023 MEMBERSHIP DUES FY 23-24 ACKERMAN 895.000.00 10028 AMERINAT 03/16/2023 80015416.00Regular 0.00
FS-5612 Invoice 03/16/2023 REHAB LOAN FEES HELMS 16.000.00 10042 ASSURED TELEMATICS INC 03/16/2023 80015524.25Regular 0.00 105381 Invoice 03/16/2023 FLEET GPS UNITS 24.250.00
10043 AT&T 03/16/2023 8001561,287.10Regular 0.00
3944 9715266709 Invoice 03/16/2023 INTERNET SERVICE JAN CIVIC CENTER 1,287.100.00 10047 AWARD CREATIONS 03/16/2023 80015720.11Regular 0.00 2023-1015 Invoice 03/16/2023 MAGNETIC NAME BADGE (M STANNARD) 20.110.00 10052 BEAR ELECTRICAL SOLUTIONS INC 03/16/2023 8001582,300.00Regular 0.00 18042 Invoice 03/16/2023 TRAFFIC SIGNAL MAINTENANCE JAN 2,300.000.00 10502 BKF ENGINEERS 03/16/2023 80015911,371.00Regular 0.00 23020972 Invoice 03/16/2023 LOS ALISOS/MUIRLANDS 2ND LEFT TURN DE… 11,371.000.00 THB001747 BRETT CHANNING 03/16/2023 800160600.11Regular 0.00 REFUND 03.06.23 Invoice 03/16/2023 REIMBURSE LOCC CMD CONFERENCE 2/8 - 2… 600.110.00 10062 BRIGHTVIEW LANDSCAPE SERVICES 03/16/2023 8001615,867.37Regular 0.00 8278659 Invoice 03/16/2023 STORM DRAIN CONNECTION CIVIC CENTER J… 3,616.530.00 8298223 Invoice 03/16/2023 MONTHLY MAINTENANCE DEC CIVIC CENTER 2,250.840.00 10074 CALIFORNIA STATE DISBURSEMENT 03/16/2023 800162149.30Regular 0.00 PPE 03/03/2023 Invoice 03/16/2023 REMIT ID 200000002413681 SDU/ TRIBAL 0… 149.300.00 10079 CALPERS LONG TERM CARE PROGRAM 03/16/2023 800163238.85Regular 0.00 14808025 Invoice 03/16/2023 EE CONT FOR PPE 03/17/2023 238.850.00 10494 CASSANDRA SAINDON 03/16/2023 800164120.00Regular 0.00 FEBRUARY 2023 Invoice 03/16/2023 THRIVE WELLNESS CLASS FEB 120.000.00 10091 CHARLES ABBOTT ASSOCIATES INC 03/16/2023 80016567,920.15Regular 0.00 65500 Invoice 03/16/2023 STREET MAINTENANCE FEB 67,920.150.00 10095 CITY OF LAKE FOREST SUNSHINE CLUB 03/16/2023 800166199.50Regular 0.00 03/03/2023 Invoice 03/16/2023 SUNSHINE CLUB EE CONT PPE 03/03/23 199.500.00 10109 COUNTY OF ORANGE TREASURER TAX 03/16/2023 80016750,208.33Regular 0.00 R1199 Invoice 03/16/2023 GENERAL ELECTION VOTING SVCS NOV 2022… 18,642.120.00 R1200 Invoice 03/16/2023 GENERAL ELECTION VOTING SVCS NOV 2022… 16,004.410.00 R1201 Invoice 03/16/2023 GENERAL ELECTION VOTING SVCS NOV 2022… 15,561.800.00 10110 COX COMMUNICATIONS 03/16/2023 8001682,364.35Regular 0.00 3601 03/01/2023 Invoice 03/16/2023 TELEPHONE, INTERNET, CABLE SERVICES MAR 2,322.110.00 6701 02/26/2023 Invoice 03/16/2023 CABLE SERVICES MAR 42.240.00 10116 DANIEL C DUNSHEE 03/16/2023 800169265.00Regular 0.00 Item: 7
33 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 11 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 20230316 Invoice 02/23/2023 MUSIC PERFORMANCE 3/16/2023 SENIOR C… 265.000.00 THB001154 DEBRA D ROSE 03/16/2023 80017054.96Regular 0.00 REFUND 02.16.23 Invoice 03/16/2023 REIMBURSE 2023 NEW MAYORS & COUNCIL… 54.960.00 10123 DEWEY PEST CONTROL 03/16/2023 80017175.00Regular 0.00 15754435 Invoice 03/16/2023 MONTHLY SERVICE MAR SKATE PARK 40.000.00 15754437 Invoice 03/16/2023 MONTHLY SERVICE MAR HEROES PARK 35.000.00 10137 EL TORO WATER DISTRICT 03/16/2023 8001729,345.38Regular 0.00 23-02 Invoice 03/16/2023 WATER SERVICES LFSP/MPS/PARKS FEB 9,345.380.00 10138 ELEGANT CONSTRUCTION INC 03/16/2023 80017355,100.00Regular 0.00 PROGRESS PAYM… Invoice 03/16/2023 REGENCY PARK RETENTION PW2017-17E FEB 55,100.000.00 10177 GUARDIAN 03/16/2023 8001748,405.28Regular 0.00
23-03 Invoice 03/16/2023 DENTAL INSURANCE MAR 2023 8,405.280.00 10178 HABITAT RESTORATION SCIENCES 03/16/2023 8001753,000.00Regular 0.00 12768 Invoice 03/16/2023 SLOPE LANDSCAPE / MITIGATION JAN CIVIC … 1,500.000.00 12769 Invoice 03/16/2023 SLOPE LANDSCAPE / MITIGATION FEB CIVIC … 1,500.000.00 THB004985 HANA EBRAHIM 03/16/2023 80017690.00Regular 0.00 03/06/2023 Invoice 03/16/2023 MMASC MEMBERSHIP REIMBURSEMENT 90.000.00 10572 INNOARC 03/16/2023 8001771,687.50Regular 0.00
SDP 02-23-5608 Invoice 03/16/2023 REFUND DEPOSIT SDP 02-23-5608 1,687.500.00 10195 IP VIDEO SPECIALISTS 03/16/2023 800178199.00Regular 0.00 6172 Invoice 03/16/2023 VIDEO STREAMING SERVICE MAR SKATE PA… 199.000.00 10197 IRVINE RANCH WATER DISTRICT 03/16/2023 80017918,099.49Regular 0.00 23-02 Invoice 03/16/2023 WATER SERVICES FEB CC, LFSP, MPS, PARKS 18,099.490.00 10199 JACOB GREEN 03/16/2023 80018023,742.84Regular 0.00 2169 Invoice 03/16/2023 EMERGENCY MANAGEMENT PLAN CONSULT… 4,612.800.00 2181 Invoice 03/16/2023 LOCAL HAZARD MITIGATION PLAN CONSULT… 7,091.670.00 2220 Invoice 03/16/2023 LOCAL HAZARD MITIGATION PLAN CONSULT… 7,091.670.00 2221 Invoice 03/16/2023 EMERGENCY MANAGEMENT PLAN CONSULT… 4,946.700.00 10542 JASON HOLDRIDGE 03/16/2023 800181500.00Regular 0.00 03/06/2023 Invoice 03/16/2023 BUNNY BLAST DJ 500.000.00 10207 JEFF ABBIT 03/16/2023 8001821,150.00Regular 0.00
322231 Invoice 03/16/2023 MAGICIAN FOR STATE OF THE CITY 650.000.00 401231 Invoice 03/16/2023 BUNNY BLAST MAGICIAN 500.000.00 10448 KARI HALL DBA OC PARTY COMPANY 03/16/2023 8001831,007.00Regular 0.00 1711 Invoice 03/16/2023 BUNNY BLAST FACE PAINTING 1,007.000.00 10228 LAKE FOREST CHAMBER OF COMMERCE 03/16/2023 8001845,000.00Regular 0.00 Q303012023 Invoice 03/16/2023 CITY CHAMBER CONTRACT OCT - FEB 3RD P… 5,000.000.00 10235 LOOPNET 03/16/2023 800185356.00Regular 0.00
117337912-1 Invoice 03/16/2023 COMMERCIAL PROPERTIES NOW FRONT-END… 356.000.00 10236 LSA ASSOCIATES INC 03/16/2023 8001864,047.50Regular 0.00 187077 Invoice 03/16/2023 ENVIRONMENTAL CONSULTING SERVICES UP… 983.750.00 187078 Invoice 03/16/2023 ENVRMNTL CNSLTNG SRVC UP 06-21-5438/… 3,063.750.00 10237 MAGIC JUMP RENTALS 03/16/2023 8001872,718.80Regular 0.00 96019 Invoice 03/16/2023 BUNNY BLAST JUMPERS 2,718.800.00 10244 MERCY HOUSE LIVING CENTERS INC 03/16/2023 80018833,934.11Regular 0.00 5001-22-08 Invoice 03/16/2023 CONTRACT SERVICES AUG 2022 HOMELESS … 7,896.890.00 5001-22-09 Invoice 03/16/2023 CONTRACT SERVICES SEPT 2022 HOMELESS … 3,692.350.00 Item: 7
34 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 12 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 5001-22-10 Invoice 03/16/2023 CONTRACT SERVICES OCT 2022 HOMELESS S… 8,033.580.00 5001-22-11 Invoice 03/16/2023 CONTRACT SERVICES NOV 2022 HOMELESS … 7,478.270.00 5001-22-12 Invoice 03/16/2023 CONTRACT SERVICES DEC 2022 HOMELESS S… 6,833.020.00 10248 MICHAEL D MCNEIL 03/16/2023 800189900.00Regular 0.00 14049685941423 Invoice 03/16/2023 DJ / MC FOR CLUBHOUSE DANCE 4/14/23 900.000.00 THB001884 MIKA J TOYOOKA 03/16/2023 800190252.46Regular 0.00 REFUND 03.08.20… Invoice 03/16/2023 REIMBURSEMENT AMERICA SAVES WEEK EV… 107.740.00 REFUND 03/08/20…Invoice 03/16/2023 REIMBURSE OFFICE & EMPLOYEE EVENT SU… 144.720.00 10468 MISSIONSQUARE 03/16/2023 80019112,538.63Regular 0.00 PPE 03/03/2023 Invoice 03/16/2023 DEFERRED COMP PPE 03/03/2023 ACCT #30… 12,538.630.00 10267 NOAH HOLLAND TORGESON 03/16/2023 800192400.00Regular 0.00 20230304 Invoice 03/16/2023 SPRING SHINDIG 400.000.00
10273 OCCUPATIONAL HEALTH CENTERS 03/16/2023 800193281.00Regular 0.00 78356693 Invoice 03/16/2023 PRE-EMPLOYMENT PHYSICAL AND TESTING … 230.000.00 78426813 Invoice 03/16/2023 PRE-EMPLOYMENT PHYSICAL AND TESTING … 51.000.00 10573 PLANCOM, INC 03/16/2023 8001941,031.88Regular 0.00 SDP 08-22-5561 Invoice 03/16/2023 REFUND DEPOSIT SDP 08-22-5561 1,031.880.00 10477 READWRITE EDUCATIONAL SOLUTIONS INC 03/16/2023 8001951,788.50Regular 0.00 11454 Invoice 03/16/2023 WINTER EDUCATION DEVELOPMENT INSTR… 487.200.00 11455 Invoice 03/16/2023 WINTER EDUCATION DEVELOPMENT INSTR… 354.900.00 11456 Invoice 03/16/2023 WINTER EDUCATION DEVELOPMENT INSTR… 946.400.00 10322 SCHNEIDER ELECTRIC BUILDINGS 03/16/2023 800196384.00Regular 0.00 935659 Invoice 03/16/2023 SOFTWARE INSTALLATION SERVICE 02/06 384.000.00 10335 SOUTHERN CALIFORNIA EDISON 03/16/2023 800197207.08Regular 0.00 1549 03/06/2023 Invoice 03/16/2023 PORTOLA PARK UTILITIES FEB 131.030.00 5146 03/06/2023 Invoice 03/16/2023 STREET LIGHT UTILITIES FEB 76.050.00 10505 STUDIO TWO BLACK DIAMOND PRINTING & GRAPHICS03/16/2023 800198481.85Regular 0.00 99823 Invoice 03/16/2023 TEMP BANNER/DONATION COLLECTION BOX… 131.660.00 99850 Invoice 03/16/2023 BUSINESS CARDS 350.190.00
10345 SUPER BIRTHDAY INC 03/16/2023 800199750.00Regular 0.00 27992 BAL DUE Invoice 03/16/2023 BUNNY BLAST TRAIN 750.000.00 10364 THE UPS STORE 0026 03/16/2023 800200270.00Regular 0.00 TCLF0220230026 Invoice 03/16/2023 PRE-EMPLOYMENT & VOLUNTEER FEB 270.000.00 10365 THERESA DOBBS 03/16/2023 8002015,805.00Regular 0.00 02/06/2023 Invoice 03/16/2023 CONSULTING SERVICES FEB 3,600.000.00 03/06/2023 Invoice 03/16/2023 CONSULTING SERICES FEB 2,205.000.00 10372 TRABUCO CANYON WATER DISTRICT 03/16/2023 800202135.11Regular 0.00 02/21/2023 Invoice 03/16/2023 MPS UTILITY EL TORO RD/PORTOLA METER … 135.110.00 10391 US BANK PARS 03/16/2023 8002031,543.59Regular 0.00 03/03/2023 Invoice 03/16/2023 PARS CONT PPE 03/03/2023 1,543.590.00 10392 US DEPT OF TREASURY 03/16/2023 800204888.03Regular 0.00 PPE 03/03/2023 Invoice 03/16/2023 AGENCY TRACKING WG2122418 PPE 03/03/… 888.030.00 10393 US TOO GYMNASTICS 03/16/2023 800205716.10Regular 0.00 11403 Invoice 03/16/2023 WINTER GYNMASTIC COURSE INSTRUCTOR … 227.500.00 11404 Invoice 03/16/2023 WINTER GYNMASTIC COURSE INSTRUCTOR … 143.500.00 11405 Invoice 03/16/2023 WINTER GYNMASTIC COURSE INSTRUCTOR … 140.000.00 11409 Invoice 03/16/2023 WINTER GYNMASTIC COURSE INSTRUCTOR … 205.100.00 10404 VONAGE BUSINESS 03/16/2023 8002069,749.42Regular 0.00 Item: 7
35 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 13 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 2232652 Invoice 03/16/2023 VOIP SYSTEM MAR SPORTS PARK 544.530.00 2232653 Invoice 03/16/2023 VOIP SYSTEM MAR SKATE PARK 137.350.00 2232654 Invoice 03/16/2023 VOIP SYSTEM MAR CIVIC CENTER 9,067.540.00 10506 WEST COAST ARBORISTS INC 03/16/2023 80020734,231.00Regular 0.00 196742 Invoice 03/16/2023 TREE MAINTENANCE 02/01-02/15 34,231.000.00 10001 ABTECH TECHNOLOGIES INC 03/23/2023 800208230.62Regular 0.00 2303005-IN Invoice 03/23/2023 SCANNER MAINTENANCE KIT 230.620.00 10581 ALI SHARIATNASAB 03/23/2023 800209500.00Regular 0.00 2002257.021 Invoice 03/23/2023 REFUND PERMIT 5710 500.000.00 10471 ALL CITIES ENGINEERING INC 03/23/2023 80021036,527.50Regular 0.00 2304 Invoice 03/23/2023 SAFE STEP IMPROVEMENT PROJECT MAR 36,527.500.00 10028 AMERINAT 03/23/2023 8002111,000.00Regular 0.00
LPM-22-002908 Invoice 03/23/2023 MONTHLY REHAB LOANS NOV 2022 1,000.000.00 10034 ANNEALTA GROUP 03/23/2023 8002126,900.62Regular 0.00 2723 Invoice 03/23/2023 DEVELOPMENT INSPECTION FEB LANDSEA S… 1,110.310.00 2724 Invoice 03/23/2023 DEVELOPMENT INSPECTION FEB AREA C-PO… 5,610.310.00 2725 Invoice 03/23/2023 DEVELOPMENT OT INSPECTION FEB AREA C-… 180.000.00 10038 ARCADIAN BANK 03/23/2023 80021315,000.00Regular 0.00 WEAVER 03/13/2… Invoice 03/23/2023 REHAB LOAN WEAVER 15,000.000.00 10041 ASCAP 03/23/2023 800214554.42Regular 0.00
100004904473 Invoice 03/23/2023 LICENSE FEE 1/1/23 - 6/30/23 468.000.00 100005904472 Invoice 03/23/2023 LICENSE FEE 7/1/22 - 12/31/22 REMAINING … 86.420.00 10042 ASSURED TELEMATICS INC 03/23/2023 80021524.25Regular 0.00 103844 Invoice 03/23/2023 FLEET GPS UNITS FEB 24.250.00 10044 AT&T CALNET3 03/23/2023 800216243.22Regular 0.00
157 000019562508 Invoice 03/23/2023 PARK UTILITIES FEB 48.980.00 189 000019614018 Invoice 03/23/2023 PARK UTILITIES FEB 71.790.00 257 000019612115 Invoice 03/23/2023 MPS UTILITIES FEB 122.450.00 10580 BRIAN M. KILLELEA LANDSCAPE CO, INC 03/23/2023 8002171,079.63Regular 0.00 SDP 12-22-5585 Invoice 03/23/2023 REFUND DEPOSIT SDP 12-22-5585 1,079.630.00 10062 BRIGHTVIEW LANDSCAPE SERVICES 03/23/2023 800218168,998.71Regular 0.00 8069840 Invoice 03/23/2023 INSTALLED DG STABILIZED IN VARIOUS PARK… 1,089.190.00 8071689 Invoice 03/23/2023 INSTALL BENCHES, TRASH CANS TAMARISK … 2,100.000.00 8158909 A Invoice 03/23/2023 PLANTINGS/TREE REMOVAL CIVIC CENTER O… 7,768.890.00 8277569 Invoice 03/23/2023 INSTALL DRAIN CATCHER TAMARISK PARK J… 1,282.030.00 8279373 Invoice 03/23/2023 MONTHLY MAINTENANCE JAN SPORTS PARKS 77,355.710.00 8298222 Invoice 03/23/2023 REPAIR BROKEN VALVES HEROES PARK FEB 2,047.180.00 8322548 Invoice 03/23/2023 MONTHLY MAINTENANCE FEB SPORTS PARKS 77,355.710.00 10104 CONVERGINT TECHNOLOGIES LLC 03/23/2023 8002192,917.33Regular 0.00 358010 Invoice 03/23/2023 CAMERA MAINTENANCE MAR 2,917.330.00 10579 CR&R INCORPORATED 03/23/2023 8002206,519.00Regular 0.00 000320247 Invoice 03/23/2023 DUMP DAY 12/10/22 6,519.000.00 10113 CROWN FACILITY SOLUTIONS 03/23/2023 800221218.32Regular 0.00 1463 Invoice 03/23/2023 JANITORIAL SERVICES FOR TOURNAMENT 3/… 218.320.00 10117 DANIEL E DUNKLEBERG 03/23/2023 800222270.00Regular 0.00 34304 Invoice 03/23/2023 NAME PLATES MAR 90.000.00
34306 Invoice 03/23/2023 NAME PLATES - PLANNING COMMISSION M… 180.000.00 10583 DAVE ARNAUCKAS 03/23/2023 800223300.00Regular 0.00 Item: 7
36 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 14 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 2002264.021 Invoice 03/23/2023 REFUND PERMIT 4987 300.000.00 10122 DEPARTMENT OF JUSTICE 03/23/2023 800224177.00Regular 0.00 641125 Invoice 03/23/2023 PRE-EMPLOYMENT & VOLUNTEER FINGERPR… 177.000.00 10420 DIAMOND CONSTRUCTION & DESIGN 03/23/2023 800225166,910.73Regular 0.00 PROGRESS PAYM… Invoice 03/23/2023 PARKS RENO SUNDOWNER/ VINTAGE PARKS… 4,582.800.00 PROGRESS PAYM… Invoice 03/23/2023 PARKS RENOV VINTAGE PARK PW2017-17D … 106,420.430.00 PROGRESS PAYM… Invoice 03/23/2023 PARKS RENO VINTAGE PARK PW2017-17D J… 55,907.500.00 10186 ICF JONES & STOKES INC 03/23/2023 8002265,328.32Regular 0.00 INV-00000039681 Invoice 03/23/2023 MITIGATION CONSTRUCTION AUG-SEPT 202… 4,744.070.00 INV-00000052779 Invoice 03/23/2023 MITIGATION CONSTRUCTION DEC - FEB CIVI… 584.250.00 10454 INNOVATIVE CLEANING SERVICES INC 03/23/2023 800227227,140.41Regular 0.00 24919 Invoice 03/23/2023 MONTHLY JANITORIAL SERVICES CIVIC CENT… 32,838.630.00 25328 Invoice 03/23/2023 MONTHLY JANITORIAL SERVICES CIVIC CENT… 32,383.630.00 25506 Invoice 03/23/2023 MONTHLY JANITORIAL SERVICES CIVIC CENT… 32,383.630.00 25704 Invoice 03/23/2023 MONTHLY JANITORIAL SERVICES CIVIC CENT… 32,383.630.00 25938 Invoice 03/23/2023 MONTHLY JANITORIAL SERVICES CIVIC CENT… 32,383.630.00 26284 Invoice 03/23/2023 MONTHLY JANITORIAL SERVICES CIVIC CENT… 32,383.630.00 26423 Invoice 03/23/2023 MONTHLY JANITORIAL SERVICES CIVIC CENT… 32,383.630.00 10198 ITERIS INC 03/23/2023 8002287,746.03Regular 0.00
154147 Invoice 03/23/2023 TRAFFIC SIGNAL SERVICES FEB 7,746.030.00 10585 JOHN T ERTZ, INC 03/23/2023 8002292,053.19Regular 0.00 RESB-02-23-59063 Invoice 03/23/2023 REFUND DUPLICATE PAYMENT CC ERROR 03… 2,053.190.00 THB001803 KAY M YOSHINO 03/23/2023 80023021.53Regular 0.00 REFUND 03/17/20…Invoice 03/23/2023 REIMBURSE 4 LOCKS FOR CIVIC CENTER DO… 21.530.00 10220 KIDDER MATHEWS OF CALIFORNIA 03/23/2023 80023132,152.21Regular 0.00 KMCA6450 Invoice 03/23/2023 CIVIC CENTER MAINTENANCE FEB 32,152.210.00 10229 LAKE FOREST EXPRESS WASH 03/23/2023 80023215.00Regular 0.00 1092 Invoice 03/23/2023 VEHICLE WASH FEB 15.000.00
10238 MARINA AGUILERA 03/23/2023 800233960.00Regular 0.00 03/13/2023 Invoice 03/23/2023 BUNNY BLAST CARICATURE ARTISTS 04/01/2… 960.000.00 10241 MASTER WASH INC 03/23/2023 800234350.00Regular 0.00 74008 Invoice 03/23/2023 CITY VEHICLE CAR WASH MAR 350.000.00 10250 MONOGRAM MAGIC 03/23/2023 800235282.18Regular 0.00 10082 Invoice 03/23/2023 UNIFORMS HUGO, TONY MAR 282.180.00 10254 MTR HORTICULTURE INC 03/23/2023 8002363,225.00Regular 0.00 3-8-23 Invoice 03/23/2023 LFSP QUARTERLY PALM TREE INSPECTION F… 3,225.000.00 10257 MUNICIPAL MANAGEMENT ASSOCIATION OF SOUTHERN CALIFORNIA03/23/2023 800237120.00Regular 0.00 6675 Invoice 03/23/2023 2023 WINTER FORUM EVENT REGISTRATION… 120.000.00 10263 NETFILE 03/23/2023 8002382,500.00Regular 0.00
8571 Invoice 03/23/2023 FPPC ELECTRONIC FILING APR - JUL 2,500.000.00 10485 NEXT STAGE GROUP 03/23/2023 80023950,819.40Regular 0.00 03092023-1 Invoice 03/23/2023 LODGE POLE FENCE REPLACEMENT EL TORO… 50,819.400.00 10584 NOHA GARAS 03/23/2023 80024055.00Regular 0.00
2002266.021 Invoice 03/23/2023 REFUND 11603 LEARN TO PLAY PICKLEBALL 55.000.00 10273 OCCUPATIONAL HEALTH CENTERS 03/23/2023 80024151.00Regular 0.00 78499649 Invoice 03/23/2023 STAR VOLUNTEER PHYSICAL & BACKGROUND… 51.000.00 10536 ODP BUSINESS SOLUTIONS LLC 03/23/2023 8002422,344.14Regular 0.00 Item: 7
37 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 15 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 25501227 Invoice 03/23/2023 OPERATING SUPPLIES FEBRUARY 2023 2,344.140.00 10316 ROSENOW SPEVACEK GROUP INC 03/23/2023 800243247.50Regular 0.00 I009957 Invoice 03/23/2023 AFFORDABLE HOUSING CONSULTING FEB 247.500.00 10586 SEAN LANDSCAPE CONSTRUCTION 03/23/2023 80024462.80Regular 0.00 RESB-11-22-57965 Invoice 03/23/2023 REFUND PERMIT RESB-11-22-57965 62.800.00 10324 SHELLY BOOTH 03/23/2023 8002451,897.78Regular 0.00 0001 Invoice 03/23/2023 PICKLEBALL PRIZES 179.280.00
011438 Invoice 03/23/2023 WINTER PICKLEBALL INSTRUCTOR PAYMENT 700.000.00 011440 Invoice 03/23/2023 WINTER PICKLEBALL INSTRUCTOR PAYMENT 231.000.00 011441 Invoice 03/23/2023 WINTER PICKLEBALL INSTRUCTOR PAYMENT 388.500.00 011442 Invoice 03/23/2023 WINTER PICKLEBALL INSTRUCTOR PAYMENT 399.000.00 10329 SO CAL INDUSTRIES 03/23/2023 800246114.28Regular 0.00 616642 Invoice 03/23/2023 PORTALET RANTALS 2/21 - 3/20 114.280.00 10335 SOUTHERN CALIFORNIA EDISON 03/23/2023 80024748,919.58Regular 0.00 3106 03/03/2023 Invoice 03/23/2023 STREET LIGHT UTILITIES FEB 8,642.400.00 3611 03/13/2023 Invoice 03/23/2023 PARK UTILITIES PARKS, MPS LFSP, BUS SHEL… 18,309.460.00 8114 03/09/2023 Invoice 03/23/2023 CIVIC CENTER UTILITIES PARKING GARAGE F… 4,638.270.00 8477 03/09/2023 Invoice 03/23/2023 CIVIC CENTER UTILITIES FEB 17,329.450.00 10347 SUPERIOR PROPERTY SERVICES INC 03/23/2023 80024810,375.00Regular 0.00 17751 Invoice 03/23/2023 GRAFFITI REMOVAL, PRESSURE WASH & STE… 10,375.000.00 10353 TAIT & ASSOCIATES INC 03/23/2023 80024911,867.82Regular 0.00 155683 Invoice 03/23/2023 JERONIMO/EL TORO WIDENING JAN 6,625.940.00 155684 Invoice 03/23/2023 EL TORO ROAD RAISED MEDIANS JAN 2,909.380.00 155685 Invoice 03/23/2023 EL TORO ROAD RAISED MEDIANS JAN 2,332.500.00 10359 THE GAS COMPANY 03/23/2023 8002506,421.02Regular 0.00 2943 03/13/2023 Invoice 03/23/2023 SPORTS PARK UTILITIES FEB 2,253.600.00 9109 03/10/2023 Invoice 03/23/2023 CIVIC CENTER UTILITIES FEB 4,167.420.00 10506 WEST COAST ARBORISTS INC 03/23/2023 80025113,378.00Regular 0.00 197092 Invoice 03/23/2023 TREE MAINTENANCE FEB 16 - 28 13,378.000.00 10582 XIAOFAN LI 03/23/2023 800252290.00Regular 0.00
2002258.021 Invoice 03/23/2023 REFUND 11645, 11646, 11647 YOUTH AEST… 290.000.00 10020 ALLISON MECHANICAL INC 03/30/2023 8002534,056.16Regular 0.00 79164R Invoice 03/30/2023 HVAC CONTROLLER/CLEAN SERVICE FEB LFSP 4,056.160.00 10026 AMERICAN FIDELITY ASSURANCE CO 03/30/2023 800254505.18Regular 0.00 D571683 Invoice 03/30/2023 AF OPTIONAL INSURANCE PREMIUM MARCH… 505.180.00 10027 AMERICAN PLANNING ASSOCIATION SUBSCRIPTIONS03/30/2023 800255146.00Regular 0.00 384836-230317 Invoice 03/30/2023 MEMBERSHIP DUES FY 22-23 MUSLER 146.000.00 10033 ANGELA VELEZ 03/30/2023 800256518.00Regular 0.00
11382 Invoice 03/30/2023 WINTER ZUMBA GOLD CLASS INSTRUCTOR … 63.000.00 11383 Invoice 03/30/2023 WINTER ZUMBA GOLD CLASS INSTRUCTOR … 315.000.00 11385 Invoice 03/30/2023 WINTER ZUMBA GOLD CLASS INSTRUCTOR … 140.000.00 10039 ARDURRA GROUP INC 03/30/2023 80025783,951.00Regular 0.00 134150 Invoice 03/30/2023 PROFESSIONAL SERVICES FEB 83,951.000.00 10047 AWARD CREATIONS 03/30/2023 80025836.28Regular 0.00 2023-1016 Invoice 03/30/2023 CS COMMISSIONERS NAME BADGES 36.280.00 10051 BARRIOS & ASSOCIATES LLC 03/30/2023 8002596,500.00Regular 0.00 2303-370 Invoice 03/30/2023 PROFESSIONAL SERVICES FEB SWLF OUTREA… 6,500.000.00 10052 BEAR ELECTRICAL SOLUTIONS INC 03/30/2023 80026015,373.25Regular 0.00 Item: 7
38 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 16 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 17631 Invoice 03/30/2023 TRAFFIC SIGNAL MAINTENANCE RESPONSE J… 15,373.250.00 10502 BKF ENGINEERS 03/30/2023 8002615,870.50Regular 0.00 23031167 Invoice 03/30/2023 LOS ALISOS/MUIRLANDS 2ND LEFT TURN DE… 5,870.500.00 10062 BRIGHTVIEW LANDSCAPE SERVICES 03/30/2023 80026216,758.95Regular 0.00 8296333 Invoice 03/30/2023 FIELD REPAIRS FEB FOOTHILL RANCH 13,133.950.00 8310055 Invoice 03/30/2023 MONTHLY MAINTENANCE MAR CIVIC CENTER 3,625.000.00 10591 BUTLER AMERICA 03/30/2023 8002634,556.75Regular 0.00 UP 10-22-5574 Invoice 03/30/2023 LSSNA01068B REFUND 4,556.750.00 10074 CALIFORNIA STATE DISBURSEMENT 03/30/2023 800264149.30Regular 0.00 PPE 03/17/2023 Invoice 03/30/2023 REMIT ID 200000002413681 SDU/TRIBAL 06… 149.300.00 10079 CALPERS LONG TERM CARE PROGRAM 03/30/2023 800265238.85Regular 0.00 14814077 Invoice 03/30/2023 EE CONT PPE 03/31/2023 238.850.00 10087 CARRIER JOHNSON 03/30/2023 800266115.00Regular 0.00 39910 Invoice 03/30/2023 SENIOR CENTER PATIO COVER FEB 115.000.00 10095 CITY OF LAKE FOREST SUNSHINE CLUB 03/30/2023 800267199.50Regular 0.00 PPE 03/17/2023 Invoice 03/30/2023 EE CONT PPE 03/17/2023 199.500.00 10117 DANIEL E DUNKLEBERG 03/30/2023 80026845.00Regular 0.00 34305 Invoice 03/30/2023 NEW COMMISSIONER DIAS NAME PLATE 45.000.00 10134 ECONOMICS INC 03/30/2023 80026912,329.57Regular 0.00 2021-22.20 Invoice 03/30/2023 PROFESSIONAL SERVICES SOLID WASTE & SB… 8,617.070.00 2022.13 Invoice 03/30/2023 PROFESSIONAL SERVICES JOINT RFP SOLID … 3,712.500.00 10139 ELENA SALISBURY 03/30/2023 8002704,994.50Regular 0.00 11362 Invoice 03/30/2023 WINTER MUSIC TOGETHER INSTRUCTOR PA… 1,197.000.00 11363 Invoice 03/30/2023 WINTER MUSIC TOGETHER INSTRUCTOR PA… 1,732.500.00 11365 Invoice 03/30/2023 WINTER MUSIC TOGETHER INSTRUCTOR PA… 1,736.000.00 11366 Invoice 03/30/2023 WINTER MUSIC TOGETHER INSTRUCTOR PA… 329.000.00 10147 EVER AFTER EVENT PRODUCTIONS 03/30/2023 8002712,578.80Regular 0.00 11367 Invoice 03/30/2023 WINTER DANCE CLASS INSTRUCTOR PAYME… 827.400.00 11368 Invoice 03/30/2023 WINTER DANCE CLASS INSTRUCTOR PAYME… 872.200.00 11369 Invoice 03/30/2023 WINTER DANCE CLASS INSTRUCTOR PAYME… 249.200.00 11370 Invoice 03/30/2023 WINTER DANCE CLASS INSTRUCTOR PAYME… 630.000.00 10155 FASTSIGNS OF LAKE FOREST 03/30/2023 800272840.45Regular 0.00 2016-15139 Invoice 03/30/2023 RENOVATION SIGNS FEB VARIOUS PARKS 840.450.00 10470 GLADWELL GOVERNMENTAL SERVICES INC 03/30/2023 8002731,300.00Regular 0.00 5143 Invoice 03/30/2023 PHASE 1: RECORDS RETENTION FINALS, IND… 1,300.000.00 10535 GREEN EFFECT 03/30/2023 800274290.00Regular 0.00
6378 Invoice 03/30/2023 STATE OF THE CITY 03/22 DECOR 290.000.00 10179 HARTZOG & CRABILL INC 03/30/2023 80027515,116.62Regular 0.00 23-0157 Invoice 03/30/2023 TRAFFIC ENGINEERING DEVELOPMENT/CIP … 7,044.140.00 23-0158 Invoice 03/30/2023 TRAFFIC ENGINEERING DEVELOPMENT/CIP J… 8,072.480.00 10525 IE GENERAL ENGINEERING INC 03/30/2023 80027632,786.40Regular 0.00 3 Invoice 03/30/2023 COMPLEX PAVER REPLACEMENT SPORTS PA… 32,786.400.00 10461 IMS INFRASTRUCTURE MANAGEMENT SERVICES LP03/30/2023 8002778,165.00Regular 0.00 50527-6 Invoice 03/30/2023 PAVEMENT MGMT PLAN FEB 8,165.000.00 10194 INTERWEST CONSULTING 03/30/2023 800278145,448.73Regular 0.00 86250 Invoice 03/30/2023 BUILDING & SAFETY SERVICES FEB 145,448.730.00 10593 IPERMIT 03/30/2023 80027970.19Regular 0.00
Item: 7
39 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 17 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount RMECH-01-23-58… Invoice 03/30/2023 REFUND CANCELLED PERMIT RMECH-01-23-… 70.190.00 10198 ITERIS INC 03/30/2023 80028012,656.78Regular 0.00 155056 Invoice 03/30/2023 TRAFFIC SIGNAL SERVICES MAR 12,656.780.00 10208 JENNIFER ANDRUS-NELSON 03/30/2023 800281710.50Regular 0.00 11436 Invoice 03/30/2023 WINTER ETIQUETTE CLASS INSTRUCTOR PA… 710.500.00 10486 JOHN LYLE 03/30/2023 800282270.90Regular 0.00
11350 Invoice 03/30/2023 WINTER KARATE CLASS INSTRUTOR PAYMENT 270.900.00 10213 JOLANDA S CATERING & CAFE 03/30/2023 8002831,760.00Regular 0.00 03/16/2023 Invoice 03/30/2023 SENIOR THURSDAY LUNCH 03/16 1,760.000.00 10222 KNOWBE4 INC 03/30/2023 8002841,743.75Regular 0.00 INV227339 Invoice 03/30/2023 ONLINE SECURITY AWARNESS TRAINING 3/2… 1,743.750.00 10226 L & M AUTOMOTIVE 03/30/2023 800285975.29Regular 0.00 50946 Invoice 03/30/2023 VEHICLE MAINTENANCE MAR 2015 CHEVY C… 975.290.00 10594 LEBATA, INC 03/30/2023 8002861,373.75Regular 0.00 SDP 10-22+-5570 Invoice 03/30/2023 REFUND PERMIT SDP 10-22-5570 1,373.750.00 10478 LOCAL AGENCY ENGINEERING ASSOCIATES INC 03/30/2023 8002871,487.50Regular 0.00 23-225 Invoice 03/30/2023 JERONIMO/MUIRLANDS ARTERIAL SLURRY … 1,487.500.00 10240 MARYAM STEVENSON 03/30/2023 800288680.40Regular 0.00 11379 Invoice 03/30/2023 WINTER BOOT CAMP INSTRUCTOR PAYMENT 680.400.00 10468 MISSIONSQUARE 03/30/2023 80028912,538.63Regular 0.00 03/17/2023 Invoice 03/30/2023 DEFERRED COMP PPE 03/17/2023 ACCOUNT… 12,538.630.00 THB004892 NICOLE HOUSTON 03/30/2023 80029059.94Regular 0.00 03/17/2023 Invoice 03/30/2023 TRAVEL REIMBURSEMENT MMASC 03/17 59.940.00 10276 ONWARD ENGINEERING 03/30/2023 80029130,739.85Regular 0.00 6783 Invoice 03/30/2023 LAKE FOREST DR RESURFACING DESIGN FEB 17,825.000.00 6784 Invoice 03/30/2023 TRABUCO RD RESURFACING DESIGN FEB 2,328.750.00 6785 Invoice 03/30/2023 PHASE 14 ADA ACCESS RAMP IMPRV PROJE… 10,586.100.00 10303 RALPH ANDERSEN & ASSOCIATES 03/30/2023 80029212,400.00Regular 0.00 INV-04204 Invoice 03/30/2023 CLASS AND COMP ANALYSIS FEB 12,400.000.00 10592 REPIPE 1 03/30/2023 800293116.00Regular 0.00
RPLMB-03-23-594… Invoice 03/30/2023 REFUND CANCELLED PERMIT RPLMB-03-23-… 116.000.00 10501 SENITICA CONSTRUCTION INC 03/30/2023 80029436,007.38Regular 0.00 2R1 Invoice 03/30/2023 BAKE&BAFFIN BAY MEDIAN IMPRV 1/16-2/1… 36,007.380.00 10324 SHELLY BOOTH 03/30/2023 8002951,879.50Regular 0.00 11439 Invoice 03/30/2023 WINTER PICKLEBALL INSTRUCTOR PAYMENT 689.500.00 11444 Invoice 03/30/2023 WINTER PICKLEBALL INSTRUCTOR PAYMENT 1,190.000.00 10335 SOUTHERN CALIFORNIA EDISON 03/30/2023 8002967,021.57Regular 0.00 5025 03/15/2023 Invoice 03/30/2023 TRAFFIC SIGNAL UTILITIES FEB 7,021.570.00 10337 SOUTHERN CALIFORNIA NEWS GROUP 03/30/2023 8002972,542.44Regular 0.00 0000560943 Invoice 03/30/2023 PUBLIC NOTICES FEB 2,542.440.00 10539 STANTEC CONSULTING SERVICES INC 03/30/2023 8002989,975.00Regular 0.00 2049882 Invoice 03/30/2023 TRAFFIC MODELING FEB LFTM 9,975.000.00 10348 SUSAN SELLERS 03/30/2023 800299350.00Regular 0.00 044 Invoice 03/30/2023 EMPLOYEE WELLNESS INSTRUCTOR 02/01-0… 350.000.00 10353 TAIT & ASSOCIATES INC 03/30/2023 80030011,497.50Regular 0.00 156972 Invoice 03/30/2023 JERONIMO /EL TORO WIDENING FEB 3,937.500.00 Item: 7
40 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 18 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 156973 Invoice 03/30/2023 ELTORO RAISED MEDIANS FEB 7,560.000.00 10366 THOMAS J O CONNELL 03/30/2023 80030110,262.99Regular 0.00 INV-2023-111 Invoice 03/30/2023 CAMERA BATTERY CHARGE JAN JERONIMO/… 454.720.00 INV-2023-116 Invoice 03/30/2023 REPLACE BATHROOM LIGHT FIXTURE DEC F… 1,014.800.00 INV-2023-117 Invoice 03/30/2023 REPLACE LIGHTS/INSTALL GFI IN RSTRM DEC… 504.180.00 INV-2023-120 Invoice 03/30/2023 SCOREBOARD REPAIRS JAN HEROES PARK 1,472.250.00 INV-2023-123 Invoice 03/30/2023 FLOOD LIGHT REPAIR JAN RIMGATE PARK 595.540.00 INV-2023-124 Invoice 03/30/2023 GAZEBO LIGHTS REPAIR JAN LFSP 964.780.00 INV-2023-125 Invoice 03/30/2023 FLAG POLE LIGHTS REPAIR JAN LFSP 736.380.00 INV-2023-126 Invoice 03/30/2023 FLAGPOLE LIGHT REPAIR JAN HEROES PARK 400.660.00 INV-2023-127 Invoice 03/30/2023 RESTROOM HAND DRYER REPAIR JAN MOU… 162.400.00 INV-2023-128 Invoice 03/30/2023 PARKING LOT LIGHTS REPAIR JAN BORREGO … 329.850.00 INV-2023-129 Invoice 03/30/2023 REPLACE FLOOD LIGHTS FEB SKATEARK 3,237.670.00 INV-2023-130 Invoice 03/30/2023 WALKWAY LIGHTS REPAIR FEB VINTAGE PARK 389.760.00 10382 TYLER TECHNOLOGIES INC 03/30/2023 800302780.00Regular 0.00 025-416195 Invoice 03/30/2023 POST GO-LIVE ASSISTANCE 780.000.00 10391 US BANK PARS 03/30/2023 8003031,875.44Regular 0.00 03/17/2023 Invoice 03/30/2023 PARS CONT PPE 03/17/2023 1,875.440.00 10392 US DEPT OF TREASURY 03/30/2023 800304888.03Regular 0.00 03/17/2023 Invoice 03/30/2023 AGENCY TRACKING WG2122418 PPE 03/17/… 888.030.00 10393 US TOO GYMNASTICS 03/30/2023 800305884.80Regular 0.00 11406 Invoice 03/30/2023 WINTER GYMNASTICS COURSE INSTRUCTOR… 276.500.00 11407 Invoice 03/30/2023 WINTER GYMNASTICS COURSE INSTRUCTOR… 280.000.00 11408 Invoice 03/30/2023 WINTER GYMNASTICS COURSE INSTRUCTOR… 227.500.00 11411 Invoice 03/30/2023 WINTER GYMNASTICS COURSE INSTRUCTOR… 100.800.00 10406 WALLACE & ASSOCIATES 03/30/2023 80030610,530.00Regular 0.00 15804 Invoice 03/30/2023 CA/CI EL TORO / PORTOLA PARK LIGHTING J… 1,449.000.00 16058 Invoice 03/30/2023 CA/CI EL TORO/PORTOLA INTERSECTION FEB 3,753.000.00 16060 Invoice 03/30/2023 CA/CI BAKE & BAFFIN BAY FEB MEADOWS T… 4,207.000.00 16061 Invoice 03/30/2023 CA/CI EL TORO / PORTOLA PARK LIGHTING F… 1,121.000.00 10410 Z&K CONSULTANTS INC 03/30/2023 80030728,196.00Regular 0.00 9043A Invoice 03/30/2023 NEIGHBORHOOD PARK RENO VINTAGE & S… 11,310.000.00 9043B Invoice 03/30/2023 NH PARK RENO BORREGO, REGENCY, RANC… 6,536.000.00 9044A Invoice 03/30/2023 NEIGHBORHOOD PARK RENO VINTAGE & S… 5,250.000.00 9044B Invoice 03/30/2023 NH PARK RENO BORREGO, REGENCY, RANC… 5,100.000.00 5,281,251.11Total Regular: 0.00
Item: 7
41 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 19 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount Payment Type: Bank Draft
10004 ADP 03/10/2023 DFT0000010220,868.58Bank Draft 0.00 03/03/2023 DD A… Invoice 03/10/2023 PR PAYABLE DIR DEP ACH FOR PPE 03/03/20… 220,868.580.00 10004 ADP 03/10/2023 DFT0000010-220,868.58Bank Draft 0.00 10080 CALPERS HEALTH BENEFITS BRANCH 03/03/2023 DFT000001392,842.26Bank Draft 0.00 100000017087968 Invoice 03/03/2023 HEALTH INSURANCE MARCH 2023 92,842.260.00 10076 CALPERS EMPLOYER SVCS 03/03/2023 DFT000001447,418.95Bank Draft 0.00 02/17/2023 Invoice 03/03/2023 RETIREMENT PPE 02/17/2023 47,418.950.00 10076 CALPERS EMPLOYER SVCS 03/17/2023 DFT000001847,336.55Bank Draft 0.00 03/03/2023 Invoice 03/17/2023 RETIREMENT CONTRIBUTIONS 47,336.550.00 10076 CALPERS EMPLOYER SVCS 03/30/2023 DFT000001947,774.17Bank Draft 0.00 PPE 03/17/2023 Invoice 03/30/2023 RETIREMENT CONTRIBUTIONS 47,774.170.00 235,371.93Total Bank Draft: 0.00
Regular Checks
Manual Checks
Voided Checks
Discount
Payment
CountPayment Type
Bank Code OP Summary
Bank Drafts
EFT's
306
2 3
6 0
0.00 0.00
0.00 0.00
0.00 317 0.00
Payment
5,283,413.89
2,703.61
-2,162.78
235,371.93
0.00 5,519,326.65
Payable
Count
480
2 0
5 0
487
Item: 7
42 Check Report Date Range: 02/23/2023 - 03/31/2023
3/30/2023 2:07:21 PM Page 20 of 21
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount Bank Code: PR-Payroll
Payment Type: Bank Draft
10005 ADP TAX FINANCIAL SVC 02/24/2023 DFT000000253,272.50Bank Draft 0.00 02/24/2023 Invoice 02/24/2023 PAYROLL TAXES FOR PPE 02/17/2023 53,272.500.00 10004 ADP 02/24/2023 DFT0000003-200,817.43Bank Draft 0.00 10004 ADP 02/24/2023 DFT0000003200,817.43Bank Draft 0.00 DD 02/24/2023 Invoice 02/24/2023 DIRECT DEPOSIT ACH FOR PPE 2/17/2023 200,817.430.00 10004 ADP 02/24/2023 DFT0000008220,817.43Bank Draft 0.00 DD 02/24/2023 - X Invoice 02/24/2023 DIRECT DEPOSIT ACH FOR PPE 2/17/2023 220,817.430.00 10005 ADP TAX FINANCIAL SVC 03/10/2023 DFT000000952,729.39Bank Draft 0.00 03/03/2023 Invoice 03/10/2023 PAYROLL TAXES PPE 03/03/2023 52,729.390.00 10004 ADP 03/10/2023 DFT00000111,542.00Bank Draft 0.00
628098308 Invoice 03/10/2023 ADP TIME AND ATTENDANCE 1,542.000.00 10004 ADP 03/10/2023 DFT00000121,247.95Bank Draft 0.00
628097384 Invoice 03/10/2023 WORKFORCE NOW HCM PE 02/06/2023 1,247.950.00 10004 ADP 03/10/2023 DFT00000151,832.94Bank Draft 0.00
628097730 Invoice 03/10/2023 PROCESSING CHARGES PE 2/3, 2/9, 2/17 & 2… 1,832.940.00 10005 ADP TAX FINANCIAL SVC 03/23/2023 DFT000001653,588.11Bank Draft 0.00 03/17/2023 Invoice 03/23/2023 PAYROLL TAXES PPE 03/17/2023 53,588.110.00 10004 ADP 03/24/2023 DFT0000017224,993.66Bank Draft 0.00 DD PPE 03/17/20… Invoice 03/24/2023 DIRECT DEPOSIT ACH PPE 03/17/2023 224,993.660.00 10004 ADP 03/10/2023 DFT0000023220,868.58Bank Draft 0.00 DD PPE 03/10/20… Invoice 03/10/2023 DIRECT DEPOSIT ACH PPE 03/10/2023 220,868.580.00 830,892.56Total Bank Draft: 0.00
Regular Checks
Manual Checks
Voided Checks
Discount
Payment
CountPayment Type
Bank Code PR Summary
Bank Drafts
EFT's
0 0
0 11
0 0.00
0.00 0.00
0.00 0.00
11 0.00
Payment
0.00 0.00
0.00 830,892.56
0.00 830,892.56
Payable
Count
0 0
0 10
0 10
Item: 7
43 Check Report Date Range: 02/23/2023 - 03/31/2023
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
306
2 3
17 0
0.00 0.00
0.00 0.00
0.00 328 0.00
5,283,413.89
2,703.61
-2,162.78
1,066,264.49
0.00 6,350,219.21
480
2 0
15 0
497
Fund Name AmountPeriod
Fund Summary
999 Pooled Cash 949,084.422/2023
999 Pooled Cash 5,401,134.793/2023
6,350,219.21
Item: 7
44 CITY COUNCIL AGENDA REPORT
MEETING DATE: 04/04/2023
DEPARTMENT: Management Services
SUBJECT:
SECOND AMENDMENT TO THE AGREEMENT WITH CROWN FACILITY
SOLUTIONS TO PROVIDE CUSTODIAL MAINTENANCE SERVICES AT THE
LAKE FOREST SPORTS PARK
RECOMMENDED ACTION(S):
1. Approve the Second Amendment to the Agreement for Maintenance Services with Crown Facility Solutions to provide custodial maintenance services at the Lake Forest Sports Park.
2. Authorize the Mayor to sign, and the City Clerk to attest, the Second Amendment to the Agreement with Crown Facility Solutions, substantially in the form attached.
EXECUTIVE SUMMARY:
The City utilizes Crown Facility Solutions (“Crown”) for custodial maintenance services at the Lake Forest Sports Park and Community Policing Center. Crown was originally awarded their three-year Agreement for Maintenance Services (“Agreement”) by the City Council on June 18, 2019, which included compensation amount of $202,705. On May 17, 2022, the City Council awarded the First Amendment to the Agreement, which added $77,954 in compensation and extended the term to June 30, 2023.
Staff desires to extend the Agreement for one additional year, as described in the Agreement. The proposed Second Amendment would extend the term of the Agreement with Crown through June 30, 2024 and increase the total compensation by $78,660. If approved, the propose Second Amendment would bring the total compensation in the Agreement to $359,339. The Second Amendment would largely preserve the Scope of Work the currently exists in the Agreement. However, the Second Amendment would eliminate the requirement to provide janitorial services at the Orange County Sheriff’s Department (“OCSD”) Policing Center (“Policing Center”) because it is no longer being utilized as an off-site substation. Therefore, the proposed Second Amendment to the Agreement is solely for the maintenance services at the Lake Forest Sports Park. The proposed Second Amendment includes an increase of 5% to the Item: 8
45 2
5 0
3 monthly rates due to the increased staffing and material costs experienced by Crown. The 5% increase is allowed under the terms of the Agreement because it is less than the Consumer Price Index (“CPI”), All Urban Consumers, for Los Angeles-Long Beach-Anaheim, which was 5.1%. The Second Amendment to the Agreement with Crown was prepared by the Finance Department and reviewed by the City Attorney and approved as to form. If approved, staff will propose sufficient funds in the 2023-25 Operating Budget to cover the costs of the recommended action.
BACKGROUND:
At its June 18, 2019, meeting, the City Council approved the Agreement with Crown with a compensation amount of $202,725 to provide cleaning services at the Lake Forest Sports Park and OCSD Policing Center. The Agreement included a three-year term with the option to exercise two one-year extensions based on vendor performance. Due to satisfactory performance over the initial term of the Agreement, the City Council approved the First Amendment at its May 17, 2022 meeting, which extended the term through June 30, 2023 and added $77,954 in compensation. he Scope of Work for the Agreement includes the following daily services at the Sports Park and OCSD Policing Center:
• Vacuum carpet
• Empty trash & recycle bins
• Clean mirrors & fixtures
• Restock paper/soap
• Sweep & damp mop floors
• Wipe counters & appliances
• Re-wax/buff hard surface floors
• Wash interior/exterior windows
• Quarterly deep cleanings of furniture
Additionally, the Agreement provides for janitorial services at the Lake Forest Sports Park during tournaments.
DISCUSSION:
The Agreement with Crown is set to expire on June 30, 2023. As a result, staff recommends the City Council approved the proposed Second Amendment, which would add $78,660 in compensation and extend the term for one year. If approved, the Second Amendment would bring the total compensation amount in the Agreement to $359,339.
Item: 8
46 2
5 0
3 The Second Amendment will consist of services only at the Lake Forest Sports Park, as OCSD is no longer utilizing an off-site Community Policing Center. The Scope of Work remains the same for the Sports Park and the Community Policing Center has been removed.
Crown proposed a 5% increase for the cost of providing its custodial services at the Lake Forest Spork Park, from $5,220.13 to $5,485.00 per month. Per the Agreement Terms, an increase shall not exceed the Consumer Price Index (“CPI”), All Urban Consumers, for Los Angeles-Long Beach-Anaheim, which was
5.1% through February, 2023. Therefore, Crown’s proposed increase falls within the amount allowed by the Agreement. Other miscellaneous cleaning services billed on a time and materials basis, such as carpet cleaning and tile/grout cleaning, remains the same from the First Amendment..
Due to the increase in sports tournaments at the Lake Forest Sports Park, approximately $6,000 in additional compensation is included for cleaning and supplies during scheduled tournaments compared to the First Amendment.
These costs are almost completely recovered by fees charged to the permit holder, not to exceed $535 per scheduled tournament. Oftentimes, costs may be lower with a one-day tournament as opposed to a two-day tournament. All changes to the compensation are reflected in "Exhibit C” of the Second Amendment to the Agreement.
Pursuant to the City’s Purchasing and Contracting Guidelines, staff completes a vendor performance assessment either on an annual basis or during a proposed contract addendum. The vendor assessment is used as a guide to determine whether a contract should be amended, renewed, or terminated based on performance in the following categories: performance of scope of services; timeliness; budget performance; and customer service. Utilizing a detailed evaluation form, staff rates the consultant on a one to five scale for specific questions contained in each category. The below chart is a summary of the consultant’s performance during the respective contract period.
Item: 8
47 2
5 0
3 Commercial Custodial Systems Performance Review
July 1, 2022 – March 20, 2023
Category Unsatisfied - Very Satisfied
Performance of Scope of Services ☐Unsatisfied ☒Satisfied ☐Very Satisfied ☐ N/A Timeliness ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐ N/A Budget Performance ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐ N/A Customer Service ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐ N/A Based on the discussion above and satisfactory performance by Crown during the initial term of the Agreement, staff recommends that the City Council approve the proposed Second Amendment to the Agreement. The Finance Department prepared the Second Amendment to the Agreement and the City Attorney’s Office has reviewed and approved the document as to form.
FISCAL IMPACT:
The Second Amendment to the Agreement with Crown would add $78,660 in compensation, increasing the total compensation to $359,339. If approved, staff will propose sufficient funds in the 2023-25 Operating Budget to cover the costs of the recommended action.
ATTACHMENTS:
1. Agreement with Crown Facility Solutions
2. First Amendment to Agreement with Crown Facility Solutions
3. Second Amendment to the Agreement with Crown Facility Solutions Initiated By: Laura Lisack, Recreation Manager
Submitted By: Brett Channing, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 8
48 Attachment 1
Item: 8
49 Item: 8
50 Item: 8
51 Item: 8
52 Item: 8
53 Item: 8
54 Item: 8
55 Item: 8
56 Item: 8
57 Item: 8
58 Item: 8
59 Item: 8
60 Item: 8
61 Item: 8
62 Item: 8
63 Item: 8
64 Item: 8
65 Item: 8
66 Item: 8
67 Item: 8
68 Item: 8
69 Item: 8
70 Item: 8
71 Item: 8
72 Item: 8
73 Item: 8
74 Item: 8
75 Item: 8
76 Item: 8
77 Item: 8
78 Attachment 2
Item: 8
79 Item: 8
80 Item: 8
81 Item: 8
82 Attachment 3
Item: 8
83 55136.00200\31919338.1 - 1 -
CITY OF LAKE FOREST
SECOND AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES
PARTIES AND DATE.
This Second Amendment to the Agreement for Maintenance Services (“Second Amendment”) is entered into on the day of , , 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, CA 92630 (“City”) and Crown Facility Solutions, a California corporation, with its principal place of business at 3617 West MacArthur Boulevard, Suite 504, Santa Ana, California 92704 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”
RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for Maintenance Services dated June 27, 2018 (“Agreement”).
2.2 First Amendment. The Parties entered into that certain First Amendment to the Agreement to extend the term of the Agreement and increase the total amount of compensation under the agreement, dated May 19, 2022 (“First Amendment”).
2.3 Second Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and increase the total amount of compensation under the Agreement.
TERMS.
3.1 Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
Term. The term of this Agreement shall be f rom July 1, 2019 to June 30, 2024, unless earlier terminated as provided herein.
Contractor shall complete the Services within the term of this Agreement, and shall meet any other schedules and deadlines.
3.2 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed
THREE HUNDRED FIFTY-NINE THOUSAND THREE HUNDRED
THIRTY-NINE DOLLARS ($ 359,339) without written approval o f the City Council or City Manager as applicable. Extra Work may be DocuSign Envelope ID: A8256AB6-953E-44DE-8C45-928EF092535E Item: 8
84 55136.00200\31919338.1 - 2 -
authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
CITY OF LAKE FOREST CROWN FACILITY SOLUTIONS
By:
Doug Cirbo
Mayor
By:
Brent Shears
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By:
Lisa Berglund
City Clerk
By:
Brent Shears
Secretary
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
DocuSign Envelope ID: A8256AB6-953E-44DE-8C45-928EF092535E Item: 8
85 55136.00200\31919338.1 Attachment “1”-1
ATTACHMENT “1” TO SECOND AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES
EXHIBIT “C”
COMPENSATION
Contractor shall be paid for services rendered in accordance with Section 3.3 of the Agreements and as described above under Exhibit “A” Scope of Services the not to exceed fee of three hundred fifty-nine thousand three hundred thirty-nine dollars ($359,339) based on the following schedule:
Description Unit of
Measure
Original
Agreement
Rates
First
Amendment
Rates
(effective July
1, 2022)
Second
Amendment
Rates
(effective July
1, 2023)
Lake Forest Sports
Park and Clubhouses Monthly $4,856.84 $5,220.13 $5,485.00 Community Policing
Center Monthly $774.40 $609.33 $0.00
Carpet Cleaning Sq. feet $0.18 - $0.35 $0.20 - $0.38 $0.20 - $0.38 Tile & Grout Cleaning Sq. feet $0.75 - $1.00 $.80 - $1.25 $.80 - $1.25 Strip and Seal VCT
Floor Sq. feet $0.35 - $0.50 $0.45 - $0.75 $0.45 - $0.75 Stone Floor
Cleaning/Restoration Sq. feet $0.75 - $2.50 $0.80 - $2.50 $0.80 - $2.50 Interior Window
Cleaning Hour $50.00 $50.00 $50.00
Exterior Window
Cleaning (ground
level)
Hour $50.00 $50.00 $50.00
Exterior Window
Cleaning (above
ground level)
Hour $50.00 - $75.00 $50.00 - $75.00 $50.00 - $75.00
Power Washing Hour $75.00 $75.00 $75.00
Sport Tournament
Cleaning
(Charged Per
Tournament, Based
on Duration of
Tournament,
Compensation for
cleanings tied to not-
to-exceed amount)
Per
Occurrence $200.00-
$500.00 NTE $535.00
Not-to-Exceed
Compensation
for Sport
Tournament
Cleanings
$6,500.00 $12,840.00
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-Long Beach-Anaheim.
DocuSign Envelope ID: A8256AB6-953E-44DE-8C45-928EF092535E Item: 8
86 CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/4/2023
DEPARTMENT: Public Works
SUBJECT:
COOPERATIVE AGREEMENT TO FUND TOTAL MAXIMUM DAILY LOAD
PROGRAMS AND RELATED ACTIVITIES IN THE NEWPORT BAY
WATERSHED, AGREEMENT NO. MA-08-23010376
RECOMMENDED ACTION(S):
1. Approve Cooperative Agreement to Fund Total Maximum Daily Load Programs and Related Activities in the Newport Bay Watershed, substantially in the form attached.
2. Authorize the Mayor to sign and the City Clerk to attest to the Agreement EXECUTIVE SUMMARY:
The City is currently Party to Agreement No. MA-080-18011416 to fund nutrient, fecal coliform, and toxics Total Maximum Daily Load (“TMDL”) programs and related activities in the Newport Bay Watershed, which expires on June 30, 2023.
The agreement is a cooperative funding and collaborative participation arrangement for TMDL programs and activities within the Newport Bay Watershed between the City of Lake Forest and other local agencies who are parties to the agreement. If approved, Cooperative Agreement No. MA-08- 23010376 (“Cooperative Agreement”) would serve as the successor agreement for a term of five years. Under the proposed Cooperative Agreement, the City’s cost share would increase by 0.402 percent to reflect additional population gain in Lake Forest and land use changes in other jurisdictions. If approved, staff would propose sufficient funding in the City’s FY2023-24 Public Works Operating Budget.
BACKGROUND:
Parties to the current agreement (MA-080-18011416) include the City of Lake Forest, County of Orange, Orange County Flood Control District, The Irvine Company, Irvine Ranch Water District, and the Cities of Costa Mesa, Irvine, Laguna Hills, Laguna Woods, Newport Beach, Orange, Santa Ana, and Tustin.
The current agreement, and the proposed successor Cooperative Agreement, Item: 9
87 provides for funding and collaborative implementation of environmental studies, research, monitoring, reporting and adaptive management of programs to further regulatory compliance efforts for the Newport Bay Watershed due to listed impairments of nutrients, fecal coliform bacteria indicators, and various toxics.
The City Council approved the current iteration of the agreement on June 19, 2018.
DISCUSSION:
The newly proposed Cooperative Agreement (Attachment) represents the next iteration of the existing agreement to fund TMDL programs and activities in the Newport Bay Watershed. With a five year term, the proposed Cooperative Agreement includes updated recitals and slightly modified cost shares for each Party. The changes in cost shares for the Parties are based on updated land area and population data used in the cost share formula, as well as negotiations between the funding parties to the agreement.
The cost share contribution for the City increased by less than one percent (0.402%) based primarily on population growth in the city. This means the City’s cost share changes from 6.0% in the current agreement to 6.402% in the proposed Cooperative Agreement. The existing agreement and proposed Cooperative Agreement require the County of Orange to prepare a proposed Work Plan and Budget for each fiscal year. If the new Cooperative Agreement is approved, the Fiscal Year 2023-24 cost share and budget (Exhibit A to the Cooperative Agreement) includes the City’s 6.402% cost share, which is $83,793 of the $1,308,855 total proposed budget. The Cooperative Agreement will allow for a continuation of an effective collaborative watershed-wide approach for TMDL compliance efforts and facilitate the collaborative development of critical planning and implementation documents to address TMDLs for the watershed.
Selenium is one of the toxics identified by the Santa Ana Regional Water Quality Control Board that resulted in the issuance of a selenium TMDL. The current agreement and proposed Cooperative Agreement also serve to satisfy a regulatory requirement to have a funding agreement in place for collaborative implementation of environmental work related to the Selenium TMDL for the Newport Bay Watershed. Therefore, the Cooperative Agreement, upon approval, would serve to satisfy this regulatory requirement for five more years.
Staff is recommending that the City Council approve the Cooperative Agreement (Attachment). The City Attorney reviewed and approved the Cooperative Agreement as to form.
Item: 9
88 FISCAL IMPACT:
The Cooperative Agreement includes a 6.402% cost share, which is $83,793 of the $1,308,855 total proposed budget. If approved, staff would propose sufficient funding in the City’s FY2023-24 Public Works Operating Budget.
ATTACHMENTS:
Cooperative Agreement to Fund Total Maximum Daily Load Programs and Related Activities in the Newport Bay Watershed, Agreement No. MA-080- 23010376
Initiated By: Devin Slaven, Environmental Manager
Submitted By: Thomas Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 9
89 ATTACHMENT
Item: 9
90 Agreement No. MA-080-23010376
Final for Approval
COOPERATIVE AGREEMENT TO FUND TOTAL MAXIMUM DAILY LOAD PROGRAMS AND
RELATED ACTIVITIES IN THE NEWPORT BAY WATERSHED
THIS AGREEMENT, for purposes of identification numbered MA-080-23010376, referred to hereinafter as “Agreement”, is made and entered into this _____ day of _________, 2023 , by and between the County of Orange (“County”), the Orange County Flood Control District, the City of Costa Mesa, the City of Irvine, the City of Laguna Hills, the City of Laguna Woods, the City of Lake Forest, the City of Newport Beach, the City of Orange, the City of Santa Ana, the City of Tustin, Irvine Ranch Water District , and the Irvine Company. These entities are hereinafter sometimes jointly referred to as “Parties” and individually as “Party.” City entities are hereinafter sometimes jointly referred to as “Cities.” The Cities, County, and the Orange County Flood Control District are hereinafter sometimes jointly referred to as the “Municipal Parties.”
RECITALS
WHEREAS, the California Regional Water Quality Control Board, Santa Ana Region (“Regional Board”) adopted Resolution No. 98-9, as amended by Resolution No. 98-100, amending the Water Quality Control Plan for the Santa Ana River Basin (“Basin Plan”) to incorporate a Nutrient Total Maximum Daily Load (“TMDL”) for the Newport Bay/San Diego Creek Watershed on April 17, 1998 , and Resolution 99-10 amending the Basin Plan to incorporate a TMDL for Fecal Coliform in Newport Bay on April 9, 1999, pursuant to the provisions of Section 303(d) of the Clean Water Act, and Resolution 2018- 0041 amending the Basin Plan to incorporate a TMDL for Selenium in freshwater in Newport Bay Watershed on September 20, 2018; and,
WHEREAS, the United States Environmental Protection Agency established technical TMDLs for toxic pollutants (“Toxics TMDLs”) for San Diego Creek and Newport Bay, California, on June 14, 2002, and the Regional Board has been in the process of developing implementation plans or updating these Toxics TMDLs through separate Basin Plan processes, and Basin Plan amendments for Diazinon and Chlorpyrifos TMDLs, the Organochlorines TMDLs, and the Selenium TMDL have been adopted, and Basin Plan amendments for metals are in development; and, Item: 9
91 Agreement No. MA-080-23010376
Final for Approval
WHEREAS, the Newport Bay Nutrient, Fecal Coliform, and Toxics TMDLs (collectively referred to as “Newport Bay TMDLs”) contain requirements for studies, monitoring, and the development of programs to attain TMDL targets over a multi-year period; and, WHEREAS, the Newport Bay TMDLs are included in the National Pollutant Discharge Elimination System Municipal Stormwater Permit (“NPDES Permit”), Order No. R8 -2009-0030, issued to the Municipal Parties by the Regional Board, which encourages a cooperative watershed program approach, and, as of the end of 2022, NPDES Permit, Order No. R8-2022-0008 is in development; and, WHEREAS, the Parties entered into Agreement No. D99-128 on September 18, 2003 and subsequent amendments on July 5, 2006, March 29, 2008, and July 8, 2010, to provide funding for the studies and implementation activities related to the Newport Bay TMDLs; and, WHEREAS, the Parties subsequently entered into Agreement No. D11 -066 on June 26, 2012 as a successor to Agreement No. D99-128, with a further amendment on October 20, 2015; and, WHEREAS, the Parties subsequently entered into Agreement No. MA -080-18011416 on August 14, 2018 as a successor to Agreement No. D11-066; and,
WHEREAS, the Parties intend this Agreement as a successor to Agreement MA-080-18011416, to provide for the performance of: additional studies, research, monitoring, reporting, development and/or revision of programs related to the Newport Bay TMDLs; assessment and development of programs related to current and future Clean Water Act §303(d) listings and/or NPDES Permit requirements for watershed management plans; actions in response to threats of administrative enforcement and citizen suits; and planning, permitting, design, construction, and maintenance of TMDL pilot projects; and , WHEREAS, the Parties have reached agreement on funding shares which are shown in Exhibit A; and,
WHEREAS, the Parties share a common interest in the regulatory compliance gained through the activities to be funded and performed pursuant to this Agreement, and the Parties further acknowledge that: each Party is entering into this Agreement for such purpose; there are common issues/questions of Item: 9
92 Agreement No. MA-080-23010376
Final for Approval
law and fact among the Parties; it is the understanding of each Party that, in the performance of this Agreement, as with preceding agreements to which this Agreement is successor, confidential communications protected by the attorney-client privilege and attorney work product doctrine may be disclosed among the Parties through their counsel. Based on the foregoing, the Parties now wish to enter into a common interest agreement to memorialize their mutual understanding that confidential communications are to be kept confidential and protected from disclosure to the fullest extent allowed by law; and
WHEREAS, it is recognized that additional compliance efforts may be necessary and the Parties may choose to fund projects under separate agreements.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the Parties agree as follows:
Section 1. PURPOSE. This Agreement is entered into for the purpose of funding and performing program activities related to the Newport Bay TMDLs, NPDES Permit requirements specific to the Newport Bay watershed, current and future Clean Water Act §303(d) listings in the Newport Bay watershed, and other related matters which may affect NPDES Permit compliance and/or enforcement within the Newport Bay watershed.
Section 2. TERM. The term of this Agreement shall commence upon approval and execution of this Agreement by all Parties, or on July 1, 2023, whichever is later, and shall continue until June 30, 2028.
Section 3. PROGRAM WORK PLAN. The County shall work in concert with all Parties to develop a work plan for the following fiscal year and will provide longer term financial forecasts. The work plan for the upcoming fiscal years shall be submitted to each of the Parties by February 15 of each year. The work plan may designate a Party as a lead other than the County for a work plan task(s), provided that the County obtains the prior written consent of such other Party .
Section 4. BUDGET AND COSTS. The budget for the 2023–24 fiscal year, subject to appropriations, is $1,308,854 and is shown in Exhibit A. The County shall work in concert with all the Parties to develop a budget for the following fiscal years. Budgeted amounts for pilot project(s) shall not Item: 9
93 Agreement No. MA-080-23010376
Final for Approval
exceed $200,000 for all pilot projects in any one fiscal year. For the following fiscal year and thereafter, a budget shall be submitted to each of the Parties by February 15 of each year. The budget shall contain an explanation of any recommended program changes, an estimate of all planned expenditures and an estimate of the payment required from each Party for the following fiscal year.
The County shall be entitled to charge to the program all costs for direct labor, materials, equipment, and outside contract services for costs associated with carrying out the approved scope of work. Recoverable costs will also include an overhead charge.
Section 5. WORK PLAN TASK LEAD REIMBURSEMENT. With a Party’s prior written consent, the County may designate a Party as a task lead with respect to specific tasks on the operative work plan.
If a Party is designated as a task lead, upon prior written authorization from County, the Party shall invoice the County for authorized expenses up to the approved budget amount for the work plan task.
Section 6. APPROVALS AND ADJUSTMENTS. The Parties shall be permitted to review and approve the budget and program work plan for the forthcoming year, review work products, and provide direction for performance of the work plan. The Parties shall be notified of the intent to issue contracts to perform the program work plan, shall be permitted to participate in the preparation and review of the scope of work for such contracts, and to serve on the committee evalu ating consultant qualifications/proposals subject to the requirements of the County of Orange Contract Policy Manual.
Criteria for approval of the work plan and budget shall be affirmative responses from Parties representing ninety percent (90%) of the funding shares in Exhibit A and 12 of the 13 Parties. The County and Orange County Flood Control District will constitute one approving Party. Any Party not providing a response by July 15 of each year shall be considered as rendering an affirmative response.
Criteria for approval of adjustments to scopes of work shall be the same as for the approval of the work plan and budget.
Section 7. FUNDING SHARE PERCENTAGES. Exhibit A, which is attached to this Agreement and by this reference is made a part hereof, presents the funding share percentages for the Parties for the term of the Agreement and the costs for the Parties for fiscal year 2023–24.
Item: 9
94 Agreement No. MA-080-23010376
Final for Approval
Section 8. PAYMENTS. For the initial year of the Agreement, the County shall invoice each Party for its deposit either at the beginning of the fiscal year or thirty (30) days after approval of the Agreement, whichever is later. In following years, the County shall invoice each Party for its annual deposit at the beginning of each fiscal year. Each Party shall pay the deposit within 45 calendar days of the date of the invoice. Each Party’s deposit shall be based on its prorated share of the approved annual budget, reduced by the sum of (a) its prorated share of any surplus identified in the prior fiscal year end accounting, and (b) its prorated share of any funding provided for programs in the approved budget from entities not party to this Agreement.
Interest earned on the Parties’ deposits will not be paid to the Parties, but will be credited against the Parties’ share of the program costs.
The County shall notify each of the Parties if it appears that costs may exceed the budget approved by the Parties in any fiscal year. The County shall prepare a fiscal year end accounting within 60 calendar days of the end of the fiscal year. If the fiscal year end accounting results in costs (net of interest earnings) exceeding the sum of the deposits, and the County has notified and obtained approval from the Parties of potential cost overruns, the County shall seek approval of the excess cost from the Parties in the form of a revised budget and, upon approval, shall invoice each Party for its prorated share of the excess cost up to the amount of the revised approved budget. Each Party shall pay the billing within 45 calendar days of the date of the invoice. If the fiscal year end accounting results in the sum of the deposits exceeding costs (net of interest earnings), the excess deposits will carry forward to reduce the billings for the following year. The fiscal year end accounting results and associated invoices for each Party will take into consideration any outside funding provided for programs in the approved budget from entities not party to this Agreement.
Upon termination of the program, a final accounting shall be performed by the County. If costs from approved budgets remaining after the deduction of interest costs exceed the sum of the deposits, the County shall invoice each Party for its prorated share of the deficit. Each Party shall pay the invoice within 45 calendar days of the date of the invoice. If the sum of the deposits, including interest, exceeds Item: 9
95 Agreement No. MA-080-23010376
Final for Approval
the costs from approved budgets, the County shall reimburse to each Party its prorated share of the excess, within 45 calendar days of the final accounting.
Section 9: CONFIDENTIAL COMMUNICATIONS
a. The term "Confidential Communications" shall mean all communications, regardless of form, including documents and oral or written communications, whether prepared by the Parties or by consultants or experts retained by any Party, exchanged by or among the Parties , their non-employee consultants or experts, and/or their counsel, that are: (i) related to the purpose and/or performance of this Agreement; and (ii) privileged or protected from disclosure to adverse or other persons by reason of the attorney-client privilege, the attorney work product doctrine, or the common interest and/or joint defense privilege. The term Confidential Communications does not include any publicly available information.
b. The Parties agree that the disclosure of Confidential Communications between or among the Parties or their counsel will not diminish the confidentiality of such materials or constitute waiver of any applicable privilege or protection from disclosure. The Parties intend that all Confidential Communications shall be protected from disclosure and discovery, to the fullest extent allowed by law, including under the common interest and/or joint defense privileges. Inadvertent disclosure of Confidential Communications to third parties shall not constitute waiver of any applicable privilege, and shall be entitled to the fullest protection under the law, including the triggering of ethical obl igations for the recipient(s) to return such inadvertently disclosed Confidential Communications . c. The Party providing or disclosing any Confidential Communications to another party to this Agreement, pursuant to this Agreement, shall mark it as: “PRIVILEGED AND CONFIDENTIAL PURSUANT TO AGREEMENT NO. MA-080-23010376.” Confidential Communications must be exchanged between the Parties' counsel, although non-attorney staff may be copied on the transmittal.
Communications marked in this or substantially similar manner and transmitted in this manner shall be Confidential Communications. The failure to so mark such communications, however, will not diminish Item: 9
96 Agreement No. MA-080-23010376
Final for Approval
the confidentiality of such communications or constitute waiver of any applicable privilege or protection from disclosure.
d. Confidential Communications shall be held in confidence by the Parties, unless disclosure is required by law or court order. Each Party shall take reasonable and appropriate measures to prevent inadvertent disclosures of Confidential Communications to third parties. In the event any Party receives a third-party request or demand for Confidential Communications marked “PRIVILEGED AND CONFIDENTIAL PURSUANT TO AGREEMENT NO. MA-080-23010376,” per section 9.c., or bearing the name of one or more attorneys for any Party, prior to the release of any such Confidential Communications, the receiving Party shall notify all other Parties that such a request or demand has been received, so that the other Parties have the opportunity to seek a protective order or other relief . In the event any Party receives a third-party request or demand for Confidential Communications that are not marked per section 9.c. and do not bear the name of any attorney for a ny Party, prior to the release of such Confidential Communications, the receiving Party shall endeavor to notify all other Parties, so that the other Parties have the opportunity to seek a protective order or other relief. e. To the extent allowed by law, the obligations of the Parties under this Section 9 shall survive the termination of this Agreement and shall remain in full force and effect. f. Neither this Agreement nor the actions of any Party or counsel to a Party shall create any attorney-client relationship between any counsel and any Party that have not otherwise entered into an attorney-client relationship.
Section 10. ADDITIONAL PARTIES. It is recognized that there may be other parties who wish to participate in and provide funding for the activities described in this Agreement. Nothing in this Agreement is intended to preclude additional participants being added by written amendment as parties to this Agreement pursuant to Section 11. Exhibit A will be revised to add funding share percentage(s) for the additional party(ies) and proportionately reduced percentage shares for the Parties.
Section 11. AMENDMENT. This Agreement may be amended in writing only with the unanimous written approval of the Parties.
Item: 9
97 Agreement No. MA-080-23010376
Final for Approval
Section 12. LIABILITY. It is mutually understood and agreed that, merely by the virtue of entering into this Agreement, each Party neither relinquishes any rights nor assumes any liabilities for its own actions or the actions of other Parties. It is the intent of the Parties that the rights and liabilities of each Party shall remain the same, while this Agreement is in force, as it was before this Agreement was made, except as otherwise specifically provided in this Agreement.
Section 13. TERMINATION. Any Party wishing to terminate its participation in this Agreement shall so notify all other Parties in writing by March 1 of any year. Such termination shall be effective the following June 30. The terminating Party shall be responsible for financial obligations hereunder to the extent incurred in accordance with this Agreement by the Party prior to the effective date of termination.
The balance of the Parties may continue in the performance of the terms and conditions of this Agreement with a proportionate reallocation of the terminating Party’s cost share in Exhibit A among the remaining Parties.
Section 14. AVAILABILITY OF FUNDS. The obligation of each Party is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating the Parties to expend or as involving the Parties in any contract or other obligation for the future payment of money in excess of appropriations authorized by law.
Section 15. NO THIRD-PARTY BENEFICIARIES. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person (except the Parties hereto and any entity in which a Party has a legal interest (such as, but not limited to, a limited liability membership interest or a partnership interest), and any permitted successors or assigns of a Party) any legal or equitable right, remedy or claim under or in respect of this Agreement or any provisions herein contained. This Agreement and any conditions and provisions hereof is intended to be and is for the sole and exclusive benefit of the Parties and the entities in which they have a legal interest and their successors or assigns and for the benefit of no other person, agency or entity.
Section 16. REFERENCE TO CALENDAR DAYS. Any reference to the word “day” or “days” herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided.
Item: 9
98 Agreement No. MA-080-23010376
Final for Approval
Section 17. ATTORNEY’S FEES. In any action or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision hereof is asserted as a defense, each Party shall bear its own attorney’s fees and costs.
Section 18. ENTIRE AGREEMENT. This Agreement is intended by the Parties as a final expression of their agreement and intended to be a complete and exclusive statement of the agreement and understanding of the Parties in respect of the subject matter contained herein. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein. This Agreement supersedes all prior agreements and understandings between the Parties with respect to such matter.
Section 19. SEVERABILITY. If any part of this Agreement is held, determined or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
Section 20. SUCCESSORS AND ASSIGNS. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their successors and assigns.
Section 21. NOTICES. All notices required or desired to be given under this Agreement shall be in writing and (a) delivered personally, or (b) sent by certified mail, return receipt requested or (c) sent by electronic mail followed by a mailed copy as required, to the addresses specified below, provided each Party may change the address for notices by giving the other Parties at least ten (10) days written notice of the new address. Notices shall be deemed received when actually received in the office of the addressee or when delivery is refused, as shown on the receipt of the U.S. Postal service, or other person making the delivery, except that notices sent by electronic mail shall be deemed received on the first business day following transmission.
Item: 9
99 Agreement No. MA-080-23010376
Final for Approval
Director of Public Services
City of Costa Mesa
77 Fair Drive, P.O. Box 1200
Costa Mesa, CA 92626-1200
Director of Community Development
City of Irvine
1 Civic Center Plaza, P.O. Box 19578
Irvine, CA 92623-9578
Director of Public Services
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
City Manager
City of Laguna Woods
24264 El Toro Road
Laguna Woods CA 92637
Environmental Manager and Director of Public Works
City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
Director of Public Works
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Director of Public Works
City of Orange
300 E. Chapman Ave, P.O. Box 449
Orange, CA 92866
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M21)
Santa Ana, CA 92702
Director of Public Works
City of Tustin
300 Centennial Way
Tustin, CA 92780
Director, OC Public Works
County of Orange
601 N. Ross Street
Santa Ana, CA 92701
Item: 9
100
Agreement No. MA-080-23010376
Final for Approval
Director of Water Quality & Regulatory Compliance
Irvine Ranch Water District
15600 Sand Canyon Avenue
Irvine, CA 92618
Vice President of Environmental Affairs
The Irvine Company
550 Newport Center
Newport Beach, CA 92658-8904
Section 23. EXECUTION OF AGREEMENT. This Agreement may be executed in counterparts and the signed counterparts shall constitute a single instrument.
Section 24. GOVERNING LAW AND VENUE. This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the P arties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394. Furthermore, the Parties have specifically agreed, as part of the consideration given and received for entering into this Agreement, to waive any and all rights to request that an action be transferred for trial to another county under Code of Civil Procedure Section 394 or any other provision of law.
Item: 9
101
Agreement No. MA-080-23010376
Final for Approval
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written:
COUNTY OF ORANGE,
a political subdivision of the State of California
Date: By:
Chairman of the Board of Supervisors
ORANGE COUNTY FLOOD CONTROL DISTRICT
a body corporate and politic
By:
Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF THIS
AGREEMENT HAS BEEN DELIVERED TO THE
CHAIR OF THE BOARD.
Date: ________________________________ By_________________________________ Robin Stieler
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM
COUNTY COUNSEL
By____________________________
Deputy
Date: ___________
Item: 9
102
Agreement No. MA-080-23010376
Final for Approval
CITY OF COSTA MESA
Date: By:
Mayor
APPROVED AS TO FORM:
ATTEST:
City Clerk City Attorney of Costa Mesa
Item: 9
103
Agreement No. MA-080-23010376
Final for Approval
CITY OF IRVINE
Date: By:
Mayor
APPROVED AS TO FORM:
ATTEST:
City Clerk City Attorney of Irvine
Item: 9
104
Agreement No. MA-080-23010376
Final for Approval
CITY OF LAGUNA HILLS
Date: By:
Mayor
APPROVED AS TO FORM:
ATTEST:
City Clerk City Attorney of Laguna Hills
Item: 9
105
Agreement No. MA-080-23010376
Final for Approval
CITY OF LAGUNA WOODS
Date: By:
Mayor
APPROVED AS TO FORM:
ATTEST:
Yolie Trippy, City Clerk Alisha Patterson, City Attorney of Laguna Woods
Item: 9
106
Agreement No. MA-080-23010376
Final for Approval
CITY OF LAKE FOREST
Date: By:
Mayor
APPROVED AS TO FORM:
ATTEST:
City Clerk City Attorney of Lake Forest
Item: 9
107
Agreement No. MA-080-23010376
Final for Approval
CITY OF NEWPORT BEACH
Date: By:
Mayor
APPROVED AS TO FORM:
ATTEST:
City Clerk City Attorney of Newport Beach
Item: 9
108
Agreement No. MA-080-23010376
Final for Approval
CITY OF ORANGE
Date: By:
Mayor
APPROVED AS TO FORM:
ATTEST:
City Clerk City Attorney of Orange
Item: 9
109
Agreement No. MA-080-23010376
Final for Approval
ATTEST: CITY OF SANTA ANA
_________________________________________ _________________________________________ City Clerk City Manager
APPROVED AS TO FORM:
City Attorney
By:______________________________________
Assistant City Attorney
Item: 9
110
Agreement No. MA-080-23010376
Final for Approval
CITY OF TUSTIN
Date: By:
Mayor
APPROVED AS TO FORM:
ATTEST:
City Clerk City Attorney of Tustin
Item: 9
111
Agreement No. MA-080-23010376
Final for Approval
THE IRVINE RANCH WATER DISTRICT
Date: By:
Paul Cook, General Manager
Approved as to Form
Date: By:
Claire H. Collins, General Counsel
Item: 9
112
Agreement No. MA-080-23010376
Final for Approval
THE IRVINE COMPANY
Date: By:
Name:
Title:
Date: By:
Name:
Title:
Item: 9
113
Agreement No. MA-080-23010376
Page A-1
EXHIBIT A - FUNDING SHARES*
PARTIES FUNDING SHARE
PERCENTAGES
FISCAL YEAR 2023-24
BUDGET
Costa Mesa 4.317 $56,503
County of Orange 9.296 $121,671
Irvine 31.177 $408,061
Laguna Hills 1.000 $13,089
Laguna Woods 1.000 $13,089
Lake Forest 6.402 $83,793
Newport Beach 9.452 $123,713
Orange 1.000 $13,089
Santa Ana 9.898 $129,550
Tustin 6.458 $84,526
Orange County Flood
Control District 10.000 $130,885
Irvine Ranch Water District 5.000 $65,443
Irvine Company 5.000 $65,443
Total 100 $1,308,855
*Funding shares are based on a consideration of land area and population, an equal split for some compliance responsibilities, and a minimum share of one percent.
Item: 9
114
CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/4/2023
DEPARTMENT: Public Works
SUBJECT:
NOTICE OF COMPLETION FOR THE SAFE STEP IMPROVEMENT PROJECT PW 2021-02
RECOMMENDED ACTION(S):
1. Find that All Cities Engineering, Inc. has completed construction of the Safe Step Improvement Project (PW 2021-02).
2. Approve the Notice of Completion and authorize the Mayor to execute the document on behalf of the City.
3. Authorize the City Clerk to submit the Notice of Completion for recordation to the Office of the County Recorder of Orange County within fifteen days of City Council approval, as required by Section 9204 of the California Civil Code.
4. Authorize staff to release any unencumbered retention in accordance with California law
EXECUTIVE SUMMARY:
The City’s “Safe Step Improvement Project” (“Project”) provided a one-time budget increase to repair and replace a backlog of damaged sidewalks throughout the city. On September 12, 2022, the City Council awarded the construction contract to All Cities Engineering, Inc. (“ACE”) to complete the Project in the amount of $720,314.25. The Project began on October 3, 2022, and construction was substantially complete by February 14, 2023.
Staff recommends the City Council approve the Notice of Completion (Attachment), authorize the mayor to execute the document, and release the five percent retention payment of $31,294.41 thirty days after recording the Notice of Completion, provided there are no stop notices for the project on file with the City.
Item: 10
115
BACKGROUND:
As part of the City’s general maintenance activities, funding is budgeted to remove and replace sidewalk panels and other displacements within the pedestrian path of travel along residential and arterial streets. Annually, $75,000 is allocated to the sidewalk rehabilitation project. Fiscal Year 2021-22’s “Safe Step Improvement Project” provided a one-time budget increase to repair outstanding areas of sidewalk that were not covered by the Project’s past annual budget. The Project’s $792,396 budget repaired all pending sidewalk removal and replacement locations, which brought the Public Works Sidewalk Management Program current with Fiscal Year 2021-22 inspections.
In the memorandum dated June 22, 2022, the City Manager authorized staff to solicit bids for the Safe Step Improvement Project. The plans for the Project aimed to repair 43,849 square feet of displaced concrete sidewalk and 453 linear feet of curb and gutter. Bids for the Project were received on August 11, 2022, and subsequently vetted by staff. On September 12, 2022, the City Council awarded the construction contract to ACE to complete the Project with a compensation amount of $720,314.25.
DISCUSSION:
The Project began October 3, 2022. ACE substantially completed construction activities on February 14, 2023. The City’s construction manager conducted a final inspection to ensure the Project’s completion per the contract requirements.
The Notice of Completion establishes a date that limits the time subcontractors and material vendors may file stop notices or liens against the project. Following City Council approval, the City Clerk must submit the Notice of Completion to the Clerk Recorder of Orange County within 15 days of the City Council’s action, as required by Section 9204 of the California Civil Code. Following approval and recordation, the Notice of Completion establishes a 30-day period for subcontractors and material vendors to file stop payment notices and initiates the start date for the warranty period. Since the work has been completed and accepted by the City, staff recommends the City Council approve the Notice of Completion and release the retention payment 30 days after recording the Notice of Completion, provided there are no stop notices for the project on file with the City.
FISCAL IMPACT:
If approved, staff would release $31,294.41 in retention thirty days after the recording of the Notice of Completion, provided no stop notices are on file with Item: 10
116
the City. The total contract cost of the project is $625,888.13. Sufficient funding is available to cover the costs of the recommended actions.
ATTACHMENTS:
Notice of Completion for Safe Step Improvement Project (PW 2021-02) Initiated By: Justin Kirk, Street Maintenance Administrator Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 10
117
ATTACHMENT
Item: 10
118
RE
CORDING REQUESTED BY
AND MAIL TO:
Lisa Berglund
City Clerk
City of Lake Forest
100 Civic Center Dr
Lake Forest, California, 92630
F
ee Exempt – Gov’t Code §27383
N
OTICE OF COMPLETION
(C.C.C. 9204 - PUBLIC WORKS)
N
OTICE IS HEREBY GIVEN THAT:
1. T
he City of Lake Forest located at 100 Civic Center Drive, Lake Forest, California, 92630, has completed a public work of improvement described as Safe Step Improvement Project (PW 2021-02) and accepted by the awarding aut
hority upon the date hereof.
2. D
ate of completion: April 4, 2023.
3. D
escription of work performed: Remove and replace flagstone driveways and walkways with stamped concrete
4. T
he City’s interest in the property in which the public work was completed is: X Fee Easement Lease.
5. T
he real property upon which said public work was performed in the City of Lake Forest is: Citywide
6. T
he contractor was: All Cities Engineering, Inc.
Dat
ed ____________________________________ __________________________________________ Doug Cirbo, Mayor
City of Lake Forest
ATTEST:
____
_____________________________________
Lisa Berglund, City Clerk
VER
IFICATION
I
, the undersigned, s ay: I am the Mayor of the City of Lake Forest , the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof, the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct.
E
xecuted at Lake Forest, California, on this ____ day of _________________, 2023. ____
______________________________________
Doug Cirbo, Mayor
City of Lake Forest
ATTEST:
____
______________________________________
Lisa Berglund, City Clerk
Item: 10
119
CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/4/2023
DEPARTMENT: Public Works
SUBJECT:
CHANGE ORDER #1 FOR EL TORO ROAD & PORTOLA PARKWAY/SANTA MARGARITA INTERSECTION IMPROVEMENTS (PW2019-03)
RECOMMENDED ACTION(S):
1. Approve Change Order #1 to the Agreement with MMG Engineering, Inc. for the El Toro Road & Portola Parkway/Santa Margarita Parkway Intersection Improvements (PW2019-03) and authorize the City Manager to execute the document in an amount not-to-exceed $500,000.00.
2. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2021-2028
CAPITAL IMPROVEMENT PLAN, AMENDING APPROPRIATIONS FOR
FISCAL YEAR 2022-23
EXECUTIVE SUMMARY:
The proposed Change Order would add an amount not-to-exceed $500,000 to the El Toro Road & Portola Parkway/Santa Margarita Parkway Intersection Improvements Project (PW 2019-03) for the repair of a sinkhole event that developed on El Toro Parkway during construction (Attachment 1).
This project is part of the City’s Lake Forest Traffic Mitigation Program (“LFTM”) and will add a second eastbound left-turn lane on El Toro and a second dedicated right-turn lane on westbound El Toro. A CIP Budget Amendment is proposed to the 2021-2028 Capital Improvement Projects Plan (“CIP Plan”) to provide sufficient funding for the recommended actions (Attachment 2).
BACKGROUND:
On Thursday, March 16, 2023, several sinkholes began to develop on the westbound #1 lane of El Toro Road just west of the intersection with Portola Parkway. The sinkholes were discovered after the pavement was sawcut. Upon sawcutting the pavement, the pavement began to sink in several locations.
These depressed areas were within the existing construction area and followed Item: 11
120
the alignment of an existing sewer line under the roadway. Staff notified Irvine Ranch Water District (“IRWD”); IRWD brought out a sewer camera truck to check the sewer line for leaks or breaks in the pipe and found none.
With rain forecasted for the following week, staff directed the contractor, MMG Construction, Inc. (“MMG”), to waterproof the area as much as possible and wait until the rain passed before beginning repairs. On March 23, 2023, MMG began removing the asphalt pavement and discovered multiple voids about two to five feet deep following the sewer trench alignment under the pavement. The City’s geotechnical consultant, GMU Geotechnical (“GMU”), tested the soil and found loose material over the sewer line. The City directed MMG to begin removing the loose material until GMU found competent earth material at the sewer line itself, about 14 feet deep.
On March 24, 2023, MMG began removals of the loose fill material and had to dig down approximately 13 to 14 feet, just above the sewer line, to find competent earth material. The trench at this point was approximately 150 feet long, 12 feet wide, and 13 feet deep. Work to protect the area, remove the soil, and fill the trench back in required trench plates, two excavators, and approximately 70 cement trucks for the slurry backfill. Staff contacted Saddleback Church, who immediately worked with the City. The Church provided a location for MMG to place all the material taken out of the trench, which saved an enormous amount of time and money as it significantly reduced truck haul trips to the site.
IRWD representatives have been on site the entire time to oversee the removal of the loose fill and reconstruction of the roadway. All work was tracked by the City’s inspection consultant and IRWD on a time-and-materials basis.
DISCUSSION:
Staff recommends approval of a change order to allow the project sufficient funds and contract authority to respond immediately to an emergency situation in the public right of way. Change Order #1 (Attachment 1) would cover the actual costs incurred by the Contractor related to the emergency repairs associated with the sinkhole event in an amount not-to-exceed $500,000. As of the publication of this staff report on March 30, 2023, MMG estimates its known expenses to date to be approximately $300,000 for the majority of the work they have completed to date.
MMG has not yet totaled the final amount as there is still additional information needed to calculate the total costs.
Also, additional repairs will be required for another void that was discovered next to the westernmost sewer manhole where the sewer line changes direction.
MMG is scheduled to begin exploration of that area after the rains pass within the Item: 11
121
next week. This work may extend into the #3 lane of El Toro Road, which would necessitate additional traffic control.
GMU is preparing a report with a full analysis of their findings regarding the sinkhole event and the associated sewer trench backfill material that may include additional recommendations for repairs. Since the full extent of the necessary work at this time is unknown, and this constitutes an emergency unforeseen condition, staff requests a not-to-exceed change order amount of $500,000 to address the cost of the repairs to-date as well as for any additional repairs which may be necessary and recommended by GMU. All work is being tracked by the City’s construction inspection team, with daily work tickets signed by both parties on a time and material basis. The $500,000 is a budget number to cover the expenses and provide an amount that will not be exceeded without further City Council authority.
This sinkhole event is an unforeseen condition not anticipated with the project, requiring additional budget to address the issue. The approval of Resolution 2023-XX would increase project funding and provide sufficient funding for the sinkhole event repairs (Attachment 2). Staff is continuing discussions regarding the sinkhole event and potential future repairs to El Toro Road with IRWD.
FISCAL IMPACT:
The City has sufficient funds for the anticipated construction for the El Toro Road & Portola Parkway/Santa Margarita Parkway Intersection Improvements Project.
However, the projected costs for the sinkhole event repairs are estimated not-to- exceed $500,000. Approval of Resolution 2023-XX would increase project funding and provide sufficient funding for the total project costs and sinkhole repair.
ATTACHMENTS:
1. Change Order #1 with MMG Construction, Inc.
2. Proposed Budget Resolution
Initiated By: Douglas Erdman, Assistant City Engineer
Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 11
122
Attachment 1
Item: 11
123
Item: 11
124
Attachment 2
Item: 11
125
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, AMENDING
THE 2021-2028 CAPITAL IMPROVEMENT PLAN,
AMENDING APPROPRIATIONS FOR FISCAL YEAR
2022-23
WHEREAS, the 2021-2028 Capital Improvement Plan was adopted by the City Council on June 15, 2021; and
WHEREAS, the appropriations for Fiscal Year 2022-23 was adopted by the City Council on June 21, 2022;
WHEREAS, modifications are now
required as a result of changes during
Fiscal Year 2022-23.
NOW, THEREFORE, THE CITY COUNCIL OF THE CI TY OF LAKE
FOREST DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
Section 1. The City Coun cil’s adoption of this Resolution is not a project within the meaning of the Calif
ornia Environmental Quality Act. Specifically, the
City’s adoption of the Resolution is an administrative and fiscal function of the City that does not commit the City to any specific project or course of action. (State CEQA Guidelines, sections 15378(b)(4) & (b)(5).) Thus, no environmental review of the Resolution is required. The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption within five working days of the adoption of this Resolution.
Section 2. The Infrastructure Fund is amended to increase its Capital Improvement Plan Appropriations for Fiscal Year 2022-23 as demonstrated in Exhibit A.
Section 3. The Director of Finance is hereby authorized to move appropriations between line items within departmental budgets in concurrent with Department Directors.
Section 4. The City Manager is hereby authorized to transfer appropriations from one department to another or between funds within the Operating Budget with notification to the City Council Audit Committee.
Section 5. The City Manager is hereby authorized to transfer appropriations from a capital improvement project to another existing project within the adopted Capital Improvement Program with notification to the City Council Audit Item: 11
126
Committee.
Section 6. The City Clerk shall attest as to the adoption and executi on of this Resolution and cause the same to be maintained in the permanent records of the City.
PASSED, APPROVED AND ADOPTED this 4th day of April 2023, by the following vote, to wit:
ATTEST:
DOUG CI
RBO
MAYOR
LISA BERGLUND
CIT
Y CLERK
APPROVED AS TO FORM:
MATTHEW RICHARDSON
CIT
Y 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. 2023- was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 4th day of April, 2023, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
LISA BERGLUND
CIT
Y CLERK
Item: 11
127
EXHIBIT A
AMENDMENT TO 2021-2028 CAPITAL
IMPROVEMENT PLAN, AMENDENT
TO
FISCAL YEAR 2022-23
APPROPRIATIONS
Capital Improvement Plan Appropriations
Funding
Source Project
Current
Budget
Increase
(Decrease)
Amended
Budget
LFTM
El Toro &
Portola/Santa
Margarita $2,414,078 $0.00 $2,414,078
Infrastructure
El Toro &
Portola/Santa
Margarita $0.00 $500,000 $500,000
TOTAL $2,914,078
Item: 11
128
CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/4/2023
DEPARTMENT: City Clerk
SUBJECT:
TRAFFIC AND PARKING COMMISSIONER APPOINTMENT BY COUNCIL
MEMBER VOIGTS
RECOMMENDED ACTION(S):
Allow Council Member Voigts to nominate one individual to the Traffic and Parking Commission
EXECUTIVE SUMMARY:
On February 21, 2023, the City Council voted to reopen the appointment process to recruit applicants for a vacancy on the Traffic and Parking Commission (Attachment 1 and 2). Council Member Voigts may nominate an individual to serve on the Commission.
The application period for this position opened on Wednesday, February 22, 2023, and closed on March 24, 2023. During those 30 days, one additional application was received from Mark Armando. Previous applicant Amy Stevens re-applied, and two applicants from the previous application period are also included in the pool of applicants; Charlene Fell and Cedric Campbell. All four applications are provided as Attachment 3. On March 27, 2023, copies of the applications for all four applicants were transmitted to Council Member Voigts for his review. At this time, it would be appropriate for Council Member Voigts to nominate an applicant to serve on the Traffic and Parking Commission. The appointment is ratified with the assent of one other Council Member.
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action ATTACHMENTS:
1. Minute Excerpt February 21, 2023, Item 10
2. Staff Report, February 21, 2023, Item 10
Item: 12
129
3. Traffic and Parking Commission Applications
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 12
130
ATTACHMENT 1
Item: 12
131
LAKE FOREST CITY COUNCIL MINUTE EXCERPTPREPARED BY THE OFFICE OF THE CITY CLERK FEBRUARY 21, 2023
Page No. 1
MINUTE EXCERPT
LAKE FOREST REGULAR CITY COUNCIL MEETING
FEBRUARY 21, 2023
____________________________________________________________
10. COMMISSION APPOINTMENTS TO CITY COMMISSIONS
City Manager Rose introduced this item and invited City Clerk Berglund to provide a presentation. City Clerk Berglund summarized the item. No public comment was offered. City Council questions were asked and answered.
Council Member Yu nominated Loretta Herrin to the Community Services Commission. Council Member Pequeño ratified Council Member Yu’s appointment.
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to instruct the City Clerk to reopen the recruitment for applications and include the current applications in the applicant pool to fill the vacancy on the Traffic and Parking Commission. The motion was carried by a vote of 4/0, with Mayor Cirbo absent.
Item: 12
132
ATTACHMENT 2
Item: 12
133
CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/21/2023
DEPARTMENT: City Clerk
SUBJECT:
COMMISSION APPOINTMENTS TO CITY COMMISSIONS
RECOMMENDED ACTION(S):
1. City Council Member Yu shall make one appointment to the Community Services Commission.
2. Instruct the City Clerk to reopen the recruitment for applications to fill the vacancy on the Traffic and Parking Commission.
EXECUTIVE SUMMARY:
On February 7, 2023, City Council Member Yu opted to delay his appointment to the Community Services Commission. Tonight, it would be appropriate for City Council Member Yu to nominate an eligible individual to serve on the Community Services Commission. Attached for reference is the minute excerpt and staff report from the February 7, 2023, City Council meeting (Attachments 1 and 2).
On February 15, 2023, staff received a resignation notice from newly appointed Commissioner Jesse Segrist (Attachment 3). Mr. Segrist was nominated by Council Member Voigts and appointed to the Traffic and Parking Commission on February 7, 2023. The Lake Forest Municipal Code Section 2.06.070 addresses the subject of Commission vacancies (Attachment 4). It states:
“In the event a member of any board or commission resigns or dies while in office, the City Council member who appointed that board or commission member shall appoint a successor pursuant to the provisions of this chapter. The successor shall serve for the remaining balance of the term to which his or her predecessor was appointed.” At this time, it would be appropriate to reopen the appointment process to recruit applicants for the vacancy on the Traffic and Parking Commission.
Attachment 2
Item: 12
134
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
ATTACHMENTS:
1. February 7, 2023, Unadopted Minute Excerpt
2. February 7, 2023, Item No. 9, Staff Report
3. Resignation Notification from Jesse Segrist
4. Lake Forest Municipal Code Section 2.06.070
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Attachment 2
Item: 12
135
5 1
6 8
5 ATTACHMENT 1
Attachment 2
Item: 12
136
5 1
6 8
5 UNOFFICIAL MINUTE EXCERPT
LAKE FOREST REGULAR CITY COUNCIL MEETING
FEBUARY 7, 2023, ITEM NO. 9
9. COMMISSION APPOINTMENTS TO CITY COMMISSIONS
City Manager Rose introduced this item and turned the floor over to Mayor Cirbo to begin appointments to each of the City’s Commissions, starting in alphabetical order by Commission. No public comment was offered.
Community Services Commission: Mayor Pro Tem Tettemer nominated Marjorie Matsil. Council Member Pequeño ratified Mayor Pro Tem Tettemer’s appointment. Council Member Voigts nominated Timothy Bruton. Council Member Yu ratified Council Member Voigts’ appointment. Council Member Yu postponed his appointment to the next regularly scheduled City Council meeting.
Planning Commission: Council Member Voigts nominated Michael Stannard.
Council Member Pequeño ratified Council Member Voigts’ appointment. Council Member Yu nominated Antonia Castro-Graham. There were no ratifications received for this appointment. Council Member Yu then nominated Francisco Barajas. Council Member Voigts ratified Council Member Yu’s appointment.
Mayor Pro Tem Tettemer nominated Tom Ludden. Council Member Voigts ratified Mayor Pro Tem Tettemer’s appointment.
Traffic and Parking Commission: Council Member Yu requested to make his appointment after his colleagues made their appointments. Mayor Pro Tem Tettemer nominated Vladimir Anderson. Council Member Pequeño ratified Mayor Pro Tem Tettemer’s appointment. Council Member Voigts nominated Jesse Segrist. Council Member Yu ratified Council Member Voigts’ appointment.
Council Member Yu nominated Jim Richert. Council Member Voigts ratified Council Member Yu’s appointment.
LAKE FOREST CITY COUNCIL MINUTE EXCERPT PREPARED BY THE OFFICE OF THE CITY CLERK FEBRUARY 7, 2023
Attachment 2
Item: 12
137
ATTACHMENT 2
Attachment 2
Item: 12
138
CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/7/2023
DEPARTMENT: City Clerk
SUBJECT:
COMMISSION APPOINTMENTS TO CITY COMMISSIONS
RECOMMENDED ACTION(S):
Tonight, Mayor Pro Tem Tettemer, Council Member Voigts and Council Member Yu shall make one appointment to each of the City Commissions.
EXECUTIVE SUMMARY:
On April 3, 2018, the City Council adopted Ordinance 304, which establishes the process for appointing Commissioners. In accordance with the Appointment of Commission Members Policy, applications were transmitted to City Council Members who then had the opportunity to conduct interviews with applicants prior to this evening’s meeting (Attachment 1).
Staff advertised the opportunity for available Commission seats on social media and the City’s website with a submission deadline of January 11, 2023.
Applications were accepted utilizing an online portal. Eight (8) residents submitted applications for the Community Services Commission (Attachment 2).
Ten (10) residents submitted applications for the Planning Commission (Attachment 3). Five (5) residents submitted applications for the Traffic and Parking Commission (Attachment 4). Each application was received prior to the deadline of January 11, 2023. At this time, it is appropriate for the City Council to make appointments and to ratify the appointments with the assent of one other Council Member.
BACKGROUND:
Municipal Code Section 2.06.050 states “Each member of the City Council shall appoint one (1) member to each board and commission within ninety (90) days of being sworn in as a member of the City Council.” The 2022 general election warrants one appointment to each City Commission by re-elected Mayor Pro Tem Mark Tettemer, re-elected Council Member Scott Voigts and newly-elected Council Member Benjamin Yu. Each appointment will be for a term of four (4) years.
Attachment 2
Attachment 2
Item: 12
139
DISCUSSION:
Tonight, commissioner appointments will take place in alphabetical order according to the name of each commission:
1. Community Services Commission
Appointments to the Community Services Commission will be made in the following order: Mayor Pro Tem Tettemer, followed by Council Member Voigts and finally Council Member Yu.
2. Planning Commission
Appointments to the Planning Commission will be made in the following order:
Council Member Voigts followed by Council Member Yu and finally Mayor Pro Tem Tettemer.
3. Traffic and Parking Commission
Appointments to the Traffic and Parking Commission will be made in the following order: Council Member Yu followed by Mayor Pro Tem Tettemer and finally Council Member Voigts.
The City received eight (8) applications for the Community Services Commission, ten (10) applications for the Planning Commission, and five (5) applications for the Traffic and Parking Commission. On January 17, 2023, a list of the applicants was transmitted to the three City Council Members. On January 18, 2023, applications were provided to the Council Members. The following is a list of those applicants.
Community Services Commission
Timothy M. Bruton
Mauricio Escobar
Loretta Herrin
Marjorie Matsil
Shelley Merriman
Melanie Rocha
Michael D. Stannard
Janelle Zwicker
Planning Commission
Mark Armando
Francisco J. Barajas
Antonia Castro-Graham
Charlene Fell
Justin Christensen Kirk
Attachment 2
Attachment 2
Item: 12
140
Thomas H. Ludden
B. Lynn McCune
Shelley Merriman
Anthony J. Montoya
Michael D. Stannard
Traffic and Parking Commission
Vladimir A. Anderson
Cedric H. Campbell
Charlene Fell
James J. Richert
Jesse Segrist
The Appointment of Commission Members Policy states at the meeting where Commissioner appointments are made, “each appointing Councilmember shall announce his or her selection for appointment to a board or commission. The appointment must be ratified by one other Councilmember other than appointing Councilmember.” At this time, it is appropriate to ratify the nominations to each commission.
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
ATTACHMENTS:
1. Appointment of Commission Members Policy
2. Community Services Commission Applications
3. Planning Commission Applications
4. Traffic and Parking Commission Applications
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Attachment 2
Attachment 2
Item: 12
141
CITY COUNCIL POLICY: APPOINTMENT OF
COMMISSION MEMBERS
Revised: January 7, 2020. Reaffirmed January 3, 2023
Introduction
The Lake Forest City Council appoints members to its boards and commissions pursuant to the Lake Forest Municipal Code.
Background
On April 3, 2018, the City Council adopted Ordinance No. 304, which amended chapter 2.06 of the Lake Forest Municipal Code to provide for “one-to-one” appointment of board and commission members by Council Members. Before Ordinance No. 304, board and commission members were appointed by a majority vote of the City Council. Under the “one-to- one” approach, each Council Member appoints one member to each board and commission, and each board or commission member serves a term tied to that of the appointing Council Member.
This policy provides a process for the City Clerk and Council Members to implement the one-to-one appointment approach and ensure a fair, open, and public appointment process within the 90-day time frame prescribed by Lake Forest Municipal Code section 2.06.050.
1 Purpose.
The purpose of this policy is to implement the commission and board member appointment provisions of Lake Forest Municipal Code, chapter
2.06. Attachment 2
Attachment 2
Item: 12
142
2 Applications and Recruitment.
2.1 Open Call.
2.1.1 Within five business days after the swearing in of a Council Member or upon the occurrence of a vacancy on a board or commission, the City Clerk shall publish an open call for applications for consideration of an appointment(s) to the applicable board(s) or commission(s).
2.1.2 The call shall remain open for 30 days. If deemed necessary by the City Clerk to ensure a fair and public call for applications, the City Clerk may extend the call for a fixed and reasonable period after 30 days.
2.1.3 The call for applications must be open to the public. Any Council Member may recruit or encourage individuals to apply during the call, but an individual need not be referred by a Council Member to apply.
2.1.4 To avoid Brown Act violations, Council Members should not discuss or consult with each other about potential applicants.
2.2 Applications.
Qualified residents are encouraged to complete and submit an application to the City Clerk by the respective deadline. The City Clerk shall post all applications to the City website during the Council Member Review period, following the close of the application submittal deadline.
2.3 City Clerk Review.
The City Clerk shall review each application to determine whether the application is complete and whether an applicant is qualified to serve on a board or commission.
• The qualifications to serve on a board or commission, pursuant to Lake Forest Municipal Code § 2.06.030 are as follows:
o a resident of the City,
o registered to vote in the City, and
o not an officer or employee of the City.
Attachment 2
Attachment 2
Item: 12
143
If the applicant submits a complete application, but is not qualified at the time of submittal, the City Clerk shall inform the applicant of criteria that must be met in order to be considered for an appointment. 3 Review and Selection.
3.1 Transmission of Applications.
Within five business days after the close of the call for applications, the City Clerk shall transmit all complete applications to each appointing Council Member.
3.2 Council Member Review.
3.2.1 Once the call for applications is closed, Council Members may consider for appointments only those individuals with applications transmitted to Council Members by the Clerk.
3.2.2 Appointing Council Members may interview applicants in- person, via teleconference, or via video conference or may send applicants additional questions in writing. Council Members may also consider applicants without conducting interviews or further communication.
3.2.3 Council Members should note that any written communication with applicants may be discoverable under the Public Records Act
3.3 Selection.
3.3.1 An appointing Council Member shall send written notification of his or her appointment selection to the City Clerk. Within 24 hours after the City Clerk receives such notification, the City Clerk shall notify all appointing Council Members that the applicant has been selected.
Attachment 2
Attachment 2
Item: 12
144
3.3.2 If an appointing Council Member wishes to change his or her selection prior to the time appointments are placed on an agenda for consideration, the Council Member must notify the City Clerk of the new selection as soon as possible. Within 24 hours after the City Clerk receives such notification, the City Clerk shall notify all appointing Council Members that a new applicant has been selected.
3.3.3 To avoid Brown Act violations, Council Members should not discuss or consult with each other about their selections.
3.4 Timing of Review and Section.
To ensure completion of the appointing process within the 90-day time frame for appointments (LFMC, § 2.06.050), appointing Council Members’ review and selection should be completed within 30 days of the City Clerk’s transmission of the completed applications to the Council Members. If a Council Member requires more than 30 days to complete their review and selection, the Council Member should immediately notify the City Clerk. 4 Agenda and Appointment
4.1 Agenda.
Within 30 days, or other time period as deemed necessary by the City Clerk to meet the 90-day time frame for appointments (LFMC, §
2.06.050), after the City Clerk transmitted the applications to the appointing Council Members, the City Clerk shall place on the agenda for open session of a regular or special meeting the appointment(s) to a board or commission.
4.2 Appointment.
At the meeting, each appointing Council Member shall announce his or her selection for appointment to a board or commission. The appointment must be ratified by one other Council Member other than appointing Council Member.
Attachment 2
Attachment 2
Item: 12
145
4.3 Term.
No person shall be eligible to serve as Commissioner on any one Commission for more than two (2) four (4) year terms. Said term limits begin with appointments made as a result of the 2020 General Election. Notwithstanding the foregoing, any person who is appointed for the balance of a four (4) year term, but who serves for less than four (4) years in that office, shall be eligible for appointment for two (2) consecutive four (4) year terms thereafter.
Appointees are eligible to serve two (2) four (4) year terms on multiple Commissions.
Attachment 2
Attachment 2
Item: 12
146
ATTACHMENT 2
Attachment 2
Attachment 2
Item: 12
147
Attachment 2
Attachment 2
Item: 12
148
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
I have watched City Council meetings o line but have on spoke on any topics.
8. What City sponsored
workshops or seminars have you
attended?
Several events at the Sports Park facility.
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
Yes, I have been active on the Grace Community Church Board of Elders. I was Chairman of the Board for 3 years.
I currently serve on the Business Team and am slated to return to the Board in February 2023..
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
Primarily church activities.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
I am friends with Scott Voigts and attended church with Dwight Robinson, a former City Councilman.
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
No
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No.
14. What does the term
“legislative body” mean to you?
It is the body that provides support and recommendations to the executive branch.
15. The Brown Act – in your own
words – what does it mean to
you?
The Brown Act affords transparency to the the residents of local cities. It affords the citizens the opportunity to attend meetings and gives them access to information that has been discussed. It also requires that meetings be publicized to allow interested parties to participate.
Attachment 2
Attachment 2
Item: 12
149
Attachment 2
Attachment 2
Item: 12
150
TIMOTHY M. BRUTON
. ~ Lake For est, California 92630 ~ ~
SUMMARY OF QUALIFICATIONS
Management ~ Planning ~ Leadership
Retired Marine Colonel, currently Facility Manager at Nixon Presidental Library and Museum.
Dynamic and successful director offering a wide range of experience with refined skills and knowledge across a broad range of organizational functions. Independent self -starter and effective leader who develops cohesive teams and fosters collaborative efforts toward goals. Outstanding communication, and interpersonal skills that result in productive internal and external relationships at all levels. Solid critical thinking and problem solving ski lls with proven multiple responsibilities and projects in high- pressure environments. Key strengths include:
• Operational Oversight • Technology Management • Systems Management • Performance Management • Personnel Administration • Logistics Procurement
PROFESSIONAL EXPERIENCE
Program and Personnel Management
• Develop and implement effective strategies and practical plans for achieving objectives. • Establish sound policies and process that facilitate smooth workflow. • Coordinate activities across multiple departments and with internal and external stakeholders. • Assess activities and results to confirm goals are reached, identify areas for improvement, track and spearhead changes that deliver positive impact to the bottom line.
Project and Resource Administra tion
• Proven record of success in leading programs, project management, operational planning, human resource planning, logistics, intelligence and procurement. • Over twenty-eight years of successful leadership, and management experience in positions of increasing responsibility in government acquisition.
• Analyze needs to determine required staffing levels and structure teams, assign responsibilities, and design training programs to optimize productivity.
• Source, procure, and manage equipment and supplies to meet demand in a timely manner.
Business Proficiency
• Experienced with skills in senior leadership, team building, strategic thinking, problem solving, decision-making, procurement, interpersonal relations, and public speaking. • Possess unique abilities to create synergetic teams that lead to positive change and achieve enhanced performance and effectiveness.
• Develop effective marketing strategies, sales approaches, and presentations that highlight key offerings and clearly communicate the benefits proposition. • Research markets and analyze competitors to define strengths, weaknesses, opportunities, and threats.
PROFESSIONAL DEVELOPMENT
Completed professional development training that covered a range of topics including:
• Crisis Action Planning • Homeland Defense • Public Policy • Port Security • Risk Communications • Research Methods • Airport Security Design • Economics of Disaster • Technology Systems • WMD and the New Terrorism • Consequence Management: Terrorism Preparation and Response Attachment 2
Attachment 2
Item: 12
151
TIMOTHY M. BRUTON PAGE TWO
EMPLOYMENT HISTORY AND ACCOMPLISHMENTS
UNITED STATES MARINE CORP (ACTIVATED RESERVE) 2002 – present
Science and Technology Director (Colonel) – Camp Pendleton, 2005 – 2009
• Maintain Top Secret/ Special Compartmentalized Information (TS/SCI) security clearance. • Assessed capability gaps and successfully procured technology solutions for nearly 50,000 Marine forces in combat environment.
• Coordinated information sharing and technology assets and maintained excellent working relationship with U.S. Army personnel, Naval Criminal Investigative Service and Law Enforcement Professionals . • Plan and manage research and development programs in a wide range of technical areas to ensure that coalition forces have the technological capabilities required to complete their mission.
Marine Liaison with United States Air Force ( Colonel) – Al Udeid, Qatar, 2005
• Selected as senior aviator to represent equities of 2,500 Marine aviators at multi-service, international air operations center.
• Maintained excellent rapport with aviation planners and flight schedulers resulting in efficient utilization of air assets and improved response times for medical evacuations. • Developed outstanding personal relationships and formed cohesive team to coordinate air space with Marines and Air Force, Combined Forces Air Component Commander.
Senior Planner and Force Deployment Manager (Lt Colonel) – Camp Pendleton, 2002 – 2004
• Served as a vital member of the management team responsible for the deployment of Marine forces during Operation Iraqi Freedom.
• Upon recall to active duty, immediately promoted from Future Plans Officer to Deputy, then Department Head. • Coordinated with U.S. Air Force Transportation Command to expedite Marine forces to combat through extensive efforts in force rotation and expert knowledge of force deployment system.
Project Manager, Base Realignment and Closure – Tustin and El Toro Air Bases, 2000-2001
• Facilitated the environmental cleanup and closure of Marine Corps Air Stations (MCAS), El Toro and Tustin, substantially reducing costs in areas of air and water through efficient contracting. • Coordinated with the City of Tustin, County of Orange, and the Environmental Manager at MCAS Miramar to minimize Marine Corps military liability and expedite transition of properties to their civilian counterparts. • Transferred air credits from Orange County Air Quality Management District to San Diego Air Pollution Control District producing a $4.5M savings and expanding operational capabilities at MCAS Miramar.
Marine Corps Officer (Overview) – , 1982-1999
• Recruited by Commanding Officer as Personnel Administrator to organize personnel requir ements for overseas deployment and increased efficiency rating from 75% to 92% for over 300 personnel. • Improved flight readiness an unprecedented 15% in 8 months through an aggressive flight training program as Department Head of Operations.
• Excelled as Logistics Department Head coordinator for squadron deployments by ensured 100% billeting, transportation, and survival equipment were available in routine and austere environments. • Developed, organized and managed multi-faceted training program for 200 personnel squadron as ground training officer producing outstanding results in Inspector General Inspection. • Amassed 28 years of military service and leadership with the United States Marine Corps. • Accomplished CH-53E helicopter pilot with over 2,000 flight hours and 18 years flying experience and flight instruction, including combat missions during Operation Desert Shield/ Desert Storm. • Division Commander and Responsible Officer for 4 aircraft and 150 personnel for Marine detachment.
Attachment 2
Attachment 2
Item: 12
152
TIMOTHY M. BRUTON PAGE THREE
EDUCATION
AMERICAN MILITARY UNIVERSITY, Manassas, Virgi nia 2009
Master of Arts Degree
• Major: Homeland Security
MARINE CORPS INSTITUTE, Quantico, Vi rginia 2003
Command and Staff College
• Non-resident Course
CALIFORNIA STATE U NIVERSITY, San Bernardino , California 1982 Bachelor of Arts Degree
• Major: Business Management.
HONORS AND AWARDS
Meritorious Service Medal
Air Medal – Strike Flight
Navy and Marine Corps Commendation Medal
Navy and Marine Corps Achievement Medal
Selected Marine Corps Reserve Medal
Marine Outstanding Volunteer Service Medal
National Defense Service Medal
Korean Defense Service Medal
Iraq Campaign Medal
Global War on Terrorism Service Medal
Armed Forces Service Medal
Armed Forces Reserve Medal
Sea Service Deployment Medal
Southwest Asia Defense Medal
Kuwait Liberation Medal (Saudi Arabia)
Kuwait Liberation Medal (Kuwait)
Navy Meritorious Unit Commendation
Marine Meritorious Unit Commendation
Attachment 2
Attachment 2
Item: 12
153
Attachment 2
Attachment 2
Item: 12
154
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
I have attended the meetings regarding the recall
Also have gone to conduct invocation for the meeting
8. What City sponsored
workshops or seminars have you
attended?
City Leadership Academy
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
Board member of a Homeowners Association of Condo housing unit in Lake Forest
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
Leadership Academy
Snow Day at Pittsford Park
Pet dat at Sports Park
Recycling of waste material
Coach AYSO in Lake Forest
Easter day egg haunt
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
No
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
No
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No
14. What does the term
“legislative body” mean to you?
The body-meaning the group of people on the commission has the power to make or change laws for the benefit of the community
15. The Brown Act – in your own
words – what does it mean to
you?
Requires local government business to be conducted at open and public meetings
Allows the public to be involved and interact with commission to voice their opinions and encourage transparency.
Attachment 2
Attachment 2
Item: 12
155
Attachment 2
Attachment 2
Item: 12
156
Mauricio Escobar
* Trabuco Canyon, CA 92679
*
OBJECTIVE
● To obtain a position in an organization, where I can make a positive impact and utilize my skills with a company that offers career growth.
PROFESSIONAL EXPERIENCE
2019-Present Procurement Contract Specialist Orange County Community Resources ● The determined appropriate method of solicitations to complete bids for procurement ● Prepared and analyzed complex contract and bid specifications ● Performed complex procurements of goods and services
● Determine types of contracts necessary to procure a wide variety of services ● Performed value/cost analysis. Determine appropriate products to purchase. ● Investigate and researched sensitive issues and complaints to provide excellent service ● Collaborate with vendors, staff, management, County Counsel and board members
2015-2019 Senior Procurement Buyer Orange County Community Resources ● Prepared and analyzed complex contract and bid specifications ● Performed complex procurements of goods and services
● The determined appropriate method of solicitations to complete bids for procurement ● Performed value/cost analysis. Determine appropriate products to purchase. ● Ensured contracts were in compliance with County policies, rules, and regulations ● Exercised independent judgment; ability to work with little supervision.
2014-2015 Procurement Specialist Chapman University ● Worked with faculty and administrators to determine and fulfill their procurement needs ● Provided customer service by maintaining a positive and professional demeanor ● Identified current and potential suppliers; seek formal quotes, issue purchase orders ● Served as the main contact for requests intended for capital assets ● Explored and recommended alternatives to save money or improve delivery ● Handled all requests in a timely manner. Follow up on delivery dates and backorders ● Provided assistance to PeopleSoft users and work with Accounts Payable
2006-2014 Buyer Santa Ana Unified School District
● Responsible for bid projects that involve public work projects and other projects ● Coordinated conferences, job walks and conduct various bid openings at school sites ● Evaluated bid documents; award contracts and communicated daily with the vendor ● Ensured contracts were in compliance with County policies, rules, and regulations ● Applied purchasing rules and regulations to procure cost-effective materials district-wide ● Purchased services, equipment, and supplies to support the operation of the school district ● Received, review and prepared purchase orders from requisition requested
Attachment 2
Attachment 2
Item: 12
157
EDUCATION
● 2022-Present Liberty University
Doctor of Education (Candidate); Community Care and Counseling
● 2014-2016 Grand Canyon University
Master of Arts; Christian Leadership
● 2001-2003 California State University Fullerton
Bachelor of Arts; Communications
● 1999-2001 Irvine Valley College
Associates of Arts; General Education
LANGUAGE SKILLS
● Fluent in English and Spanish
VOLUNTEER
January 2016-2022 Ministries Pastor Faro Church ● Provided vision and leadership to all ministries and their leaders ● Served as the liaison between ministries and Senior and Associate Pastor ● Designed and implemented strategy for ministries.
● Conducted monthly meetings with leaders
● Provided support for all ministries in speaking, prayer, planning, fundraising, events ● Created and developed a culture of unity among all ministries ● Coordinated new building projects and conduct general maintenance and repairs ● Implemented strategies and develop a plan for Sundays:
● Developed and coordinated new effective ministries for the church and community
January 2002-2016 Administrative Assistant Faro Church ● Provided college counseling and mentoring with high school students and young adults ● Provided high-level support to the Senior Pastor in a wide range of activities ● Performed as needed by Senior Pastor administrative and ministerial duties ● Prepared for meetings and events through the production of documents and reports ● Maintained various types of files and databases for the Senior Pastor and church ● Served as the church’s principal administrative supply coordinator ● Ordered, maintained and distributed all administrative supplies ● Logistics team leader and Coordinator of special events and outreaches
Attachment 2
Attachment 2
Item: 12
158
Attachment 2
Attachment 2
Item: 12
159
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
I attend all the Community Services Commission meetings and several City Council meetings. If I’m not able to attend a City Council Meeting, I’ll watch it online. Topics include: 4th of July Parade; park renovations; senior programs; playground equipment; recreation programs and fees; concerts and movies in the park; drought and its impact on our parks; pickleball; shade structures; Special Need events; Jim Rosenberg Outstanding Commissioner Award from CAPRCBM; OC Library Summer Reading Program; Volunteer in Parks (VIP); Sports Park and Skate Park.
8. What City sponsored
workshops or seminars have you
attended?
Lake Forest Redistricting; Pickleball at Rimgate Park; Hockey Rink at Foothill Ranch Community Park; Lake Forest Homelessness Town Hall; Mountain View Affordable Housing; Legislative Luncheon; Lake Forest Chamber of Commerce Business Expo; Ethics Training; and Special Needs Resource Fair.
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
Yes. I've been Chair, Community Services Commission; Past President and currently on the Executive Board, California Association of Park and Recreation Commissioners and Board Members (CAPRCBM); Judge, Lake Forest 4th of July Parade Committee; member Orange County Paralegal Association (OCPA); member National Association of Legal Assistants (NALA); and California Parks and Recreation Society (CPRS). In past years, I've been on the School Site Council, Los Alisos Intermediate and El Toro High School; Chairman, Lake Forest II MHOA Recreation Committee; Grad Night Committee at El Toro High School; PSTO Board at El Toro High School; PTO Board at Los Alisos Intermediate; Merit Badge Counselor, Boy Scouts; Oso Lake Campmasters, Boy Scouts; Alpha Sigma Pi Sorority Alumni Association; and University of Redlands Alumni Association.
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
I have participated and/or helped with the following:
Bunny Blast; Snowfest; National Night Out; Clean Lake Forest; Pet Expo; 4th of July Parade; CPRS (California Parks and Recreation Society) District Workshops and Conferences; Lake Forest BOGO Gift Card Program; Chamber of Commerce workshops and mixers; Haunt at Heritage Hill; Breakfast with Santa; U.S. Marine Corps 1st Law Enforcement Battalion; Soroptimist International events; Merit Badge Counselor, Boy Scouts; Special Needs Dances and events; Bunco; new Flag Pole Ceremony at Veterans Park; Shop and Dine; Taste of Lake Forest; North Pole Calling; Dino Days; Jim Sax Award; Grad Night at El Toro High School; Model United Nations Conferences El Toro High School; Tustin Chili Cook-Off; Heritage Hill events including Rancho Days Fiesta, Victorian Christmas, and Candlelight Walk; concerts and movies in the park; Family Campout; Senior Advisory Board meetings; Spring and Fall Boutiques; Meet the Mayor; Civic Center Holiday and Tree Lighting; and Mayor's Leadership Breakfast.
Attachment 2
Attachment 2
Item: 12
160
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
No. We socialize at city events and meetings, but I don't socialize with them outside of that.
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
No.
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No.
14. What does the term
“legislative body” mean to you?
Legislative body includes the U.S. Congress, state legislative assemblies, and local city government. These entities are responsible for proposing, selecting, and amending the laws that govern us. On a local level, the laws and policies that are adopted by our City Council determine the goals and vision of our community, and, in certain areas, regulate the conduct of the public. Those laws and policies can promote public health, safety and welfare, including, protecting property, regulating businesses, and governing land use. All these things combine to help create and maintain the unique nature and character of our community, Lake Forest.
15. The Brown Act – in your own
words – what does it mean to
you?
The Brown Act in its simplest form is transparency in government. City council and other legislative bodies may not decide among themselves on issues except in open and publicized meetings (no “backroom dealings”).
16. What do you hope to
accomplish during your time of
service as a Community Services
Commissioner?
I want our city to provide the very best park and recreation services to all residents of our community. I would like to promote collaboration and be alert to opportunities to work together in order to stretch resources as far as possible. The public wants safe communities with good public services and facilities in which to live, work, and play.
Attachment 2
Attachment 2
Item: 12
161
Attachment 2
Attachment 2
Item: 12
162
LORETTA HERRIN, CP
Lake Forest, CA 92630
|
QUALIFICATIONS
• Administer projects and special
assignments by determining
priorities, managing time, gaining
cooperation of others, monitoring
progress, and problem-solving
• Proficient in Microsoft Office (Word,
Excel, PowerPoint, Adobe, and
Outlook), DocuSign, and Database
utilization skills
• Manage multiple tasks
• Have a high-level of
professionalism and ability to work
well with attorneys, all levels of
staff, executives, clients, and
outside counsel
• Strong analytical and research
skills
• Exceptional verbal and written
communication as well as
interpersonal skills
• Ability to work independently, think
proactively, and be a team player
• Outstanding attention to detail and
accuracy
PROFESSIONAL EXPERIENCE
UPS, Aliso Viejo, CA 2020 to present
Tower Admin
• Communicate effectively vital information to the operators and management team.
• A ddress multiple demands and competing priorities in a fast-paced environment.
Apex/Pacific Life, Newport Beach, CA 2019
Paralegal
• Facilitated efficient and effective communication between the CSO and Management with emphasis on researching and analyzing laws, rules, and procedures with respect to regulatory, governance, and company administrative requirements.
Advantage Solutions, Irvine, CA 2017-2018
Paralegal
• Worked closely with CSC (Corporation Service Company) for regulatory filings for 192 corporate entities and DBAs.
• Maintained and updated corporate minute books, corporate filings and agreements.
• Executed ad hoc projects and other assignments as assigned by the General Counsel.
• Coordinated real estate transactions and leases with Treasurer.
Conexant Systems, Inc., Irvine, CA 1999-2014 Legal Assistant / Contract Database Specialist / Contract Management • Managed, prepared, researched, and reviewed contracts, amendments, contract proposals, non-disclosure agreements, and leases.
• Acted as liaison between various internal departments, executive team, and outside counsel.
Attachment 2
Attachment 2
Item: 12
163
Loretta Fischer-Herrin
2 • Set up tracking system to monitor progress of legal and contract matters. • Maintained all legal files (hard copy and electronic) and implemented record retention procedures.
• Acted as liaison with internal and outside counsel and various departments at all levels. Represented the legal department on company project teams and committees to achieve successful outcomes.
• Trained the department regarding the contract databases. • Helped with IP.
• Provided comprehensive legal support.
• Worked with engineers, and Outside Counsel to complete patents and IP internal process.
• Assisted with numerous mergers, divestitures, and company bankruptcy.
EDUCATION
Certified Paralegal (CP) – National Association of Legal Assistants (NALA) 2017
Coastline Community College, Newport Beach, CA Paralegal Certificate 2015 Honors: Dean’s List and LEX (Lambda Epsilon Chi) National Honor Society
University of Redlands, Redlands, CA B.A. 1979
COMMUNITY LEADERSHIP
Past President and Executive Board Member, California Association of Park and Recreation Commissioners and Board Members (CAPRCBM). Interface with elected officials and the public to discuss and resolve issues.
Community Services Commissioner (fka Parks and Recreation), City of Lake Forest.
Research and communicate with the elected public officials regarding city park issues.
Volunteer of the Year, CPRS (California Parks and Recreation Society)
City of Lake Forest Volunteer in Parks Program (VIP)
City of Lake Forest Parade Committee, Judge
University of Redlands Alumni Association
Attachment 2
Attachment 2
Item: 12
164
Attachment 2
Attachment 2
Item: 12
165
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
I have attended Lake Forest City Council Meetings on a regular basis since 2003...not missing more than 12 meetings over the years.
Some of the following topics that I have spoke about
*Support of the Renewal of the OCSD contract with the City of Lake Forest *Events being sponsored by the Lake Forest Chamber of Commerce ( I was part of the AD HOC Committee partnered with the City that formed the Lake Forest Chamber in 2009.
***I served as Event Chair for many years and spoke about upcoming Chamber Events at various times at Council Meetings
* Events being sponsored by the Kiwanis Club of Lake Forest such as the South County Outreach Food Drive that we sponsored twice a year in February and August
***I served on the Board of Directors for many years, served as their Speaker Chair and was also Vice President and then President of the Lake Forest Kiwanis Club
*Spoken on supporting Council Members and thanking them for their service
NOTE: Since becoming a Community Services Commissioner in January 2019 I have not spoken at meetings as I thought it best not too speak on Agenda Items or comment on
Public Comments...
8. What City sponsored
workshops or seminars have you
attended?
* North Pole Santa Calls for the last 6 or 7 years
*Served on the Lake Forest 4th of July Parade Committee .
Snowfest, Bunny Blast
Attachment 2
Attachment 2
Item: 12
166
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
LAKE FOREST CHAMBER OF COMMERCE
*** Event Chair
***Membership Chair
*** Served on the AD HOC Committee that formed the Lake Forest Chamber of Commerce in 2008 (served with (from the City, Jessica Gonzales, David Belmer, Council Member Mark
Tettemer, the late City Council Member Richard Dixon, David Carter (Planning Commission)
*** I served on the Lake Forest Chamber of Commerce prior to the one formed and partnered with the City of Lake Forest- it was part of the (former) South Orange County Regional
Chambers of Commerce which disbanded I believe in 2007
******This Committee of Formed the Chamber of Commerce which began in 2009. It is a partnership of the Chamber with the City of Lake Forest
KIWANIS CLUB OF LAKE FOREST
*** Board of Directors Member
***Vice President
***President
***Speaker Chair ( I was in charge for many years to book speakers from various organizations to speak at our Friday morning meetings at Mimi's Cafe in Lake Forest
Actually one of my first speakers to book was Council Member Robert Pequeno. This is when he was appointed the first "OCSD Homeless Liaison Officer for the City of Lake
Forest"
*** Chaired the Kiwanis Club Semi-Annual (February and August) Food Drive benefiting South County Outreach
***Student Advisor for the Kiwanis Key Club at El Toro High School and Trabuco Hills High School ( "KEY" stands for Kiwanis Educated Youth) For about 5 years when I was working evenings I attended the KEY Club Weekly Meetings at El Toro High School
KID'S MINISTRY
*** for the last (2) years I have been a Sunday School teacher at my Church - Calvary Chapel Costa Mesa
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
*** Lake Forest Chamber of Commerce
*** Kiwanis Club of Lake Forest
***South County Outreach
Attachment 2
Attachment 2
Item: 12
167
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
Mark Tettemer: I met Mark and his family in 2003 and helped him with his 2004 campaign..we became friends.
Scott Voigts: friend
Loretta Herrin: friend
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
Endorsed Mark Tettemer 2004 and 2008 campaigns...no donations Endorsed (not publicly) Benjamin Yu in the 2022 campaign. I am in his district
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
Mark and Brenda Tettemer and their kids have been friends of mine for almost 20 years (as described in question #11)
Scott Voigts: friend
Loretta Herrin: friend
14. What does the term
“legislative body” mean to you?
A group of elected officials who make the laws..in this instance I believe the "legislative body" to be the members of the Lake Forest City Council
15. The Brown Act – in your own
words – what does it mean to
you?
Local government business to be conducted in an open forum and public meetings.
This I believe does not apply, however, to the City Council "Closed Session Meetings"
From what I have learned over the years of attending City Council Meetings, "The Brown Act" also prohibits more than (2) council members from discussing a City Item when not a City Council Meeting.
16. What do you hope to
accomplish during your time of
service as a Community Services
Commissioner?
I have served as a Commissioner for the last (4) years. It was my first term as a Commissioner. When I found out there was an opening on this commission in mid-December of 2018,. I was not going to apply. I thought what could I bring to this commission? I don't really know about "parks and recreation" (former name of this commission.)
At the "final hour" on December 31, 2018 I applied and submitted my application at 4:45 pm (the deadline was 5:00 pm.)
I was appointed (not thinking I had a chance)
What I learned from serving on this commission for the last (4) years was that I knew a lot more about the City of Lake Forest than I thought I did.
I was educated by the City of Lake Forest by attending City Council Meetings on a regular basis since 2003,,also by serving on the Lake Forest Chamber of Commerce, as well as the Kiwanis Club of Lake Forest and many other City Committees.
After serving for the last (4) years I know this time, as I apply that I am very qualified to serve for a 2nd term as a Commissioner. I will do my best to honor the City's motto.
"Remember the Past...Challenge the Future"
Attachment 2
Attachment 2
Item: 12
168
Attachment 2
Attachment 2
Item: 12
169
Attachment 2
Attachment 2
Item: 12
170
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
I Started getting involved in 2020. I attended several in-person (about 5) and many online broadcast during COVID. The major topics were varied. I have never spoken about any topics. I was an observer gathering information and insight.
8. What City sponsored
workshops or seminars have you
attended?
none
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
no
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
Over 10 years involved in the Boy Scouts (my son is an eagle scout), coached baseball and softball, volunteered as a soccer referee, participated in local church youth education, participated in my master association neighbor watch and rep program. Attended several monthly board meetings.
I am also a member (over 20 years), and past president of the Orange County Section of Society Of Women Engineers. We provided STEM and engineering support to fellow engineers in the community, including aerospace badge day for Girl Scout troops.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
No
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
No
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No
14. What does the term
“legislative body” mean to you?
Being the chief governing body of a city which has legislative powers.
Representing the people of the city, not my own agenda.
15. The Brown Act – in your own
words – what does it mean to
you?
To aid in the conduct of the people’s business.To take actions to be taken openly and that any deliberations be conducted openly. To be accountable for my actions. Following the rules of law.
Attachment 2
Attachment 2
Item: 12
171
Attachment 2
Attachment 2
Item: 12
172
SHELLEY MERRIMAN
| | www.linkedin.com/in/shelleymerriman
TECHNICAL PROJECT MANAGER
Highly accomplished and technical CONTINUOUS IMPROVEMENT/TECHNICAL PROJECT MANAGER with a proactively “get it done” attitude. Demonstrated track record of strong leadership skills in achieving product, process and service improvement to reduce waste, utilizing Lean Methodology tools, organizational change management, problem-solving, analytical and critical thinking skills, through coaching, mentoring, and training. A respected leader and resource specialist, with strong communication skills, negotiating and interpersonal skills.
Promotes team discussions, relationship building, accountability, technical knowledge sharing, continuous learning, and teamwork. Values efficiency, organization, quality professional integrity and attention to details.
KEY COMPETENCIES:
Continuous Process Improvements
Value Stream Mapping (VSM)
Current and Future State Product Roadmap
Lean Product Development (LPD)
Standard Design Development Process (SDDP)
Project Management
Product Lifecycle Management (PLM)
Business Process Management
Risk Mitigation
DFMA / PFMA
Design for Value Engineering / Design for 6 Sigma
Design / Process Validation and Verification
Failure Mode Effect Analysis (FMEA)
High Performance Team (HPT) Trainer / Coach
SharePoint Developer / Architecture
Lean Six Sigma / Kaizen / A3 / DMAIC / PDCA / 5S /
Fishbone / KPI’s / Apollo Root Cause Analysis
Facilitator / Trainer / Presenter / Coach / Mentor
ISO 9000 Internal Auditor
ACCOMPLISHMENTS
Achieved 70% time reduction (300 to 90 hours/week) for technical configuration control board process. As lean project manager, analyzed developed and implemented new priority evaluation process. Lead, designed, and implemented Visual Management (VM) process for Daily Management Meetings operations, resulting in a 30% increase productivity for action item burn down. Utilized QDIP metrics Facilitated cross functional organizational level Kaizen improvement events activities for problem report execution, integration lab efficiency using VM, improving financial performance measures and schedule. Developed First Pass Yield Excel Pivot table, to analyze and resolve manufacturing and compliance issues (CAPA) for non-conformances product lines. Resulting in 75% (400 hours/month) process time reduction. Increased productivity 50% by developing standard process workflow requirements and procedures for customer / supplier deliverables, using MS Access and SharePoint team collaboration sites,
PROFESSIONAL EXPERIENCE
AERO LEAN SOLUTIONS, Orange County, CA August 2017 – Present LEAN SR. Engineer Manager, Continuous Improvement
Facilitated inventory management evaluation and process improvement for procurement optimization of supply chain process. Developed naming process and Standard Operating Procedures (SOP) 50% reduction of inventory database, 40% improved inventory quality, and 30% TAKT reduction. Developed project plan and process mapping. Implemented a Lean change management culture to enable knowledge transfer. Develop training documentation materials (work instructions) to train employees.
PARKER HANNIFIN – CONTROL SYSTEMS DIVISION, Irvine, CA December 1995 – October 2016 Project Engineer-Engineering Lean Product Development, 2008 – 2016 Championed, lead and implemented lean continuous process improvement initiatives, using lean engineering methods and project management skills and tools (Risk analysis, Project Plans, Kaizen, cause and effect, problem solving, etc.) to optimize/improve manufacturing and design processes, eliminating waste, achieving company, customer and product reliability and cost objectives. Created project plan, requirements, products specifications for inter-organizational and external customer SharePoint collaboration team-environment sites. Utilized process flow, internal requirement submittals tracking, and visual indicators, for critical path technical issues resolution and problem report burn down.
Attachment 2
Attachment 2
Item: 12
173
SHELLEY MERRIMAN 949-677-5795 [email protected]
Created, managed and prioritized strategic standard design and development process requirements for product lifecycle management. Created workflow process documentation review, approval and release process for standardization and sustainability for customers and suppliers. Utilized roles and responsibility matrices for cross functional team accountability.
Collaborated in the corporate, group, divisional, and external partners product strategy planning.
Implemented SharePoint sites, LPD, VSM, SDDP, HPT, and Enovia 3D PDF business process standards. Technical support for all levels of the organization (e.g., supply chain, engineering, designers, manufacturing, quality, finance) to improve business processes by developing standard operating procedure.
Developed standard operating procedure requirements for the Data Acquisition Test Console equipment. Created and published cost reduction tips for technical design, office productivity and efficiency. Member of the Environmental Health and Safety (EHS) and Quality audit team, supporting clean room, shipping, manufacturing, assembly and test areas.
Sr. Design Engineer, 1998 – 2008
Integrity Program Project Manager on F-35 hardware / software, safety and mission critical requirements Defined data management lifecycle for cross functional business units. Implemented roles and responsibilities matrix for process flow optimization approval. Planned, budgeted, tracked earned value maintained cost and schedules as Cost Account Manager. Project Lead for Lockheed Martin Functional Configuration Audit (FCA). Received Spotlight Award for outstanding customer experience. Data Manager and member of Joint Configuration Control Board (JCCB) Developed, managed and performed complex QUAL testing, Test Failure Analyses protocols to qualify and validate design/re-design processes, manufacturing processes, assembly and test processes. Oversaw and coordinate engineer, test technician, manufacturing, and assembler tasks. Writing special instruction work orders to conducting testing.
Completed QTR’s and submitted in electronic format (pdf) to meet customer requirements. Participated in Engineering College Recruiter and public relations for the Parker Aerospace Group.
Support Engineer, 1995 – 1998
Engineering design support for qualification testing, manufacturing, assembly and test production. Performed preliminary design stress analyses for follow through MRB support.
EDUCATION
Bachelor of Science, Mechanical Engineering – Technology, California State Polytechnic University, Pomona,
PROFESSIONAL TRAINING / CERTIFICATION / DEVELOPMENT
Project Management, six sigma lean greenbelt, Effective Presentation Skills, Design for Manufacturing & Assembly-DFMA, Process for Manufacturing and Assembly-PFMA, Cost Account Manager (EVMS), Configuration Management, Continuous Improvement, Lean Bootcamp I, II, III, SPC, Lean for Manufacturing, 10-Step Problem Solving, Apollo Root Cause Analysis “train-the-trainer”.
SOFTWARE EXPERTISE
Advanced: MS Office Suite (Word, Excel, PowerPoint, Access), Project, Visio, SharePoint, Adobe Acrobat Pro Proficient: TK Solver, Lotus Notes, Visual Basic
Knowledgeable: CATIA (CAD), DOORS, MKS, MatrixOne, Minitab, Enovia,
PROGRAMMING
SharePoint Team sites; MS Access databases; Lotus Notes Web services page development and administration
AFFILIATIONS
Society of Women Engineers (SWE) Orange County
Section President (FY10), Vice President (FY09), Section Representative (FY03 –FY07) (8 officers, 30 committee chairs and 150 members) between national, regional and local SWE organization.
Presenter at SWE National Conference, UCI Student week, SWE-OC and ASME-OC membership meetings.
Keynote speaker at UCI SWE industry networking event. Girl Scout Engineer Day facilitator.
Attachment 2
Attachment 2
Item: 12
174
Attachment 2
Attachment 2
Item: 12
175
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
I have not personally attended any city council or commission meetings, or made comments in any of these meetings.
8. What City sponsored
workshops or seminars have you
attended?
none yet
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
not yet
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
I have participated in the Leadership Academy in 2022. I use the Lake Forest app to make the City aware of issues such as graffiti. I participate in classes offered by the recreation department with my young children.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
No
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
No
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No
14. What does the term
“legislative body” mean to you?
The legislative body is the part of the government that can make, amend and repeal laws. In order for this to work well, there needs to be a lot of feedback between residents and their legislative body.
15. The Brown Act – in your own
words – what does it mean to
you?
The Brown Act is a vital cornerstone to hold government accountable and keep it transparent. The Brown Act keeps government happenings available to the public. The Brown Act should be seen as the absolute base line and it should constantly be re-evaluated if additional steps can be taken to make government more transparent and more responsive to resident needs.
Attachment 2
Attachment 2
Item: 12
176
Attachment 2
Attachment 2
Item: 12
177
Attachment 2
Attachment 2
Item: 12
178
Attachment 2
Attachment 2
Item: 12
179
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
I've attended one council meeting, where I was presented with a certificate of completion for the Lake Forest CERT program.
8. What City sponsored
workshops or seminars have you
attended?
I have attended and successfully graduated from Lake Forest's Community Emergency Response Team program.
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
I have served as a committee member and board member of multiple industry and non-profit organizations, including two years as the Vice President of the El Toro High School Instrumental Music & Pageantry Board and one year as Vice President and two years as President of an organization focused on meeting the needs of single parents in South Orange County. I also served as a committee member of the Association of Marketing Service Providers for eight years.
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
As a part of my role as the Vice President of the El Toro High School Instrumental Music & Pageantry Board, I led our initiative to develop and launch the Prelude in the Park Concert in 2008. In association with the city, the annual concert featured student musicians from El Toro High School which served a key role in connecting community members with the city's only high school. Its successful planning and execution, as well as its popularity with the residents, laid the groundwork for an event that continued to be held through 2018.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
I have been introduced to Scott Voigts through a friend and have had short discussions with him on a few occasions over the last 10+ years.
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
No.
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No.
14. What does the term
“legislative body” mean to you?
Legislative body means the governing body of a legislative area (e.g., city, state, county) which has the authority to develop, pass, and administer laws, regulations, etc. which representing the will of its constituency.
Attachment 2
Attachment 2
Item: 12
180
Attachment 2
Attachment 2
Item: 12
181
Michael D. Stannard
Business Owner | Organizational Leader | Client Relationship Executive | | Lake Forest, CA
PROFESSIONA
L PROFILE
Multi-faceted business leader with a proven history of increasing revenue through customer acquisition, growth and retention. Experienced in all aspects of business management, with a history of organizational growth and performance excellence. Developed successful, award-winning strategies with exceptional results for companies ranging from start-ups to Global 500’s with an emphasis on technology companies.
Desire a leadership position that affords the opportunity to utilize my experience and diverse set of skills to attain new levels of success for the organization, it’s customer and employees, as well as my continued professional development & advancement.
SELECTED ACCOMPLISHMENTS
Strong Organizational Fiscal/Turnaround Management:
• Returned marketing company to profitability and increased revenues after the crash of the tech-sector and the 2008 recession – each event had resulted in a 50% loss of revenue. • After becoming COO of a 39-year old hotel, increased room revenue 12%, reduced expenses 5%, increased guest ratings 25%, and improved property star rating from 2.5 to 3.5.
Proven Client Growth and Development:
• Grew LG Electronics annual agency revenue by 25x and expanded services from distribution only to include creative development, marketing research, technology solutions and other key service offerings. • Authored the RFP and led the pitch team for the Southern California Edison account that secured a $5,000,000 contract & two subsequent three-year terms – the latest at a 60% increase – up to $8,000,000. • Developed Gateway Computers from $10,000 one-time project to over $5,000,000 in annual revenues.
Successful Marketing Strategic Development:
• Designed and implemented B2B lead generation marketing campaigns for large computer manufacturer.
Efforts resulted in increased quantity and quality of leads produced and 50% increase in revenue. • D eveloped lead generation initiative for a Virtual Desktop Service for a Global 500 company resulting in 30% appointment setting rate over pilot forecast.
• Launched one-to-one lead generation program for digital media content management and distribution provider to the broadcast industry. Generated 5% response rate and over $5,000,000 in revenue. • Established dealer channel program resulting in a 50% response rate & sales increase of 15%. • Strategized employee incentive program for major airline generating over $10,000,000 in annual revenue.
KEY SKILLSETS
Organizational Management Sales & Marketing Integration Strategies
Marketing Research & Analytics
Client Relationship
Management
Revenue Growth Strategies
IT Solutions Implementation
Online Marketing Initiatives
Web Application Development
RFP Response Writing &
Pitch Development
Ecommerce Optimization Warehousing & Distribution
Contract Negotiation Finance & Human Resources And more…
INDUSTRY EXPERIENCE
High-Tech Consumer Electronics Public Utility
Finance/Insurance Consumer Packaged Goods Manufacturing Non-Profit Retail Travel & Leisure
Nutraceuticals Healthcare & Medical Device And others… Attachment 2
Attachment 2
Item: 12
182
CAREER HISTORY
Ideation Marketing Group, LLC
President & CEO Aug. 2017 - Present
• Launched hybrid digital and traditional marketing organization focused on assisting companies and non- profit organizations drive new customer/donors, retain current customers, and increase brand awareness. • Built a team of marketing professionals focused on helping businesses establish, grow, and optimize their marketing efforts.
• Developed and executed over ten successful product launches from concept through delivery. • Identified and pursued business opportunities to acquire new clients, growing revenue by over 700% over five years.
Specialized Marketing Services Inc., Irvine, CA
President & Chief Operating Officer Oct. 1991 - Aug. 2016
• Played a pivotal role in the organization’s evolution from start-up to over $10,000,000+ in annual revenue.
• Spearheaded the agency’s transition from a direct mail company to an integrated, direct response marketing agency, combining the power of traditional and digital marketing to deliver groundbreaking results. • Responsible for organizational management, client acquisition & growth, internal & client-facing solutions development, marketing strategies and overall business effectiveness. Grew numerous clients annual spend by over 500%.
• Led client acquisition & growth efforts resulting in over $50,000,000 in revenue. • Improved business efficiencies through process implementation, training, technology updates, hiring practices and more.
• Re placing lost revenue after large economic downturns – increased revenues by more than 100%.
The Victorian Inn, Telluride, CO
Chief Operating Officer Jan. 2014 - Aug. 2016
• Strategized and led the turnaround of a 39-year old, 33-room hotel located in the ski resort town of Telluride, CO – resulting in increased revenues (up 15%), profitability (up 20%) and occupancy (up 15%). • Improved overall guest experience and increased positive guest reviews by 25%. • Developed, implemented funded a two-year, $400,000+ refurbishment without taking on any debt and improved Expedia Star Rating of 3.5 from 2.5.
• Implemented property management system leading to 100% reduction in booking fees and increased productivity.
• Launched new website with dynamic content, online booking integration and online marketing initiatives. • Integrated onsite reservation system with online travel agent systems to reduce overbooking issues and streamline payments. Increased speed of payments from Online Travel Agents by 30%.
EDUCATIONAL HISTORY
California State University, Fullerton, CA 1988 - 1992 Business with an emphasis in marketing
Don Bosco Technical Institute, Rosemead, CA 1983 - 1988 3-years high school studies, 2-years college studies
OTHER EXPERIENCE
Active Single Parents of Orange County Grace Community Church of Saddleback Valley President — 2-years Children's Ministry Leader — 11-years
Association of Marketing Service Providers El Toro High School Instrumental Music & Committee Member — 8-years Pageantry Board
Vice President, Administration — 2-years
Attachment 2
Attachment 2
Item: 12
183
Attachment 2
Attachment 2
Item: 12
184
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
I watch the city council live feed and have attended meetings periodically.
The major topics I heard discussed were park updates, housing, funding for after school programs, homelessness and the buy one get one gift card program with COVID funding.
8. What City sponsored
workshops or seminars have you
attended?
None
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
I am a current board member on the Rancho Canada Elementary PTA and serve as the Advocacy and Yearbook Committee Chair. I also serve as the Advocacy committee chair on the Serrano Intermediate PTSA. I was previously the MOMS Club of Lake Forest president.
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
I joined the MOMS Club of Lake Forest in 2012 and served as president and committee chair during my 10 years in the club. We fundraised for local charities, visited the local senior centers and attended city events. I'm also very familiar with the Lake Forest parks since I organized a visit to every park one summer. I am currently a volunteer with Rancho Canada Elementary PTA and the Serrano Intermediate PTSA. I volunteer in the classroom and also at school events.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
No
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
No
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No
14. What does the term
“legislative body” mean to you?
A group of elected officials responsible for making or changing laws. They have a responsibility to serve their community.
15. The Brown Act – in your own
words – what does it mean to
you?
A set of rules a local government must follow in order to be transparent about government business. Allows the public to attend and participate in meetings, except in certain privacy situations.
Attachment 2
Attachment 2
Item: 12
185
Attachment 2
Attachment 2
Item: 12
186
Janelle Zwicker
Lake Forest CA
SUMMARY
I believe community services are the lifeblood of a city and the biggest reflection on its priorities. I moved to Lake Forest in 2011, while on family sabbatical from my career in television to raise my children. I attended city preschool and sports classes with both my children and have visited every park in Lake Forest in an effort to familiarize myself with and enjoy the community that I live in.
QUALIFICATIONS
● Active volunteer with the PTA and president of the MOMS Club of Lake Forest
● Highly organized and detailed oriented
● Passion for and knowledge of Lake Forest
● Recognized for outstanding ability to adapt and work with others during my time as a programming coordinator at Fox
EDUCATION
Loyola Marymount University 2002
Bachelor of Arts in Television Production
EXPERIENCE
Rancho Cañada Elementary PTA, Lake Forest August 2015-present Volunteer and Board Member
● Design and create yearbook, and process all orders for distribution ● Assist at various school events and in the classroom
● Advocacy committee chair; visit legislators in Sacramento and at local offices to discuss public education
MOMS Club of Lake Forest January 2012-2022
Volunteer, President, and Committee Chair
● Presided at monthly board meetings
● Oversaw general operation of the club, its board members, committees and functions
● Ensured bylaws were communicated and followed by all members Life’s a Party Photography, Lake Forest 2013-present
Owner/Photographer
Fox Television Stations, Inc., Los Angeles February 2004 - November 2011 Administrative & Programming Coordinator
● Effectively communicated programming information, changes, etc. to all internal departments and TV listings services
● Performed administrative duties for the General Manager; fielded calls, maintained calendar, answered viewers’ questions or concerns and transferred them as needed
Attachment 2
Attachment 2
Item: 12
187
ATTACHMENT 3
Attachment 2
Attachment 2
Item: 12
188
Attachment 2
Attachment 2
Item: 12
189
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
I have been a member of the Lake Forest Planning Commission since 2016 and have attend most meetings
8. What City sponsored
workshops or seminars have you
attended?
I attend the annual City Planners seminar at the Nixon Library I have also attended and completed the Sexual Harassment and Abusive Conduct Prevention Training
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
I have served as Chair of the Lake Forest Planning Commission in 2018 and 2022
I have been a board member of the Concord Crossing Homeowners Association for approximately 20 years
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
As a Police Officer for 30 years, I noticed the city started the Hometown Heroes program where the fly a banner on street light poles honoring a city resident who is serving in the military. I obtained information from the city of Huntington Beach and forwarded it to Gayle Ackerman. I also spoke with several Council members about this program. After the new City Hall was built, the City of Lake Forest enacted a similar program on the street leading to City Hall.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
No
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
Yes
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No
14. What does the term
“legislative body” mean to you?
A group of people elected or appointed to create and/ or implement laws or ordinances
15. The Brown Act – in your own
words – what does it mean to
you?
With limited exceptions, all matters that have or will come before a Council or Commission, can only be discussed in a meeting that is open to the public
Attachment 2
Attachment 2
Item: 12
190
Attachment 2
Attachment 2
Item: 12
191
Attachment 2
Attachment 2
Item: 12
192
Attachment 2
Attachment 2
Item: 12
193
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
I have been a Commissioner for the city for the past eight years, having served four years as a Parks and Recreation (now community services) commissioner and now four years as a planning commissioner, having regularly attended commission meetings.
8. What City sponsored
workshops or seminars have you
attended?
I have attended all workshops where commissioners were requested to attend to provide insight.
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
I have served as Vice Chair and Chair of the Planning Commission.
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
I have served the city as a commissioner for the past eight years. I have also volunteered during Shop and Dine Lake Forest events during its first few years.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
Having lived in Lake Forest for close to ten years, I have formed social relationships with several council members and commissioners, including Councilmembers Scott Voigts, Ben Yu and Mark Tettemer. I see them on occasion at various city functions and at other functions throughout the County through various organizations I am or have been a part of. I have relationships with commissioners from the planning commission as I have been serving on it for the past four years and relationships with community services commissioners as I served on that four years prior.
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
I have. Particularly Councilmembers Scott Voigts, Mark Tettemer and Ben Yu.
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
I have a personal relationship with several city employees as I interned with the city when I first moved here. I do not have any professional affiliations outside of my work as a commissioner.
14. What does the term
“legislative body” mean to you?
The legislative body is a group of elected representatives who are tasked with making decisions over their jurisdictions related to laws and ordinances. In the city of Lake Forest, this is done by a majority vote of the five-member council.
Attachment 2
Attachment 2
Item: 12
194
Attachment 2
Attachment 2
Item: 12
195
FRANCISCO J. BARAJAS
EDUCATION
• M.P.P. – Pepperdine University School of Public Policy, April 2013 • B.A. Political Science – California Baptist University, May 2011
RELEVANT EXPERIENCE
Southern California Association of Governments, Los Angeles, CA October 2022 – Present Legislative Manager, OC Public Works
•Support advancement of the agencies legislative and budgetary priorities at the regional, state and federal levels
County of Orange, Santa Ana, CA June 2019 – Present Legislative Manager, OC Public Works
•Track, coordinate, develop, and/or facilitate state and federal legislative policy/analysis and advocacy, including authoring and pushing new legislation as needed.
•Review policy proposals in detail and identify opportunities and risks for the department’s operations. This includes evaluating department wide systems, policies, projects, programs, and regulations to make recommendations for impacts from legislation as well as funding opportunities. •Track grant and other state and federal funding opportunities that would benefit our projects and programs, keeping staff informed of items such as qualifications, application deadlines and requirements. Plan •Serve as legislative liaison to various community groups, government agencies and legislators at the local, state and federal level, sharing timely information and analysis of emerging public policy trends and issues, elevating them to leadership as necessary
Communications LAB, Orange, CA July 2013 – June 2019 Legislative Manager, OC Public Works
•Developed and maintained working relationships with elected officials, government staff, and community stakeholders throughout Orange County
•Researched and analyzed pending legislation for clients that would impact their industries, including healthcare, water infrastructure, transportation, tax policy, and economic policy •Authored opinion correspondence and fact sheets on ongoing issues, speaking at public meetings when necessary •Worked with partner agencies when needed at the local, state and federal level •Created educational events for clients related to legislation, ballot initiatives, and other policy issues that impacted the community
•Assisted with response and resolution of highly escalated community issues throughout Orange County •Managed multiple clients simultaneously, working around tight competing deadlines •Lead, coached and developed full time staff to assist with daily operations
VOLUNTEER EXPERIENCE
• Commissioner, City of Lake Forest December 2014 – Present • Board Member, Orange Chamber of Commerce June 2017 – June 2019 • City of Lake Forest, Economic Development April 2013 – June 2013 • Association of California Cities – Orange County May 2012 – August 2012 • OC Board of Supervisors, Chair John Moorlach May 2012 – August 2012 • Western Municipal Water District, External Affairs June 2010 – May 2011 • Inland Empire Office of the Governor September 2009 – June 2010 Attachment 2
Attachment 2
Item: 12
196
Attachment 2
Attachment 2
Item: 12
197
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
I have watched City Council meetings since 2019.I closely watched the discussion surrounding community choice energy and the development of the former nursery on Bake.
8. What City sponsored
workshops or seminars have you
attended?
I have attended numerous community events and my daughter attends recreation programs.
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
I serve as a Vice President on the St. Junipero Serra Catholic School PTO. I also served as the Secretary for Women Leading Government. I am the Vice President of Advocacy for the Cal State Fullerton Alumni Association. I also serve on the MPA Advisory Board.
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
I was part of Women Leading Government with Debra Rose (City Manager) and I worked with Mike McConaha when I worked at the City of Placentia.
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
No
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No
14. What does the term
“legislative body” mean to you?
As a former City staffer of 22 years and a professor of public administration at CSUF and Cal Poly Pomona, I understand deeply what the term legislative body means. Within public administration the legislative body refers to the policy makers. In the case of Lake Forest, the policy makers are the City Council Members. They appoint committee and commission members to help advise them on policy issues. It is the city staff who implements the policies of the legislative body.
Attachment 2
Attachment 2
Item: 12
198
Attachment 2
Attachment 2
Item: 12
199
Attachment 2
Attachment 2
Item: 12
200
Manager; participated in department bud get review meetings; monitor ed Citywide revenue and expenditures. Administered, oversaw, and implemented a variety of sustainability and energy projects and ad vised the City Council on energy , solid waste, water conservation, electr ification, and sustainability policy . Served on the labor nego tiations team and act ed as the City Manager in his absence.
Assistant to the City Manager/Energy & Sustainabilit y Manager (2014-2019) CITY OF HUNTINGTON BEACH - Huntington Beach, California Managed a variety of service delivery areas including human res ource initiatives, technology upgrades, budget, labor negotiations, economic development initiatives, telecommunications “Smart City” projects, energy and sustainability projects, talent management and succession planning, and legislative advocacy among ot hers. Coordinate d and manage d interdepartmental studies and projects.
Represented the City at region al and local meetings ; including with Congressional Members and S tate and Local elected officials to lobby o n behalf of t he City on issues related to the F ederal Aviation Authority, Coast Guard, South Coast Air Quality Management District, and housing legislation. Frequent speaker at national conferences highlighting City projects/programs.
Selected Accomplishments, Projects, and Initiatives
• Written and awarded over $12 million in competitive grant funding for a variety of City projects/programs.
• Recruited cities to join the Orange County Recycling Market Development Zone and serve as the Zone Administrator.
• Oversaw the acquisition and retrofit of over 11,000 streetlights from Southern California Edison.
Cost savings of $14 million over twenty years.
• Recipient, 2016 Mayor’s Award for Exemplary Service
Administrative Analyst III (2013-2014)
PORT OF LONG BEACH/CITY OF LONG BEACH (Office of Chief Harbor Engineer) - Long Beach, California Responsible for coordinating bureau-wide initiatives and special projects, managing implementation of sustainability guidelines, developing, and coordinating Engineering Bureau memoranda and exhibits (for Board of Harbor Commissioners), writing and editing administrative directives, and providing support to the creation of sustainability indicators for ongoing capital projects.
Public Works Analyst (2012-2013)
CITY OF PLACENTIA - Placentia, California
Responsible for managing city’s environmental compliance and sustainability initiatives, Green Business program development and implementation, collaborating with local agencies on various projects, securing funding for sustainability efforts, administering grants, providing program and administrative support to field personnel and maintenance staff, overseeing PubWorks work order management process, and all aspects of community relations.
Environmental Programs Coor dinator (2010-2011)
CITY OF POMONA - Pomona, California
Responsible for managing the City’s environmental programs, overseeing program implementation activities, policy and proced ural development, monitoring pr ogram performanc e and compliance, preparing grant applications, and repo rt preparation. Implemented and rev ised city’s water conservation program, including coordinating field operations, determining require d conservation levels, and overseeing public outreach and enforcement.
Additional Experience:
Attachment 2
Attachment 2
Item: 12
201
• CCMF/Muni Services – Municipal Financial Management Course (Completed 2018) • Instructor, California State University, Fullerton (2011-Present) • Part-Time Instructor, Irvine Valley College (2012-Present) • Part-Time Instructor, Cal Poly Pomona (2021 – Present) • Adjunct Instructor, University of California, Irvine – Extension (2013-2015)
EDUCATION
• Executive Masters of Sustainabil ity Leadership, Arizona State University, Tempe, Arizona • Master of Public Administration, California State University, Fullerton, Fullerton, California • Bachelor of Arts in Political Science & American Studies, California State University, Fullerton, Fullerton, California
Attachment 2
Attachment 2
Item: 12
202
Attachment 2
Attachment 2
Item: 12
203
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
Have not
8. What City sponsored
workshops or seminars have you
attended?
None as of yet
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
Yes I currently serve on my HOA Board as VP, I am Chair for my Social Committee, I am in Toastmasters, LLC
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
I am VP for my HOA Board here in Lake Forest and I am Chair for the Social Committee for Lake Forest community
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
I know Benjamin Yu
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
NO
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No
14. What does the term
“legislative body” mean to you?
The Governing authority or body that governs the city.
15. The Brown Act – in your own
words – what does it mean to
you?
To hold meetings in open forum for other members of the community to attend and voice any concerns they may have and to have certain business discussed in the presence of the community.
Attachment 2
Attachment 2
Item: 12
204
Attachment 2
Attachment 2
Item: 12
205
Attachment 2
Attachment 2
Item: 12
206
Attachment 2
Attachment 2
Item: 12
207
Attachment 2
Attachment 2
Item: 12
208
Attachment 2
Attachment 2
Item: 12
209
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
I am not sure the total number of meetings that I have attended in the past, but I consistently attended via Zoom Council meetings for the past several years.
8. What City sponsored
workshops or seminars have you
attended?
N/A
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
Yes. I have served as a Director for the LF2 Master Association Homeowner's Association Board from 2019-2021. I currently serve as a board member for the Lake Forest Little League. In my capacity as the Cubmaster of Pack 765, I sit on the parental advisory committee for Pack 765 and a member of the Scouting is Fun Foundation. In a professional capacity I have served as the Executive Secretary for the City of Lake Elsinore's Planning Commission, 2018-2022 and I currently serve as the Executive Officer of the County of Orange's Planning Commission. I serve professionally, in a support and advisory capacity to the Coto de Caza Planning Advisory Committee, Foothill Trabuco Specific Plan Review Board, Orange Park Acres Advisory Committee and the North Tustin Advisory Committee. I serve on the Center for Demographic Research Management Oversight Board. I am a member of the American Planning Association and the American Institute of Certified Planners.
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
My family and I are parishioners of Santiago de Compostella. My oldest two children attend La Madera where I have volunteered in the past in several general roles. My youngest child attends Abiding Saivor's Preschool where I volunteer in a support capacity for various events. I volunteer with Cub Scouts Pack 765, located in Lake Forest where I serve as the Cubmaster. As Cubmaster I plan and coordinate Scouting activities including rank advancement, hikes, overnight camping and other events that help the Scouts progress to joining boy scouts. In addition I help lead multiple days of service throughout the year, that include clean up and beautification events at La Madera, Rancho Canada and Santiago and also flag placement and removal during Memorial and Veterans Day at El Toro Memorial Park. I have managed teams in both the spring and fall seasons in the Lake Forest Little League. I currently serve as the Single A Division Commissioner and the Angel's Day Coordinator the league. In the past I served as a Director for the LF2 Master Homeowner's association where I served on the Budget Committee. I have also volunteered with AYSO as a Team Parent and assistant coach.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
No.
Attachment 2
Attachment 2
Item: 12
210
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
No.
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No.
14. What does the term
“legislative body” mean to you?
A legislative body is an elected or appointed body that serves to execute certain delegated responsibilities as defined in the State of California Governmental Code, City of Lake Forest Municipal code or as other legally required to. Typically, appointed bodies will adjudicate entitlements, while elected bodies will adjudicate quasi legislative actions. In either case legislative bodies are supported by professional staff that evaluate proposals and make recommendations consistent with applicable policies and legal compliance.
15. The Brown Act – in your own
words – what does it mean to
you?
The Brown Act is a series of open meeting laws that are designed to engender a transparent equitable public meeting process. The spirit and intent are to make decisions made in public done so under equal terms to all parties, including members of the public. Adequate notification and disclosures help to facilitate this and ensure the public knows what is occurring and when and side conversations which might impact the decision-making process are avoided.
16. What do you hope to
accomplish during your time of
service as a Planning
Commissioner?
My family has elected to make the City of Lake Forest our home. As such my hope while serving would be to help steer the Community towards responsible development and redevelopment. Responsible development to me means a win for the Community (new housing, commercial services options, or job creation without unmitigated significant impacts), the City (creating adequate infrastructure to serve development, funding mechanisms to ensure development pays its own way and fulfillment of General Plan goals and objectives) and the Developer (predominately fiscal in nature). When responsible development can be achieved communities can fairly grow and become more sustainable over time. So as far as accomplishments, my goal would be leveraging my educational and professional experience to help ensure that the entitlement processes accomplish the stated goal of a three-party win. Additionally, I hope to provide useful service to the Council and Community.
Attachment 2
Attachment 2
Item: 12
211
Attachment 2
Attachment 2
Item: 12
212
JUSTIN CHRISTENSEN KIRK , AICP
LAKE FOREST, CA 92630 | |
EDUCATION
Sonoma State University
1801 East Cotati Ave Rohnert Park, CA 94928
Bachelor of Art; Environmental Studies and Planning – City Planning - 2005
Brandman University
16355 Laguna Canyon Rd 1st Floor, Irvine, CA 92618
Master of Art; Public Administration – Organizational Leadership – 2015
PROFESSIONAL PROFILE
Professional City Planner with over 1 7 years of municipal experience inclusive of residential subdivisions, industrial parks, commercial centers, and master plan development.
EXPERIENCE
County of Orange, OC Public Works
Planning Division Manager 01/2022-Current
Oversee Planning and Neighborhood Preservation Divisions, leading all land use entitlements, project development and Code Enforcement activity in the unincorporated communities of the County. Serve as the Executive Officer of the Planning Commission and the Development Process Review Committee. Represent the County on various technical advisory committees related to regional planning activities. Monitor, review, and report on State legislative changes that impact the County.
City of Lake Elsinore
Assistant Community Development Director 07/2018-01/2022 Principal Planner 01/2016-07/2018
Senior Planner 07/2014-01/2016
Oversaw Building, Code Enforcement, Economic Development, Fire and Planning Divisions. Serve d as the Executive Secretary of the Planning Commission. Provide technical and administrative support to all divisions within the department and within the City at large. Served as a project manager for the most complex and difficult land use entitlements. Coordinated all long-range planning efforts, including General Plan Amendments, Municipal Code Amendments, and Master Plans.
City of San Juan Capistrano
Senior Management Analyst 2010-2014
Associate Planner 2008-2010
Associate Planner 2006-2008
Planning Technician 2005-2006
AFFILIATIONS
• American Planning Association (APA), Member 2004-Current • American Institute Certified Planner, Certified Planner 2020-Current • APA - California Chapter Legislative Review Team, Member 2022-Current • Cub Scout Pack 765 Lake Forest, Cubmaster & Den Leader 2019-Current • Lake Forest Little League, Team Manager 2018-Current • Lake Forest Little League, Board Member 2021-Current • Knights of Columbus, Third Degree Member 1999-Current • Lake Forest II HOA Board Member 2019-2021
Attachment 2
Attachment 2
Item: 12
213
Attachment 2
Attachment 2
Item: 12
214
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
Prior to being appointed to the Planning Commission, I spoke to the council regarding alcohol license PCNs.
8. What City sponsored
workshops or seminars have you
attended?
I attended a workshop related to the city general plan as part of my work on the Planning Commission.
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
I served as a vice president of the El Toro High School Band Boosters for one year and as the President for two years. I have served as a board member and treasurer of the Lake Forest II Master Home Owners Association for more than 16 years.
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
I have participated in a number of community service projects through the Boy Scouts and my church. For several years, I rendered service to the community as a Red Cross trained emergency communications team member. I also completed training in damage assessment and First Aid.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
I serve with Jim Richert and Jolene Fuentes on the Lake Forest II Master HOA board. I do not have any social or business relationships with any council or commission member.
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
I have supported the campaigns of Neeki Moatazedi and Mark Tettemer.
Previously, I have supported Scott Voigts.
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No
14. What does the term
“legislative body” mean to you?
"Legislative Body" is a term that describes a group of elected or appointed officials that carry out the people's business by creating legislation, carrying out public hearings and voting on proposed actions that directly affect the citizens of the community. These legislative actions or votes are done in public so citizens can see and hear how their legislators are voting on each issue. Public hearings are essential to keep the public involved in the legislative process.
Attachment 2
Attachment 2
Item: 12
215
15. The Brown Act – in your own
words – what does it mean to
you?
The Brown Act is part of California State Law to preserve transparency in the operation of commissions and councils. Compliance with the Brown Act requires that elected and appointed officials are not allowed to discuss agenda items outside of the public meeting where they vote on a particular issue. The Brown Act requires that discussions outside of the public meeting be strictly limited. This prevents secret arrangements by a majority of the members of a council or commission in advance of voting on a particular matter. I fully support the standards required by the Brown Act and take great care to follow the law precisely.
16. What do you hope to
accomplish during your time of
service as a Planning
Commissioner?
My goal is to maintain the reputation and attractiveness of Lake Forest as a premier location to live and work in Orange County. The city leadership has done a great job of providing amenities and and services that attract families and businesses to the city. I want to maintain a balance going into the future of residential, commercial, manufacturing and recreational projects that bring value and beauty to the city. Maintaining reasonable traffic flow and truck traffic is a concern to me as we see more large warehouse and fulfillment operations enter the city. The impact of the changes in business demographics needs to be carefully studied and appropriate changes to the city code put in place to mitigate the negative consequence of the change in how industrial properties are being used.
Redevelopment of older areas is a growing concern that needs to be addressed as the city matures.
17. What prompted you to apply
for appointment to the Planning
Commission?
I have really enjoyed my time working on the Planning Commission with my fellow commissioners and our really fine staff. The experience has given me the chance to see the inner working of the city government. I have learned so much from listening to the people that come before the commission with their projects. The City of Lake Forest has been a great place for me to raise my family and I have felt safe and comfortable as I move around the city. My goal is to encourage the development of attractive neighborhoods and thriving businesses that create financial stability in the city. It is important that we work with the State of California to maintain reasonable housing standards and protect residential neighborhoods and apartment complexes from overcrowding and parking problems.
Attachment 2
Attachment 2
Item: 12
216
Attachment 2
Attachment 2
Item: 12
217
THOMAS H. LUDDEN
Lake Forest,
CA 92630
ABOUT ME
I have lived in Lake Forest with my family for over 40 years. My wife and I have 6 children. Two of my children and their families also live in Lake Forest. During the time I have lived in the city, I have participated in a number of public service activities. For 2 years, I was the President of the El Toro High School Music Boosters. Before that, I served as a Vice President of the group. For over 16 years, I have served on the Board of Directors for the Lake Forest II Master Homeowners Association. For 15 of those years, I served as the Treasurer of the Association. In addition to these activities, I have provided public service as an amateur radio operator for the Boy Scouts of America during the Scouting For Food Drive among other activities. I have received Red Cross training in Emergency Preparedness and disaster services.
For the past 6 years, I have served on the Planning Commission for the City of Lake Forest. For 1 year, I served as the Chair of the Commission.
VOCATIONAL INFORMATION
For the first 20 years of my career, I worked in the electronic semiconductor and circuit board testing business. I focused on the development, sales and support of automated test equipment used to test semiconductors, microprocessors and circuit boards.
When the majority of the semiconductor and electronic manufacturing moved overseas, I moved into the medical equipment market and worked on the development, certification and sale of medical electronic equipment. During this time, I became president of a company that manufactured electronic products that were used in hospitals and nursing homes. This business did well until Medicare significantly reduced the reimbursement to hospitals for purchasing the equipment and the market collapsed for a period of time.
Following the Medicare restructuring, I worked in the construction industry managing construction projects for new restaurants. I managed the construction of over 30 restaurants for various restaurant owners. I owned my own company during this time and managed projects that ranged in size from small tenant improvements to large muti-million dollar high end restaurants. My projects were spread across the western United States from Utah, to Arizona, to Nevada and all over California. During my time in the construction industry, I took restaurant projects from the property acquisition stage to the restaurant opening. I coordinated permit process, the installation of the kitchen equipment, point of sale systems, entertainment systems and the other items required to properly equip a restaurant.
For the last 15 years, I have done product engineering for a medical company that was recently acquired by Agiliti Health. The company came to me and asked me to work with them. My focus is on the development of new medical products and manufacturing processes. I review new product proposals for companies that wish to use our contract manufacturing capabilities to make their products.
EDUCATION
Bachelor of Science/Industrial Technology
California State University at Long Beach
Attachment 2
Attachment 2
Item: 12
218
Attachment 2
Attachment 2
Item: 12
219
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
Yes, in various Cities for various reasons, mostly development related
8. What City sponsored
workshops or seminars have you
attended?
N/A
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
Yes, I have been either the President or VP of the Lake Forest Keys HOA for about 14 years. President the last 8. I was also Chairman of the Board of Examiners in Long Beach for 8 of my 10 years on the Board. I was Chairman for the Salvation Army of Long Beach for 4 years, a Board member of the Boys & Girls Clubs of Long Beach and a Board member for the Pacific Hospital Foundation. Additionally, I was Scoutmaster of Troop 65 in Long Beach for 11 years.
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
Before Lake Forest was Lake Forest, I was Project Manager for Shapell Industries, aka S& S Construction, which built numerous tracts in the area.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
No
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
No
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No
14. What does the term
“legislative body” mean to you?
Legislative body is the governing body who makes the rules and regulations necessary for the orderly functioning of society, whether on the federal, state, or local level.
Attachment 2
Attachment 2
Item: 12
220
Attachment 2
Attachment 2
Item: 12
221
Attachment 2
Attachment 2
Item: 12
222
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
I Started getting involved in 2020. I attended several in-person (about 5) and many online broadcast during COVID. The major topics were varied. I have never spoken about any topics. I was an observer gathering information and insight.
8. What City sponsored
workshops or seminars have you
attended?
Not yet
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
no
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
Over 10 years involved in the Boy Scouts (my son is an eagle scout), coached baseball and softball, volunteered as a soccer referee, participated in local church youth education, participated in my master association neighbor watch and rep program. Attended several monthly board meetings.
I am also a member (over 20 years), and past president of the Orange County Section of Society Of Women Engineers. We provided STEM and engineering support to fellow engineers in the community, including aerospace badge day for Girl Scout troops.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
no
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
no
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
no
14. What does the term
“legislative body” mean to you?
Being the chief governing body of a city which has legislative powers.
Representing the people of the city, not my own agenda.
15. The Brown Act – in your own
words – what does it mean to
you?
To aid in the conduct of the people’s business.To take actions to be taken openly and that any deliberations be conducted openly. To be accountable for my actions. Following the rules of law.
Attachment 2
Attachment 2
Item: 12
223
Attachment 2
Attachment 2
Item: 12
224
SHELLEY MERRIMAN
| | www.linkedin.com/in/shelleymerriman
TECHNICAL PROJECT MANAGER
Highly accomplished and technical CONTINUOUS IMPROVEMENT/TECHNICAL PROJECT MANAGER with a proactively “get it done” attitude. Demonstrated track record of strong leadership skills in achieving product, process and service improvement to reduce waste, utilizing Lean Methodology tools, organizational change management, problem-solving, analytical and critical thinking skills, through coaching, mentoring, and training. A respected leader and resource specialist, with strong communication skills, negotiating and interpersonal skills.
Promotes team discussions, relationship building, accountability, technical knowledge sharing, continuous learning, and teamwork. Values efficiency, organization, quality professional integrity and attention to details.
KEY COMPETENCIES:
Continuous Process Improvements
Value Stream Mapping (VSM)
Current and Future State Product Roadmap
Lean Product Development (LPD)
Standard Design Development Process (SDDP)
Project Management
Product Lifecycle Management (PLM)
Business Process Management
Risk Mitigation
DFMA / PFMA
Design for Value Engineering / Design for 6 Sigma
Design / Process Validation and Verification
Failure Mode Effect Analysis (FMEA)
High Performance Team (HPT) Trainer / Coach
SharePoint Developer / Architecture
Lean Six Sigma / Kaizen / A3 / DMAIC / PDCA / 5S /
Fishbone / KPI’s / Apollo Root Cause Analysis
Facilitator / Trainer / Presenter / Coach / Mentor
ISO 9000 Internal Auditor
ACCOMPLISHMENTS
Achieved 70% time reduction (300 to 90 hours/week) for technical configuration control board process. As lean project manager, analyzed developed and implemented new priority evaluation process. Lead, designed, and implemented Visual Management (VM) process for Daily Management Meetings operations, resulting in a 30% increase productivity for action item burn down. Utilized QDIP metrics Facilitated cross functional organizational level Kaizen improvement events activities for problem report execution, integration lab efficiency using VM, improving financial performance measures and schedule. Developed First Pass Yield Excel Pivot table, to analyze and resolve manufacturing and compliance issues (CAPA) for non-conformances product lines. Resulting in 75% (400 hours/month) process time reduction. Increased productivity 50% by developing standard process workflow requirements and procedures for customer / supplier deliverables, using MS Access and SharePoint team collaboration sites,
PROFESSIONAL EXPERIENCE
AERO LEAN SOLUTIONS, Orange County, CA August 2017 – Present LEAN SR. Engineer Manager, Continuous Improvement
Facilitated inventory management evaluation and process improvement for procurement optimization of supply chain process. Developed naming process and Standard Operating Procedures (SOP) 50% reduction of inventory database, 40% improved inventory quality, and 30% TAKT reduction. Developed project plan and process mapping. Implemented a Lean change management culture to enable knowledge transfer. Develop training documentation materials (work instructions) to train employees.
PARKER HANNIFIN – CONTROL SYSTEMS DIVISION, Irvine, CA December 1995 – October 2016 Project Engineer-Engineering Lean Product Development, 2008 – 2016 Championed, lead and implemented lean continuous process improvement initiatives, using lean engineering methods and project management skills and tools (Risk analysis, Project Plans, Kaizen, cause and effect, problem solving, etc.) to optimize/improve manufacturing and design processes, eliminating waste, achieving company, customer and product reliability and cost objectives. Created project plan, requirements, products specifications for inter-organizational and external customer SharePoint collaboration team-environment sites. Utilized process flow, internal requirement submittals tracking, and visual indicators, for critical path technical issues resolution and problem report burn down.
Attachment 2
Attachment 2
Item: 12
225
SHELLEY MERRIMAN
Created, managed and prioritized strategic standard design and development process requirements for product lifecycle management. Created workflow process documentation review, approval and release process for standardization and sustainability for customers and suppliers. Utilized roles and responsibility matrices for cross functional team accountability.
Collaborated in the corporate, group, divisional, and external partners product strategy planning.
Implemented SharePoint sites, LPD, VSM, SDDP, HPT, and Enovia 3D PDF business process standards. Technical support for all levels of the organization (e.g., supply chain, engineering, designers, manufacturing, quality, finance) to improve business processes by developing standard operating procedure.
Developed standard operating procedure requirements for the Data Acquisition Test Console equipment. Created and published cost reduction tips for technical design, office productivity and efficiency. Member of the Environmental Health and Safety (EHS) and Quality audit team, supporting clean room, shipping, manufacturing, assembly and test areas.
Sr. Design Engineer, 1998 – 2008
Integrity Program Project Manager on F-35 hardware / software, safety and mission critical requirements Defined data management lifecycle for cross functional business units. Implemented roles and responsibilities matrix for process flow optimization approval. Planned, budgeted, tracked earned value maintained cost and schedules as Cost Account Manager. Project Lead for Lockheed Martin Functional Configuration Audit (FCA). Received Spotlight Award for outstanding customer experience. Data Manager and member of Joint Configuration Control Board (JCCB) Developed, managed and performed complex QUAL testing, Test Failure Analyses protocols to qualify and validate design/re-design processes, manufacturing processes, assembly and test processes. Oversaw and coordinate engineer, test technician, manufacturing, and assembler tasks. Writing special instruction work orders to conducting testing.
Completed QTR’s and submitted in electronic format (pdf) to meet customer requirements. Participated in Engineering College Recruiter and public relations for the Parker Aerospace Group.
Support Engineer, 1995 – 1998
Engineering design support for qualification testing, manufacturing, assembly and test production. Performed preliminary design stress analyses for follow through MRB support.
EDUCATION
Bachelor of Science, Mechanical Engineering – Technology, California State Polytechnic University, Pomona,
PROFESSIONAL TRAINING / CERTIFICATION / DEVELOPMENT
Project Management, six sigma lean greenbelt, Effective Presentation Skills, Design for Manufacturing & Assembly-DFMA, Process for Manufacturing and Assembly-PFMA, Cost Account Manager (EVMS), Configuration Management, Continuous Improvement, Lean Bootcamp I, II, III, SPC, Lean for Manufacturing, 10-Step Problem Solving, Apollo Root Cause Analysis “train-the-trainer”.
SOFTWARE EXPERTISE
Advanced: MS Office Suite (Word, Excel, PowerPoint, Access), Project, Visio, SharePoint, Adobe Acrobat Pro Proficient: TK Solver, Lotus Notes, Visual Basic
Knowledgeable: CATIA (CAD), DOORS, MKS, MatrixOne, Minitab, Enovia,
PROGRAMMING
SharePoint Team sites; MS Access databases; Lotus Notes Web services page development and administration
AFFILIATIONS
Society of Women Engineers (SWE) Orange County
Section President (FY10), Vice President (FY09), Section Representative (FY03 –FY07) (8 officers, 30 committee chairs and 150 members) between national, regional and local SWE organization.
Presenter at SWE National Conference, UCI Student week, SWE-OC and ASME-OC membership meetings.
Keynote speaker at UCI SWE industry networking event. Girl Scout Engineer Day facilitator.
Attachment 2
Attachment 2
Item: 12
226
Attachment 2
Attachment 2
Item: 12
227
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
N/A
8. What City sponsored
workshops or seminars have you
attended?
None
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
No
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
No, but I would love to be more involved with the community
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
No
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
No
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No
14. What does the term
“legislative body” mean to you?
It's how our House and Senate works to pass laws or decide on how to spend money in the Government
15. The Brown Act – in your own
words – what does it mean to
you?
It means the public can and should attend meetings held by City Governments.
Attachment 2
Attachment 2
Item: 12
228
Attachment 2
Attachment 2
Item: 12
229
Anthony J. Montoya
Objective To bring my experience and skills to a company needing someone to take ownership of the current role being offered.
Experience May 2020 – October 2022 GKN Aerospace Garden Grove, CA Accounts Receivables/Accounts Payable Specialist
• Accounts Payable/Accounts Receivables Specialist for two companies of GKN. TAS and Garden Grove.
• Processed the cash receipts, contacted customers for payment, prepare daily past due aging file. • Uploaded invoices into customer portals, ex WAWF, Palero, AirSupply, Exostar • Matched invoices with Purchase Orders and Receiver Reports and entered in the system. • Contacted the Purchasing Manager for any discrepancies. • Processed weekly AP check run.
• Assist with the Month End closing process, creating Journal Entries, processing Entries, finalizing the Accounts Receivables numbers for the upload into OneStream for cor porate review.
• Set up new vendors, processed 1099 and W9. Maintained Vendor Records with any changes, such as address, banking and/or contacts. Requested tax relevant information, such as if a vendor is tax exempt or is shipping product from different locations. • Created Invoicing report using Pivot Tables and Vlookups. • Mailed/Emailed statements to the customer’s monthly.
• Worked with the Commercial (Sales) department for any invoice discrepancies and other issues that may arise, such as returns, debit notes, credit notes and deduction claims made by the customer.
• Worked closely with Finance Director with audits or special projects as assigned.
January 2020 – May 2020 Cleatech LLC Orange, CA Accounts Receivables/Accounts Payable Specialist
• Accounts Payable/Accounts Receivables Specialist for two companies of Cleatech. Cleatech & Global Lab Supply.
• Processed the cash receipts, and deposits for the company. Also entered invoices for payment purposes. Processed credit card payments as well.
• Contacted customers for payment of past due invoices. • Worked closely with the Owner and CEO of the company to assure things are being done correctly and accurately.
April 2017 – August 2019 Norwich Aero/Esterline Advanced Sensors Buena Park, CA Accounts Receivables/Accounts Payable Specialist
• Accounts Payable/Accounts Receivables Specialist for two companies of Esterline. Esterline Advanced Sensors Services (Repair) & Norwich Aero Products (Manufacturing). • Processed the billing between Max Software to GP Dynamics. Ran the reports to be assured the proper amounts were billed, shipping and bill to address, as well as any other verbiage necessary.
• Identified and resolved any issues that may arise, gather supporting documentation such as the Purchase Order, Shipping Docs, Scrap Certificates, and Packing lists if necessary. • Work with IT or other departments such as sales and /or customer service to resolve and adjust billing issues.
• Applying Checks, Wires and EDI payments to the proper accounts. Create debit memos for deductions, apply discounts if necessary. This was done daily for both companies. Contacted customers for payment via phone and email communication.
Attachment 2
Attachment 2
Item: 12
230
• Provided proof of delivery if necessary to speed up payment, uploaded invoices to the customers’ portal, such as GE, Honeywell, Eaton and Siemens. • Collected trade/bank references for customers wishing to have terms with the company. Also processed a DNB report for the Controller to review.
• Paid vendor invoices on a weekly basis. Which included 3 way matching of invoices (PO, Invoice & Receiver). Sorted and uploaded the actual checks to Wells Fargo using Safe Transmission. Mailed out the checks to the appropriate vendors upon completion. • Processed, reviewed and approved employee expense reports for weekly payment as well. • Month end duties. Entered Journal Entries every month, between 70-100 entries. Helped work on the Financial Pack for management, which included the forecast for the month, amount of sales, and the AR balance including reasons why some accounts were past due. • Assisted with other duties as assigned by the Controller, such as the physical inventory, cataloging and sending files to the archives. Working closely with other departments such as Shipping, Purchasing and Sales to help the Finance department run smoothly.
November 2016 – April 2017 Butler America Buena Park, CA Accounts Receivables Specialist
• Started an assignment with Norwich Aero/Esterline working on a clean-up project to apply 3.4 million to an account, that hadn’t had cash applied to it since January 2016. Finished the project in about a month, then was assigned other accounts to work on as well. Af ter that clean up was completed, I was assigned the AR account for Norwich Aero. • In February 2017 I took the A/P duties from someone that left the company. I worked on both A/R and A/P for two companies of Esterline.
• In April 2017, I was hired on permanently as the A/R & A/P Specialist for Norwich Aero and Esterline Sensors Services America.
July 2015 – November 2016 Various Temp Agencies Orange County, CA Credit and Collections/Credit Analyst
• Working on a temporary assignment with Advantix in the Irvine area. A/R Specialist, collect on accounts that are past due. Make payment arrangements, submit credits for approval. • Previously working on an assignment in A/R Credit. View accounts for credit limit increases, process annual reports. Apply payments, use DNB and other sources to properly determine credit. Other duties as assigned. Vincent Benjamin Temp Agency • Performed a short term clean up A/R/Collections effort to help bring the company current on their Aging. This was for a manufacturing company. Stephen James Temp Agency December 2010 – January 2014 Horiba Instruments International Irvine, CA Credit and Collections I
• Made credit determinations and maintained customer accounts for Horiba Jobin Yvon, a division of Horiba Instruments located in New Jersey. Credit decisions are based on DNB reports, customer financial statements, credit and trade references, and web searches. • Only one account was sent to an outside collection agency during my time with Horiba, everything was successfully collected by myself, including the balance owed on the Solyndra account, two months before they filed for bankruptcy. The amount due was over $100k. • Create credit memos, authorize offsets on customers account, request sales tax exemption certificates from the customers, and authorize the removal of tax from the customer’s invoices if necessary.
• Run Month End, Quarter End, and Year end reports for the intercompany transactions of all of the companies worldwide. This includes running the report on weekends, or whenever the end of the month happens to fall on.
February 2010 – October 2010 Media Nation LLC Tustin, CA Accounts Receivables Specialist
• Previously worked for Media Nation USA, an outdoor media advertisement company. Duties are as follows; apply checks to the customer’s accounts in Quick Books. Collect on past due invoices that are 30, 60, 90+ days past due. Recommend which accounts should be forwarded t o third party collections. Invoice customers; make sure all information is correct with Sales before billing. Place accounts on hold, maintain aging, assist controller with any duties assigned.
Attachment 2
Attachment 2
Item: 12
231
• Create credit and debit memos, deliver checks to bank for deposit.
May 2007 – February 2009 Newport Adhesives Irvine, CA AR / Collections
• Worked for Newport Adhesives and Composites manufacturer in Irvine California. Collecting on past due accounts, applying the daily cash deposits, issuing credit memos, creating new accounts, establishing credit limits, running DNB reports, invoice customers, CC payments. • Previously assigned by Kforce in May 2007, was hired on by the company on July 5, 2007. • Negotiate terms with customers to release material that is needed. Determine whether customers are to be place on CIA status. Propose payment plans if a customer is unable to pay the entire amount of the invoice that is due. Meet with customers to negotiate payments. • Determine new accounts based on DNB score and DNB recommendation. Submit customers for credit insurance, contact customer’s references.
• Prepare letters of credit for CFO approval. Worked very closely with Customer Service and Shipping for any and all customers questions.
June 2003 – December 2006 Various Temp Agencies Orange County, CA Accounts Receivables / Credit & Collections
• Worked with Remx Financial assigned to Linksys Computers working on MDF issues and returns. • Assigned with Accounting Principals, working for Gateway Computers in Irvine California. Been on assignment with Gateway since September 2005. Assignment ended on May 5, 2006. Worked as the A/R Supervisor. Functions included weekly report running as well as Month End Reporting of receivables for the company. Worked on major accounts such as Best Buy, Wal-Mart, Comp USA, and SED. Collect money on past due accounts, reconciled the pre-pay accounts, and worked very closely with Sales to help maintain customer balances. Assisted my team members with any special projects that may have occurred. Assigned work to my group accordingly and helped to maintain a healthy work environment. Also worked on MDF credits for the above major companies. •
Worked at Lantronix Inc. in Irvine California, as the Sr. Accounts Receivables / Collections person. In charge of accounts from A-M, call on accounts past due, process checks, Credit Cards, and Wire Transfers for Payment. Process Credit and Debit Memos, handle special projects from the Controller or other departments. Release orders from credit hold as needed. • Worked with Gric Communications through Ajilon Finance, as the A/R Billing Priority contact for all customers. Various issues handled.
• Various short term assignments as assigned by various agencies.
April 2002 – January 2003 Western Digital Corporation Lake Forest, CA Accounts Receivables / Credit and Collections
• Download reports from Oracle, into the Vista Plus system. Clean up the reports, and email the reports to the appropriate Credit Manager.
• Maintain direct constant contact either through email or phone to customers on any accounts past due for over 30, 60, 90+ days. Collect on any balance that is over 30, 60, 90+ days past. • Research RMA's and provide Proof of Deliveries to customers as needed, balance the credit or debit balances to attempt to close out the RMA.
• Worked closely with the RMA, finance, payables, and out of state locations within the c ompany to ensure proper collection of accounts.
• Succeeded in collecting $125,000+ from customer which was 2 years past due.
July 1999 – February 2002 Rockwell Collins Inc. Irvine, CA Accounts Receivables / Billing Coordinator
• Performed daily tasks such as Receivables Interface, Invoicing, running Sales Journals by Customer, and printing out Invoices to send to the customers. Performed month end tasks using the 5-4-5 formulas. Used both Oracle Release 11, and SAP 4.6 software. Generat ed Invoices on a daily basis.
Attachment 2
Attachment 2
Item: 12
232
Education 2005 Capistrano – Laguna Beach ROP San Juan Capistrano, CA • Successfully completed IT Essentials I on June 2005, which helped me acquire skills in Computer Repair, Computer Upgrades, and OS Upgrades, as well as installation • Successfully completed IT Essentials II in August 2005.
Skills
• 60 WPM, 10 Key by Touch
• Microsoft Excel, Microsoft Word, Windows XP, Windows NT • Oracle 11i, SAP 4.6, MAS 200, Quickbooks, ASI, Quantum • Email: Microsoft Exchange, Outlook Express 6, and Internet Explorer, Google Chrome • Basic office functions, Multi Tasking, Quick Learner, and a Team Player.
Attachment 2
Attachment 2
Item: 12
233
Attachment 2
Attachment 2
Item: 12
234
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
I've attended one council meeting, where I was presented with a certificate of completion for the Lake Forest CERT program.
8. What City sponsored
workshops or seminars have you
attended?
I have attended and successfully graduated from Lake Forest's Community Emergency Response Team program.
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
I have served as a committee member and board member of multiple industry and non-profit organizations, including two years as the Vice President of the El Toro High School Instrumental Music & Pageantry Board and one year as Vice President and two years as President of an organization focused on meeting the needs of single parents in South Orange County. I also served as a committee member of the Association of Marketing Service Providers for eight years.
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
As a part of my role as the Vice President of the El Toro High School Instrumental Music & Pageantry Board, I led our initiative to develop and launch the Prelude in the Park Concert in 2008. In association with the city, the annual concert featured student musicians from El Toro High School which served a key role in connecting community members with the city's only high school. Its successful planning and execution, as well as its popularity with the residents, laid the groundwork for an event that continued to be held through 2018.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
I have been introduced to Scott Voigts through a friend and have had short discussions with him on a few occasions over the last 10+ years.
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
No.
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No.
14. What does the term
“legislative body” mean to you?
Legislative body means the governing body of a legislative area (e.g., city, state, county) which has the authority to develop, pass, and administer laws, regulations, etc. which representing the will of its constituency.
Attachment 2
Attachment 2
Item: 12
235
Attachment 2
Attachment 2
Item: 12
236
Michael D. Stannard
Business Owner | Organizational Leader | Client Relationship Executive | | Lake Forest, CA
PROFESSIONA
L PROFILE
Multi-faceted business leader with a proven history of increasing revenue through customer acquisition, growth and retention. Experienced in all aspects of business management, with a history of organizational growth and performance excellence. Developed successful, award-winning strategies with exceptional results for companies ranging from start-ups to Global 500’s with an emphasis on technology companies.
Desire a leadership position that affords the opportunity to utilize my experience and diverse set of skills to attain new levels of success for the organization, it’s customer and employees, as well as my continued professional development & advancement.
SELECTED ACCOMPLISHMENTS
Strong Organizational Fiscal/Turnaround Management:
• Returned marketing company to profitability and increased revenues after the crash of the tech-sector and the 2008 recession – each event had resulted in a 50% loss of revenue. • After becoming COO of a 39-year old hotel, increased room revenue 12%, reduced expenses 5%, increased guest ratings 25%, and improved property star rating from 2.5 to 3.5.
Proven Client Growth and Development:
• Grew LG Electronics annual agency revenue by 25x and expanded services from distribution only to include creative development, marketing research, technology solutions and other key service offerings. • Authored the RFP and led the pitch team for the Southern California Edison account that secured a $5,000,000 contract & two subsequent three-year terms – the latest at a 60% increase – up to $8,000,000. • Developed Gateway Computers from $10,000 one-time project to over $5,000,000 in annual revenues.
Successful Marketing Strategic Development:
• Designed and implemented B2B lead generation marketing campaigns for large computer manufacturer.
Efforts resulted in increased quantity and quality of leads produced and 50% increase in revenue. • D eveloped lead generation initiative for a Virtual Desktop Service for a Global 500 company resulting in 30% appointment setting rate over pilot forecast.
• Launched one-to-one lead generation program for digital media content management and distribution provider to the broadcast industry. Generated 5% response rate and over $5,000,000 in revenue. • Established dealer channel program resulting in a 50% response rate & sales increase of 15%. • Strategized employee incentive program for major airline generating over $10,000,000 in annual revenue.
KEY SKILLSETS
Organizational Management Sales & Marketing Integration Strategies
Marketing Research & Analytics
Client Relationship
Management
Revenue Growth Strategies
IT Solutions Implementation
Online Marketing Initiatives
Web Application Development
RFP Response Writing &
Pitch Development
Ecommerce Optimization Warehousing & Distribution
Contract Negotiation Finance & Human Resources And more…
INDUSTRY EXPERIENCE
High-Tech Consumer Electronics Public Utility
Finance/Insurance Consumer Packaged Goods Manufacturing Non-Profit Retail Travel & Leisure
Nutraceuticals Healthcare & Medical Device And others… Attachment 2
Attachment 2
Item: 12
237
CAREER HISTORY
Ideation Marketing Group, LLC
President & CEO Aug. 2017 - Present
• Launched hybrid digital and traditional marketing organization focused on assisting companies and non- profit organizations drive new customer/donors, retain current customers, and increase brand awareness. • Built a team of marketing professionals focused on helping businesses establish, grow, and optimize their marketing efforts.
• Developed and executed over ten successful product launches from concept through delivery. • Identified and pursued business opportunities to acquire new clients, growing revenue by over 700% over five years.
Specialized Marketing Services Inc., Irvine, CA
President & Chief Operating Officer Oct. 1991 - Aug. 2016
• Played a pivotal role in the organization’s evolution from start-up to over $10,000,000+ in annual revenue.
• Spearheaded the agency’s transition from a direct mail company to an integrated, direct response marketing agency, combining the power of traditional and digital marketing to deliver groundbreaking results. • Responsible for organizational management, client acquisition & growth, internal & client-facing solutions development, marketing strategies and overall business effectiveness. Grew numerous clients annual spend by over 500%.
• Led client acquisition & growth efforts resulting in over $50,000,000 in revenue. • Improved business efficiencies through process implementation, training, technology updates, hiring practices and more.
• Re placing lost revenue after large economic downturns – increased revenues by more than 100%.
The Victorian Inn, Telluride, CO
Chief Operating Officer Jan. 2014 - Aug. 2016
• Strategized and led the turnaround of a 39-year old, 33-room hotel located in the ski resort town of Telluride, CO – resulting in increased revenues (up 15%), profitability (up 20%) and occupancy (up 15%). • Improved overall guest experience and increased positive guest reviews by 25%. • Developed, implemented funded a two-year, $400,000+ refurbishment without taking on any debt and improved Expedia Star Rating of 3.5 from 2.5.
• Implemented property management system leading to 100% reduction in booking fees and increased productivity.
• Launched new website with dynamic content, online booking integration and online marketing initiatives. • Integrated onsite reservation system with online travel agent systems to reduce overbooking issues and streamline payments. Increased speed of payments from Online Travel Agents by 30%.
EDUCATIONAL HISTORY
California State University, Fullerton, CA 1988 - 1992 Business with an emphasis in marketing
Don Bosco Technical Institute, Rosemead, CA 1983 - 1988 3-years high school studies, 2-years college studies
OTHER EXPERIENCE
Active Single Parents of Orange County Grace Community Church of Saddleback Valley President — 2-years Children's Ministry Leader — 11-years
Association of Marketing Service Providers El Toro High School Instrumental Music & Committee Member — 8-years Pageantry Board
Vice President, Administration — 2-years
Attachment 2
Attachment 2
Item: 12
238
ATTACHMENT 4
Attachment 2
Attachment 2
Item: 12
239
Attachment 2
Attachment 2
Item: 12
240
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
I have attended over 9 Traffic and Parking Meetings. The topics have been diverse and starting from signal maintenance, through the implementation of strategies to better address traffic flow in the community of Lake Forest.
8. What City sponsored
workshops or seminars have you
attended?
I have not attended any.
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
I am presently a member of the OC Mosquito and Vector Control District and was appointed to the OC Cemetery District.
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
I have attended Veteran functions and the city's Easter egg hunt.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
I once contributed to Mr. Scott Voigts campaign.
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
I once contributed to Mr. Scott Voigts campaign.
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
None.
14. What does the term
“legislative body” mean to you?
A political institution that holds the legislative power in a state, and often controls the executive power.
15. The Brown Act – in your own
words – what does it mean to
you?
A California law that guarantees the public's right to attend and participate in meetings of local legislative bodies.
Attachment 2
Attachment 2
Item: 12
241
Attachment 2
Attachment 2
Item: 12
242
Attachment 2
Attachment 2
Item: 12
243
Attachment 2
Attachment 2
Item: 12
244
Attachment 2
Attachment 2
Item: 12
245
Attachment 2
Attachment 2
Item: 12
246
Attachment 2
Attachment 2
Item: 12
247
Attachment 2
Attachment 2
Item: 12
248
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
Specific to the development and announcement of the Rotary Club of Greater Lake Forest
8. What City sponsored
workshops or seminars have you
attended?
I have not attended any workshops or seminars. That said, I have interacted directly on projects with the past mayor, and commissioners.
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
I have been affiliated with Rotary International since 2017 specifically with the Rotary Club of Irvine chapter. During that time, I held BOD positions as Membership, Program, and Community Chair. I was also the President in 2021. In 2022, I founded a chapter of Rotary in the Greater Lake Forest community which now includes 27 members. I am currently the President of the Club and the Assistant Governor for two clubs in San Clemente and one in San Juan Capistrano.
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
I have been involved in LFLL, the Clean Lake Forest initiative with Suzy Betz, and Boy Scouts, and I am a member of the LF Chamber of Commerce. Most recently, I founded The Rotary Club of Greater Lake Forest.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
Suzy Betz is a member of The Rotary Club of Greater Lake Forest. I have a relationship through Boy Scouts and little league with Mark Tettemer and family, I have an acquaintance with Scott Voigts, and an association with Benjamin Yu through Rotary. I do not have any blood relationship with anyone in City Council.
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
I have supported Suzy Betz as a fellow Rotarian but not financially.
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
I do not other than what was presented above.
14. What does the term
“legislative body” mean to you?
I believe that a group of individuals has been chosen to represent the general community. This same group has a responsibility to identify the needs of the community with the limitations or regulations set in force through established bylaws. The legislative body is the balance between the two. When in conflict, the legislative body is the persons that are responsible for repealing, communicating, and adjusting the current restrictions to find the needed balance.
Attachment 2
Attachment 2
Item: 12
249
Attachment 2
Attachment 2
Item: 12
250
Attachment 2
Attachment 2
Item: 12
251
Attachment 2
Attachment 2
Item: 12
252
Sr. Client Executive
• Re-engineered, and managed, un-penetrated DIRECTV account. • Efforts resulted in total wireless subscriber gains from zero to 22K specific to field installation team/HSP. • Included Trimble M2M tracking and Intermec/Symbol IoT mobility sales. • Recognized for biggest Western Area win with Ingram Micro International MPLS $15M Total Contract Value. Signed in 2010 with multiple renewals through 2017. • Spearheaded Nestle IoT refrigeration initiative for Dryer Ice Cream division using industrial wireless architecture. • Lead sale of IoT communication services via DataLink to City of Brea Police Department • Represented major corporate initiatives for various Fortune 500 companies. Including Walt Disney Company, Nestle, Hyundai, Carl Karcher Enterprise, Quiksilver, Kaiser, and others.
AXCENT SOLUTIONS, Lake Forest, CA 2001-2003
Axcent Solutions local MSP provides IT infrastructure solutions to organizations across all industries, primarily in the Southern California area. This includes B2B Server-based thin client computing technology, Citrix integration, network security, storage, application deployment, billable hours consultant services and service integration.
Director of Sales
FUJITSU BUSINESS COMMUNICATION SYSTEMS, Irvine, CA 2000 - 2001 Fujitsu is a Japanese information and communication technology (ICT) company, offering a full range of technology products, solutions, and services. They are based in Tokyo, Japan. Sale of PBX, VoIP, CTI, IVR, Wireless Communication, Data Networking to enterprise, healthcare, education, and municipality sectors.
Business Development – Major Accounts
• Spearheaded strategic plan to rejuvenate sale of PBX. • Focus on healthcare, education, and municipality vertical markets. • Recognized for first “new-system” sale in Southern California in 5 years.
RETAIL AND COMMERCIAL LENDING 1980 - 2000
Tenures with the nation’s top banking and consumer lending institutions, and six-year success story operating as Business for Self.
Institutions included Citicorp, Home Savings, Gibraltar MoneyCenters, Royal Thrift & Loan, Equity 123, and Quest Financial Group. Authored and produced “The Mortgage Maze” Fells Publication.
EDUCATION/AFFILIATIONS
Project Planning & Management Certificate – University of Virginia Master of Business Administration, University of Phoenix Bachelor of Science, Business Administration, Marketing, San Diego State University OC Sheriff - Coroner Department – Instructor Correctional Programs Santiago Community College – Instructor Computer Skill
California Department of Insurance License Agent (Life & Health; Property & Casualty) Department of Real Estate Broker License
Department of Business Oversight CFL #2009799
Irvine International Rotary – President 2021
Founder Rotary Club of Greater Lake Forest 2022
Attachment 2
Attachment 2
Item: 12
253
Attachment 2
Attachment 2
Item: 12
254
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
N/A
8. What City sponsored
workshops or seminars have you
attended?
None
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
I have served on the Tree Committed for City of Riverside= this committee focused on the orange groves, protecting them from the psyllid bug and planting on new trees. I currently serve on the Board of Directors for Serrano Summit HOA as Vice President= Board for community I attend meetings, analyze budget reports and responsible to keep community looking good plus various other duties. I also serve as Chair for the Social Committee for Serrano Summit=Planning and organizing events to get the community together. I have a committee of 7 others that I oversee. and I have served on the Board of Directors for Toastmasters International= I served as Secretary= take minutes of all meetings and Directors meetings.
I came up with easier and efficient ways to take the notes.
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
Board of Director for Serrano Summit HOA-Vice President and Chair the Social Committee. I feel community involvement is important and love planning events to get the community to come together.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
I met Benjamin Yu and invited him to our most recent Social Event for the holidays. I love what Benjamin stands for and I stand in agreement with his efforts to make Lake Forest a Great city to live. Even though we are newer to the community when we live in a city we make that city our home and want to be involved in helping make or keep it a great city to live and to creat ways for the community to come together.
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
I endorsed Benjamin Yu when he ran for city council. I told several of my neighbors to vote for him and that he was a good candidate for Lake Forest. I also invited him to our Christmas event, so that neighbors could meet their councilman. Involvement from city officials is important because it makes the community feel officials care about them as individuals when they take the time to attend functions. It also makes people feel political figures are reachable and that's a comfortable feeling.
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No
Attachment 2
Attachment 2
Item: 12
255
Attachment 2
Attachment 2
Item: 12
256
Attachment 2
Attachment 2
Item: 12
257
Attachment 2
Attachment 2
Item: 12
258
Attachment 2
Attachment 2
Item: 12
259
Attachment 2
Attachment 2
Item: 12
260
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
City council meetings once a month, occasional planning commission and community service meetings. Attended all Traffic Commission meetings over 4 years - never missed one!
8. What City sponsored
workshops or seminars have you
attended?
Budget workshops,
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
Chairman, Traffic and Parking Commission, 2019-21. President and Vice President, Lake Forest II HOA - 2017-2022. Founding member of Community Coalition for Lake Forest Incorporation. Founder and president Lake Forest Community Council, 1993-2000. Lake Forest coordinator, No Jets at El Toro.
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
See # 9
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
Have met and communicated with all city council members and most commission members at various meetings and city events.
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
No contributions made to any candidates. Endorsed Ben Yu for city council.
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No
14. What does the term
“legislative body” mean to you?
A group empowered to enact rules or laws of governance in accordance with stated and federal constitutions.
15. The Brown Act – in your own
words – what does it mean to
you?
Agenda topics should not be discussed by phone or email with members of a commission or city council as a member of that body Attachment 2
Attachment 2
Item: 12
261
Attachment 2
Attachment 2
Item: 12
262
James J. Richert
Lake Forest, CA. 92630
___________________________________________________________________________
SENIOR SALES AND OPERATIONS MANAGEMENT
Broad-based experience in positions of increasing responsibility and complexity in both start-up and on- going environments. Responsible for multi-state multi-facility operations. Areas of special competence:
Customer Service Marketing and Sales Promotion
Sales/Business Development Distribution Planning and Logistics Express Service Programs Training Development and Facilitation Inventory Management Project Management
SELECTED CAREER HIGHLIGHTS
Richert Consulting 2011 - current
Independent Consultant
Specialized consulting services for automotive companies in the areas of service and parts sales, operations, training, and customer retention for corporate, region, and dealer personnel:
Developed an express service strategy, implementation plan, and ROI for a major automotive importer, including program requirements, statement of work, and RFP for vendor proposals. Reviewed vendor bids and provided recommendations for vendor selection based on cost, level of service, and strategic growth capabilities. Facilitated dealer implementation training seminars for field personnel. Developed a benchmark study for the implementation of enhanced dealer training, service, and customer satisfaction initiatives with special focus on customer amenities and dealer facilities for premium brands. Developed fixed operations requirements for the launch of a new automotive importer, including facility, personnel, and systems development costs for parts, service, and warranty.
MSX International (Irvine, Ca.) 2003 - 2011
Director, Business Development
Developed and implemented a strategic business plan to establish MSX market share within automotive importers located in Southern California. Achieved sales of over $16 million with automotive clients including Mazda, Suzuki, Hyundai, Kia, Isuzu, Audi, and Toyota.
Developed and implemented a process to improve dealer service sales and customer satisfaction for an automotive importer, resulting in a 22% sales increase and the second largest increase in customer satisfaction of all U.S. automotive companies.
Developed a strategic process-improvement initiative based upon lean management principals for an automotive dealer network, resulting in improved dealer internal communications, a four-point increase in customer satisfaction, a 23% improvement in technician efficiency, and a 7-point increase in customer retention.
Initiated, developed, and successfully implemented several benchmark studies for automotive clients, including Pre-Delivery Inspections, Warranty Labor Rate, and Maintenance Schedule comparisons. Proposed and implemented unique training programs to improve consulting and sales skills for OEM field personnel who consult with dealer executive management.
Attachment 2
Attachment 2
Item: 12
263
Kia Motors America, Inc. (Irvine, Ca.) 1993 – 2002 Vice President – Parts, Consumer Affairs, and Service
As one of the original members of Kia’s executive start-up team, I worked closely with all departments in the development of new systems, procedures, policies, and processes to successfully launch the Kia franchise in the American market. Assumed additional responsibilities to direct both the Consumer Affairs Department in 2000 and the Service Department in 2001 with a combined staff of 189 personnel.
Rated in Top 5 of all U.S. auto companies in Senior Management Effectiveness by the National Automobile Dealers Association (NADA).
Rated in Top 3 of 23 U.S. auto companies in overall Department performance, including parts availability, customer service, and marketing programs (rated best overall). Successfully managed phenomenal sales growth from $6 million in 1994 to $220 million in 2002 through ongoing training of a field staff of 44 district managers and a department staff of 92 people in five facilities, including four distribution centers.
Established marketing programs, facilities, systems, and training programs to support a network of 625 franchised dealers with a customer base of one million owners throughout the United States, including the development of the national Kia dealer web site.
Achieved 97% parts availability for next-day delivery of 50,000 sku’s via the implementation of sophisticated inventory management, distribution, and real-time order fulfillment systems. Implemented a new Kia Customer Assistance Call Center, utilizing Clarify case-management software, to improve customer satisfaction and retention.
Vice President – Automotive Associates 1993
Authorized facilitator for Toyota dealer training – inventory management, merchandising, wholesale parts sales, telephone skills.
Mazda Motor of America, Inc. (Irvine, Ca.) 1973-1992 Director - Ford Project Team
Director - Inventory Management
District Parts and Service Manager
United States Air Force - Honorable Discharge. Air Force Commendation Medal. 1967-1971
EDUCATION/TRAINING
Bachelor of Science Degree, Business Administration, California Coast University - 2000 Associates Degree, Long Beach Community College
Certificate in Manufacturing Excellence – CSU Fullerton - 1996 Miller-Heiman Sales Training – 2007
City of Lake Forest - Leadership Academy
CSU-Long Beach:
Inventory Management, Materials Requirements Planning, Production Control, Capacity Management (American Production and Inventory Control Society - APICS)
ASSOCIATIONS
Chairman, Lake Forest Traffic and Parking Commission – 2019-2021 President and Vice President, Lake Forest II MHA - 2019-current Attachment 2
Attachment 2
Item: 12
264
Attachment 2
Attachment 2
Item: 12
265
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
I haven't attended any meetings yet.
8. What City sponsored
workshops or seminars have you
attended?
I haven't attended any sponsored workshops or seminars.
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
No
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
I work, attend, and sometimes volunteer at, Saddleback Church. This primarily includes the church's website, but we have done a lot of work with the church's various ministries including their PEACE Center which helps at-risk and homeless get services they need. Especially during the pandemic, we were involved with getting information about the church's food drives and other resources out and in front of people as easily as possible.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
I do not have any relationships with anyone on the City Council or other Commissions.
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
I have not.
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
I do not.
14. What does the term
“legislative body” mean to you?
"Legislative body" to me means a group of people, sometimes like-minded, but not always, who, by appointment or election, gather together to uphold, establish, and create the rules and guidelines that a government (local, state, federal) uses and relies on to accomplish the job of governing.
The legislative body, therefore, can have a large impact on a community as they can set the path and tone for what a government can or can't do over the course of a legislative term.
Attachment 2
Attachment 2
Item: 12
266
Attachment 2
Attachment 2
Item: 12
267
Lake Forest, CA 92630
Jesse Segrist
Education
Master of Theological Studies (MAThS), Assemblies of God Theological Seminary, 2014 Master of Applied Anthropology (MA), Macquarie University, Sydney, Australia, 2010 Bachelor of Arts (BA) in Cultural Anthropology (Cum Laude),Vanguard University, 2008 Notable Skills
● Critical thinking and research skills.
● Excellent teamwork and communication.
● Knowledgeable and comfortable working with computers. ● Proficient with Microsoft Word, PowerPoint, Excel, and Outlook. ● Proficient with Adobe InDesign, LiveCycle, and Acrobat Pro. ● Always willing to learn new tasks and skills.
● Good leadership and team management skills.
● Comfortable teaching others.
● Enthusiastic and hard worker.
Current Position and Responsibilities:
Frontend Developer (Saddleback Church): September 2017—Present ● Develop and style webpages for the Saddleback Church website (saddleback.com), using HTML, CSS, JS, C#/Razor, and sometimes ReactJS.
● Manage the website through the CMS system to support in-house and external clients. ● Train and support clients and other co-workers on our systems and tools. ● Learn and utilize new tech and tools when necessary to make sure our projects get done. ● Work with in-house and external APIs to capture, utilize, and present data. ● Sending emails, when needed, to our various subscriber lists (30,000+) Related Work Experience:
Missions Coordinator (Saddleback Church): October 2015—Present ● Edited, created, and formatted new team member and leader training materials. ● Kept up-to-date all printed/non-printed materials (this included PowerPoint presentations, campus maps, and fillable pdf forms).
● Managed the missions team’s vehicles, ensuring all drivers were insured, registration was up to date, and negotiated any repairs needed.
Attachment 2
Attachment 2
Item: 12
268
Word Processor (Assemblies of God World Missions): August 2012—July 2015 ● Performed various office tasks daily, including scanning, printing, Excel data entry, and mail merge.
● Proofed and edited grammar and style in various documents. ● Transcribed emails, letters, and videos for my clients. ● Used graphic design skills to create Adobe InDesign documents and PowerPoint presentations.
Researcher (Assemblies of God National Youth Ministries): Summer 2012 ● Researched the history of the Assemblies of God Fine Arts Festival ● Looked through videos, sound recordings, and decades old articles to research the progression of the Fine Arts Festival
● Produced a 50-page timeline of the Assemblies of God Fine Arts program, for use at their 50th anniversary celebration.
Other Work Experience:
Chapel T ech (Assemblies of God Theological Seminary): January 2012—Jul 2012 Ran sound and PowerPoint for AGTS chapels as well as helped with stage set up and tear down.
Barista (Starbucks): September 2010—December 2011
Customer service and sales.
Enumerator for the 2010 Decennial Census (U.S Census Bureau): April 2010—Jun 2010 Collected data for the U.S. Census Bureau’s questionnaire.
Intern Pastor (Valle Vista Assembly of God): Summer 2006 Group leadership and various office tasks.
Cashier (Harbor Freight T ool Company): Nov 2002—Jul 2004 Worked as a cashier and stocked shelves.
Jr. High Intern (St. Andrew’s Presbyterian): Nov 2005—May 2006 Involved in the organizing and leadership of the Jr. High ministry at St. Andrew’s Presbyterian.
Accomplishments
● Wrote a thesis for both my Applied Anthropology degree and Masters in Theology, each based on my own research and topics.
● Serve on the Board of Directors for Jesus Frees Ministries, a Christian non-profit organization working in Kenya (2006 – Present).
● Traveled and worked in China, India, South Korea, Canada, Mexico, England, and spent a year-and-a-half in Australia.
● I have played the saxophone for 18 years and play drums and bass guitar. Throughout this time, I have played in many different music ensembles and venues. ● My senior year at Vanguard I was elected Jazz Band president. I helped organize and plan trips and events with the director (Dr. Ken Foerch) and other students. ● Taught and led a successful young adult/college group at my home town church.
Attachment 2
Attachment 2
Item: 12
269
ATTACHMENT 3
Attachment 2
Item: 12
270
1 Berglund, Lisa
From: Neves, Keith
Sent: Wednesday, February 15, 2023 1:43 PM
To: Rose, Debra; Berglund, Lisa
Cc: Richardson, Matthew
Subject: FW: Regarding Parking and Traffic Committee
FYI
From: Voigts, Scott <[email protected]>
Sent: Wednesday, February 15, 2023 1:21 PM
To: Neves, Keith <[email protected]>
Subject: Fwd: Regarding Parking and Traffic Committee
Sent from my iPhone
Begin forwarded message:
From: Jesse Segrist
Date: February 15, 2023 at 10:17:09 AM PST
To: "Voigts, Sc
ott" <[email protected]>
Subject: Regarding Parking and Traffic Committee
Dear Council Member Voigts,
I apologize for this letter coming at an inopportune time but, unfortunately, due to something coming up, I realized I will not have the time for serving on the Parking and Traffic Committee, so I hope you will accept my resignation from the committee.
I really
appreciate you choosing me, and would love to continue being involved in the future, so if you have, or know of, any opportunities, please let me know.
Thanks and sincerely,
Jesse Segrist
CAUTION: Think Security! This email is not from someone at the City of Lake Forest. Do not click any links or open any attachments you are not expecting.
Attachment 2
Item: 12
271
ATTACHMENT 4
Attachment 2
Item: 12
272
Lake Forest, California Municipal Code
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.06 BOARDS AND COMMISSIONS—GENERAL PROVISIONS
2.06.070 Vacancies.
In the event a member of any board or commission resigns or dies while in office, the City Council member who appointed that board or commission member shall appoint a successor pursuant to the provisions of this chapter. The successor shall serve for the remaining balance of the term to which his or her predecessor was appointed. (Ord. 304 § 7, 2018; Ord. 165 § 1, 2007) Contact:
City Clerk: 949-461-3420
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.
Attachment 2
Item: 12
273
ATTACHMENT 3
Item: 12
274
Item: 12
275
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
Specific to the development and announcement of the Rotary Club of Greater Lake Forest
8. What City sponsored
workshops or seminars have you
attended?
I have not attended any workshops or seminars. That said, I have interacted directly on projects with the past mayor, and commissioners.
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
I have been affiliated with Rotary International since 2017 specifically with the Rotary Club of Irvine chapter. During that time, I held BOD positions as Membership, Program, and Community Chair. I was also the President in 2021. In 2022, I founded a chapter of Rotary in the Greater Lake Forest community which now includes 27 members. I am currently the President of the Club and the Assistant Governor for two clubs in San Clemente and one in San Juan Capistrano.
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
I have been involved in LFLL, the Clean Lake Forest initiative with Suzy Betz, and Boy Scouts, and I am a member of the LF Chamber of Commerce. Most recently, I founded The Rotary Club of Greater Lake Forest.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
Suzy Betz is a member of The Rotary Club of Greater Lake Forest. I have a relationship through Boy Scouts and little league with Mark Tettemer and family, I have an acquaintance with Scott Voigts, and an association with Benjamin Yu through Rotary. I do not have any blood relationship with anyone in City Council.
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
I have supported Suzy Betz as a fellow Rotarian but not financially.
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
I do not other than what was presented above.
14. What does the term
“legislative body” mean to you?
I believe that a group of individuals has been chosen to represent the general community. This same group has a responsibility to identify the needs of the community with the limitations or regulations set in force through established bylaws. The legislative body is the balance between the two. When in conflict, the legislative body is the persons that are responsible for repealing, communicating, and adjusting the current restrictions to find the needed balance.
Item: 12
276
Item: 12
277
Item: 12
278
Sr. Client Executive
• Re-engineered, and managed, un-penetrated DIRECTV account. • Efforts resulted in total wireless subscriber gains from zero to 22K specific to field installation team/HSP. • Included Trimble M2M tracking and Intermec/Symbol IoT mobility sales. • Recognized for biggest Western Area win with Ingram Micro International MPLS $15M Total Contract Value. Signed in 2010 with multiple renewals through 2017. • Spearheaded Nestle IoT refrigeration initiative for Dryer Ice Cream division using industrial wireless architecture. • Lead sale of IoT communication services via DataLink to City of Brea Police Department • Represented major corporate initiatives for various Fortune 500 companies. Including Walt Disney Company, Nestle, Hyundai, Carl Karcher Enterprise, Quiksilver, Kaiser, and others.
AXCENT SOLUTIONS, Lake Forest, CA 2001-2003
Axcent Solutions local MSP provides IT infrastructure solutions to organizations across all industries, primarily in the Southern California area. This includes B2B Server-based thin client computing technology, Citrix integration, network security, storage, application deployment, billable hours consultant services and service integration.
Director of Sales
FUJITSU BUSINESS COMMUNICATION SYSTEMS, Irvine, CA 2000 - 2001 Fujitsu is a Japanese information and communication technology (ICT) company, offering a full range of technology products, solutions, and services. They are based in Tokyo, Japan. Sale of PBX, VoIP, CTI, IVR, Wireless Communication, Data Networking to enterprise, healthcare, education, and municipality sectors.
Business Development – Major Accounts
• Spearheaded strategic plan to rejuvenate sale of PBX. • Focus on healthcare, education, and municipality vertical markets. • Recognized for first “new-system” sale in Southern California in 5 years.
RETAIL AND COMMERCIAL LENDING 1980 - 2000
Tenures with the nation’s top banking and consumer lending institutions, and six-year success story operating as Business for Self.
Institutions included Citicorp, Home Savings, Gibraltar MoneyCenters, Royal Thrift & Loan, Equity 123, and Quest Financial Group. Authored and produced “The Mortgage Maze” Fells Publication.
EDUCATION/AFFILIATIONS
Project Planning & Management Certificate – University of Virginia Master of Business Administration, University of Phoenix Bachelor of Science, Business Administration, Marketing, San Diego State University OC Sheriff - Coroner Department – Instructor Correctional Programs Santiago Community College – Instructor Computer Skill
California Department of Insurance License Agent (Life & Health; Property & Casualty) Department of Real Estate Broker License
Department of Business Oversight CFL #2009799
Irvine International Rotary – President 2021
Founder Rotary Club of Greater Lake Forest 2022
Item: 12
279
Item: 12
280
7. If you have attended City
Council or Commission Meetings,
how many, and what were the
major topics of discussion, or
topics you have spoken about?
N/A
8. What City sponsored
workshops or seminars have you
attended?
None
9. Have you served as Chair or
Member of any other Committee,
Club, Board or Organization? If
yes, please describe:
I have served on the Tree Committed for City of Riverside= this committee focused on the orange groves, protecting them from the psyllid bug and planting on new trees. I currently serve on the Board of Directors for Serrano Summit HOA as Vice President= Board for community I attend meetings, analyze budget reports and responsible to keep community looking good plus various other duties. I also serve as Chair for the Social Committee for Serrano Summit=Planning and organizing events to get the community together. I have a committee of 7 others that I oversee. and I have served on the Board of Directors for Toastmasters International= I served as Secretary= take minutes of all meetings and Directors meetings.
I came up with easier and efficient ways to take the notes.
10. How have you been involved
in the community of Lake Forest?
Mention any participation in
other community service
organizations or clubs and
activities in the community.
Board of Director for Serrano Summit HOA-Vice President and Chair the Social Committee. I feel community involvement is important and love planning events to get the community to come together.
11. Do you have any social or
business relationships with
anyone on the City Council or
other Commissions? If yes, please
describe:
I met Benjamin Yu and invited him to our most recent Social Event for the holidays. I love what Benjamin stands for and I stand in agreement with his efforts to make Lake Forest a Great city to live. Even though we are newer to the community when we live in a city we make that city our home and want to be involved in helping make or keep it a great city to live and to creat ways for the community to come together.
12. Have you endorsed, assisted
or made contributions to any
campaign initiated by any
member of the City Council?
I endorsed Benjamin Yu when he ran for city council. I told several of my neighbors to vote for him and that he was a good candidate for Lake Forest. I also invited him to our Christmas event, so that neighbors could meet their councilman. Involvement from city officials is important because it makes the community feel officials care about them as individuals when they take the time to attend functions. It also makes people feel political figures are reachable and that's a comfortable feeling.
13. Do you have any personal or
professional affiliations with any
City employee? If yes, please
describe:
No
Item: 12
281
Item: 12
282
Item: 12
283
Item: 12
284
Item: 12
285
Item: 12
286
Item: 12
287
Item: 12
288
Item: 12
289
Item: 12
290
Item: 12
291
CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/4/2023
DEPARTMENT: City Manager
SUBJECT:
RECOMMENDED DEVELOPMENT PARTNER FOR AFFORDABLE HOUSING
ACQUISITION, AND CONVERSION OR REHABILITATION PROJECTS
RECOMMENDED ACTION(S):
1. Direct staff to negotiate an Exclusive Negotiation Agreement with Families Forward.
2. Authorize the City Manager to sign, and the City Clerk to attest the Exclusive Negotiation Agreement and any other relevant documents to progress the project.
EXECUTIVE SUMMARY:
On January 17, 2023, the City of Lake Forest (“City”) and Lake Forest Housing Authority (“Authority”) issued a Notice of Funding Availability (“NOFA”) for affordable housing acquisition and conversion or rehabilitation projects. The NOFA was issued to enable the selection of a qualified development partner.
The NOFA identified approximately $1.6 million in funds to acquire and convert or rehab affordable housing projects in the City of Lake Forest. The City received Statements of Qualifications (“SOQ”) from three non-profit affordable housing developers and providers. An Evaluation Committee comprised of staff followed the City’s standard purchasing and contracting process to review and evaluate the SOQs. Ultimately, the Evaluation Committee ranked Families Forward the highest overall.
Based on the evaluation process, staff believe Families Forward is well suited to accomplish the City Council’s affordable housing objectives. Staff recommends the City Council and Authority Board direct staff to negotiate an Exclusive Negotiation Agreement (“ENA”) with Families Forward. Staff also recommends the City Council authorize the City Manager to sign, and the City Clerk to attest the ENA and any other relevant documents to progress the project.
Item: 13
292
BACKGROUND:
On January 17, 2023, the City and Authority issued a NOFA for affordable housing acquisition and conversion or rehabilitation projects. The City/Authority extended the submission deadline three times to obtain additional SOQs. The City’s Purchasing and Contracting Guidelines require a Request For Qualifications be posted for a minimum of three weeks. The NOFA was open for a total of six weeks.
The NOFA identified approximately $1.6 million in funds to acquire and convert or rehab affordable housing projects in the City of Lake Forest. It includes funding from two separate sources – the City’s Community Development Block Grant (“CDBG”) Funds and the Authority’s Low and Moderate Income Housing Asset Funds. The NOFA provided an overview of the Lake Forest community, demographics and a summary of the City’s housing goals outlined in the 2021- 2029 Draft Housing Element. Additionally, the NOFA detailed the available funding sources and the State Department of Housing and Community Development’s expenditure parameters governing each funding source.
Exclusive Negotiation Agreement
On December 5, 2017, the City/Authority entered into an ENA with National Community Renaissance (“National CORE”) for the development of an affordable housing project. The purpose of the ENA is to establish a specific, limited period of time for a developer to work with the City/Authority regarding the selection of a site and the negotiation of an Affordable Housing agreement for the development and use of City/Authority’s funds. The ENA the City/Authority entered into with National CORE is attached for the City Council’s information (Attachment).
CDBG Compliance
On April 5, 2022, the City Council approved the Fiscal Year (“FY”) 2022-2023 CDBG Program Annual Action Plan. The funding available in FY 2022-23 is larger than in recent years, mostly due to the carry-over of more than anticipated unspent prior-year funds. As part of the plan, the City Council authorized the allocation of approximately $432,000 to be used toward achieving the City’s affordable housing goals.
The CDBG program requires that a CDBG Entitlement grantee must carry out its program in a timely manner, as measured by the rate of expenditure of funds from the grantee's Line of Credit. A CDBG Entitlement grantee, in accordance with the CDBG regulations, must have a balance no greater than one and one- half times its annual grant remaining in the Line of Credit 60 days prior to the end of the program year. If this ratio is not met, the U.S. Department of Housing and Urban Development (“HUD”) may reduce the proceeding year's grant allocation.
Item: 13
293
The expenditure of these funds would help the City achieve its 1.5 ratio by the required deadline.
DISCUSSION:
Staff followed the City’s procurement process for professional services. The procurement process typically includes developing a scope of work that is contained within the Request for Proposals. In this instance, the process differed in that the NOFA included broad criteria describing the ideal organization to successfully undertake the various activities associated with the acquisition and conversion or rehabilitation of affordable housing. Staff utilized these criteria to rate the SOQs and the organizations during the interview process. The City’s criteria included:
Expertise and experience in the acquisition and rehabilitation projects that consist of substantial rehabilitation;
Expertise and experience in the acquisition and conversation of nonresidential property to multifamily housing units;
Vision and design for a market-feasible affordable project that implements the City’s vision for the community and promotes the character of Lake Forest;
Economic viability and financial strength of the proposed project, including marketability and feasibility;
Experience and ability to relatively negotiate an affordable housing agreement, or other appropriate development agreement, that provides the greatest return on investment to the City;
Financial and organizational capacity of the team to successfully complete the project, including the ability to secure financing and leverage other funding sources to build the highest quality housing project.
Evaluation and Selection Process
The City/Authority received SOQs from three non-profit affordable housing developers and providers. These organizations include Families Forward, Habitat for Humanity, and USA Properties. An Evaluation Committee comprised of staff reviewed the SOQs. The Evaluation Committee members were selected based on their knowledge of the City’s housing goals. The Committee members are identified in Table 1 below.
Item: 13
294
Table 1: NOFA Evaluation Committee
Staff Position Department
Assistant City Manager City Manager’s Office
Director of Finance/City Treasurer Finance Department
Sr. Management Analyst City Manager’s Office
The Evaluation Committee reviewed and evaluated the SOQs based on the criteria outlined in the NOFA. These criteria included development team qualifications, financial capacity and capability, alignment with community goals, project readiness, project eligibility and affordability, and track record of successful partnerships. The Evaluation Committee utilized the same process to rate the SOQs as other professional consulting services, which require a minimum of 60 points on the qualitative evaluation to advance to the interview portion of the selection process. Each of the three firms advanced to the interview round.
The Evaluation Committee conducted interviews on March 13, 2023. During the interviews, the Evaluation Committee met each firm’s development team, learned more about potential projects, and gained a better understanding of each organization’s ability to ensure a quality and timely project. The interview scores are based on the following: (1) how the organization plans to accomplish the City’s affordable housing goals; (2) the organization’s ability to leverage multiple funding sources to maximize the City’s contribution; (3) how the organization ensures compliance with federal and state housing laws and requirements; and (4) project schedule. The results of the qualitative evaluation and interview are identified in Table 2 below.
Table 2: NOFA Technical Evaluation and Interview Results Technical
Review
Qualifications
Interview
Rater Rater
Firm 1 2 3 Subtotal 1 2 3 Subtotal Total
Families
Forward 90 100 93 283 89 95 100 284 567
Habitat for
Humanity 63 100 60 223 80 90 96 246 469
USA
Properties 88 100 83 271 79 98 76 273 544
As reflected above, Families Forward received the highest cumulative score based upon its SOQs and interview. Families Forward began serving the region in 1984. Its mission is to prevent and end family homelessness by providing access to housing and resources that create lasting stability. Families Forward owns and manages 57 units of affordable housing across Orange County.
Item: 13
295
It has extensive experience in acquiring and managing condos. The City/Authority previously partnered with Families Forward and provided former redevelopment funding to the organization for the acquisition of a City-owned four-plex. In 2015, Families Forward acquired the property off Saguaro Street.
With assistance from public, private, and non-profit partners, it extensively rehabilitated the property and it is now used as affordable housing.
Families Forward proposes to leverage the City/Authority funds with funds from the organization and a potential investment from a third-party to purchase a four- to eight-unit complex it will rehabilitate and turn into affordable housing for very low to low-income families who are at-risk of homelessness. Families Forward offers a comprehensive suite of Housing First support services to promote upward economic mobility and maintain permanent housing.
During the evaluation process, Families Forward was found to be the most qualified firm based on its extensive experience purchasing, rehabilitating, managing, and operating affordable housing projects in the region. Ultimately, the Evaluation Committee ranked Families Forward the highest overall, and staff recommended the City Council/Authority Board select Families Forward as the affordable housing partner.
Recommended Action
Based upon the technical review and interview process, staff recommends the City and Authority elect to partner with Families Forward for the acquisition and conversion or rehabilitation of affordable housing in Lake Forest. Given Families Forward’s experience, the Evaluation Committee believes Families Forward will be the best partner to locate a suitable site and execute the project to fulfill the City’s affordable housing goals. Due to HUD’s timing requirement, staff also recommends the City Council authorize the City Manager to execute an ENA.
Next Steps
Based on the City Council/Authority Board’s direction, the next step in this process is to enter into an ENA with Families Forward. Staff would work with the City Attorney’s Office to draft the agreement, which would stipulate roles and responsibilities, milestones, project schedule, and other related activities to ensure that certain objectives are completed. In addition, staff will bring back an Affordable Housing Agreement for submission to the City Council/Authority Board for review and approval. The Affordable Housing Agreement shall consist of terms, conditions, covenants, restrictions and agreements acceptable to the City Council/Authority Board.
Item: 13
296
FISCAL IMPACT:
The fiscal impact associated with preparing the ENA includes staff time and attorney’s fees to prepare and review the agreement. As identified in the NOFA, there is currently $432,703 in CDBG funds and approximately $1.2 million in funds from the Authority’s Low/Moderate Income Housing Asset Fund.
ATTACHMENTS:
1. Exclusive Negotiation Agreement with National CORE
Initiated By: Adrian Grijalva, Senior Management Analyst Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 13
297
ATTACHMENT
Item: 13
298
Item: 13
299
Item: 13
300
Item: 13
301
Item: 13
302
Item: 13
303
Item: 13
304
Item: 13
305
Item: 13
306
Item: 13
307
Item: 13
308
Item: 13
309
Item: 13
310
Item: 13
311
CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/4/2023
DEPARTMENT: Public Works
SUBJECT:
SUMMARY RELINQUISHMENT OF VARIOUS PUBLIC SERVICE LANDSCAPE
EASEMENTS
RECOMMENDED ACTION(S):
Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA SUMMARILY VACATING SIX PUBLIC
SERVICE EASEMENTS PURSUANT TO CALIFORNIA STREETS &
HIGHWAYS CODE SECTIONS 8330, ET SEQ.
EXECUTIVE SUMMARY:
The City is proposing to vacate excess landscaping, landscaping maintenance, and slope maintenance easements (“Easements”) that are not needed by the City. The Easements were originally quitclaimed from the County of Orange to the City but have never been used or maintained by the City. The proposed Resolution (Attachment 1) would summarily vacate the excess easements and provide the owners with full use and enjoyment of the properties. The locations of these easements are described visually in Attachment 2. Excess rights-of-way and other public service easements that have not been utilized by the City for a period of five or more years may be summarily vacated by the City pursuant to the California Streets and Highways Code Section 8333. Therefore, staff recommends the City Council approve the attached Resolution summarily vacating the Easements.
BACKGROUND:
As part of the City’s incorporation process, the County of Orange (“County”) transferred various interests in real property to the City, including park sites, open space areas, landscape easements, access easements, drainage easements, and unaccepted irrevocable offers of dedication via a “Quitclaim Deed and Assignment” first recorded in 1999. These real property interests originated from dedications made by land developers to the County, which administered all land use projects in the area prior to the City’s incorporation. The information conveyed through this process consists of references to recorded parcel maps, tract maps, and deeds. The specific maps and deeds relevant to the subject Item: 14
312
Easements contain descriptions of the location of the easement, dimensions, and a label (e.g., “Easement for slope, landscape, and maintenance purposes”).
Given that the County did not develop a comprehensive landscaping plan or policy for the area, the City’s knowledge of the original intent or purpose of the landscape easements is therefore limited.
As a type of property right that does not convey ownership, landscape easements generally provide the City the right, but not the obligation, to install landscaping, irrigation, and maintain slopes within the easement area. It also can serve to restrict non-landscaping uses within the Easements. With respect to the subject Easements, the City maintains rights over the specified property, which typically consists of either an entire homeowners association (“HOA”) owned lot, or a portion of it. The Easements legally exist solely for the benefit of the City, should it choose to exercise its rights. In some easement areas owned by the City, the City has chosen to not exercise its rights. As a result, some of the landscape easements are maintained under the Medians, Parkways, and Slopes (“MPS”) landscape service contract, whereas others have never been maintained by the City, or by the County according to available records.
DISCUSSION:
Similar to a lien or restrictive covenant, easements establish an encumbrance on the title of the underlying property and restricts its use. The City is proposing to vacate six excess public service easement areas (described in Table 1 below and depicted in Attachment 2) dedicated for landscaping, landscaping maintenance, and slope maintenance purposes that have not been used or maintained by the City. Although it is not clear why the County accepted the Easements originally, it is clear that the County never utilized the Easements.
Further, the City does not need or utilize the Easements either.
The landscape easement areas consist of lettered or numbered lots (or portions thereof) owned by HOAs. None of the affected lots are considered buildable areas available for development. By vacating the easement, the underlying property would be unencumbered from the City Easement and the HOA would gain full use and enjoyment of the property. Staff mailed letters to each affected HOA to provide notice of the proposed vacation. Staff did not receive any comments or questions in response to the letters.
Item: 14
313
Table 1: Landscape Easement Areas
Easement Description
Easement 1 Eucalyptus Lane, adjacent to Toledo Way
Easement 2 Trabuco Road entry to the Serrano Park Homeowners Association Easement 3 Serrano Road at Shasta Lake Road
Easement 4 Lake Forest Townhouses along El Toro Road
Easement 5 Rancho Viejo II Townhomes along El Toro Road Easement 6 El Toro Road, between 2nd Street and Toledo Way The City may summarily vacate an easement when it determines that it is not necessary for present or future public purposes and that public funds have not been spent on the area within the past five years. The Easements meet this criteria and pursuant to California Streets and Highways Code Section 8333, the City may vacate the easements by adopting the attached Resolution (Attachment 1).
The Resolution includes findings that the Easement vacations are in conformance with the Lake Forest General Plan (Streets and Highways Code Section 8313) and that the vacations are 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 was prepared by the City Attorney and the accompanying legal descriptions were reviewed by the City’s contracted city surveyor. The proposed vacation would be effective once the City records the approved Resolution with the Orange County Clerk/Recorder’s Office. Once effective, the easement areas would revert to the underlying property owners and the Easements would be extinguished. Staff recommends approval of the recommended action to ensure that the City’s roster of easements is consistent with the services that the City provides and/or anticipates providing in the future.
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
Item: 14
314
ATTACHMENTS:
1. Resolution for Summary Vacation
2. Exhibit of Easement Areas
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: 14
315
Attachment 1
Item: 14
316
55136.00500\40957393.6
-1-
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE FOREST, CALIFORNIA SUMMARILY VACATING
SIX PUBLIC SERVICE EASEMENTS PURSUANT TO
CALIFORNIA STREETS & HIGHWAYS CODE SECTIONS
8330, ET SEQ.
WHEREAS, on or about February 3, 1977, the Board of Supervisors for the County of Orange (“County”) accepted an easement for landscape and irrigation purposes along certain sloped areas on the north and south sides of Eucalyptus Lane, adjacent to Toledo Way, in the City of Lake Forest (“City”). This easement is referred to herein as “Easement 1” and is more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference.
WHEREAS, Easement 1 constitutes a “public service easement” under California Streets and Highways Code section 8306 as it was dedicated to the City for landscape and irrigation purposes; and
WHEREAS, on or about October 28, 1976, the County accepted easements for landscaping, landscaping maintenance, and slope maintenance over portions of certain privately owned lots in the City that are now located at the Trabuco Road entry to the Serrano Park Homeowners Association. This easement is referred to herein as “Easement 2” and is more particularly described in Exhibit “B,” attac hed hereto and incorporated herein by reference.
WHEREAS, Easement 2 qualifies as a “public service easement” under California Streets and Highways Code section 8306 as it was dedicated to the City for landscaping, landscaping maintenance, and slope maintenance purposes; and WHEREAS, on or about August 11, 1976, the County accepted an easement for slope, landscape, and maintenance purposes over certain slopes along Serrano Road .
This easement is referred to herein as “Easement 3” and is more particularly described in Exhibit “C,” attached hereto and incorporated herein by reference; and WHEREAS, Easement 3 qualifies as a “public service easement” under California Streets and Highways Code section 8306 as it was dedicated to the Ci ty for slope, landscape, and maintenance purposes; and
WHEREAS, on or about June 29, 1972, the County accepted an easement for landscaping purposes over and along certain lots that now make up the frontage of the Lake Forest Townhouses along El Toro Road. This easement is referred to herein as “Easement 4” and is more particularly described in Exhibit “D,” attached hereto and incorporated herein by reference; and
Item: 14
317
55136.00500\40957393.6
-2-
WHEREAS, Easement 4 qualifies as a “public service easement” under California Streets and Highways Code section 8306 as it was dedicated to the City for landscaping purposes; and
WHEREAS, on or about February 9, 1973, the County accepted an easement for landscape purposes over a portion of a lot now fronting the Rancho Viejo II Townhomes along El Toro Road. This easement is referred to herein as “ Easement 5” and is more particularly described in Exhibit “E,” attached hereto and incorporated herein by reference; and
WHEREAS, Easement 5 qualifies as a “public service easement” under California Streets and Highways Code section 8306 as it was dedicated to the City for landscape purposes; and
WHEREAS, on or about March 11, 1973, the County accepted an easement for landscape purposes on private lots fronting El Toro Road, between 2nd Street and Toledo Way. This easement is referred to herein as “Easement 6” and is more particularly described in Exhibit “F,” attached hereto and incorporated herein by reference; and WHEREAS, Easement 6 qualifies as a “public service easement” under California Streets and Highways Code section 8306 as it was dedicated to the City for landscape purposes; and
WHEREAS, on August 31, 1999, the County quitclaimed Easement 1, Easement 2, Easement 3, Easement 4, Easement 5, and Easement 6 (collectively, the “Easements”) to the City via that certain “Quitclaim Deed and Assignment” recorded September 24, 1999, as Instrument No. 19990685797 of Official Records, and was Re- recorded June 6, 2003 as Instrument No. 2003000660099 of Official Records; and WHEREAS, subsection (a) of the California Streets and Highways Code (“Streets and Highways Code”) section 8333 authorizes the City Council to summarily vacate a public service easement where the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and
WHEREAS, for the reasons set forth herein, the Easements satisfy the criteria for summary vacation under subsection (a) 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.
Item: 14
318
55136.00500\40957393.6
-3-
SECTION 2. CEQA. The City Council hereby 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 Council hereby finds that the adoption of this Resolution is consistent with the General Plan, including Health and Wellness Policy HW-
3.6, which requires the City to “evolve [City -provided] programs to meet changi ng community needs over time.” Adopting this Resolution will vacate six legacy landscape easements (i.e., the “Easements”) that the City inherited from the County upon incorporation. Each Easement dates back to the 1970s. While the County may have envisioned landscaping these areas at the time, t he City does not need or utilize the Easements; it has not —and does not —landscape the subject areas. Va cating the Easements e ffectuates Policy HW -3.6 by aligning the City’s roster of public service easements with the areas in the community that its landscaping program services. For these reasons, adopting this Resolution is consistent with the General Plan.
SECTION 4. R
equired Findings—Easement 1. The City Council hereby finds as follows:
a. This summary vacation of Easement 1 is made pursuant to the provisions of Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of the State of California Streets and Highways Code. b. In accordance with subsection ( a) of Streets and Highways Code section 8333, Easement 1 has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding this Resolution.
SECTION 5. Required Findings—Easement 2. The City Council hereby finds as follows:
a. This summary vacation of Easement 2 is made pursuant to the provisions of Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of the State of California Streets and Highways Code. b. In accordance with subsection (a) of Streets and Highways Code section 8333, Easement 2 has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding this Resolution.
Item: 14
319
55136.00500\40957393.6
-4-
SECTION 6. Required Findings—Easement 3. The City Council hereby finds as follows:
a. This summary vacation of a portion of Easement 3 (as specified in Section 10 below) is made pursuant to the provisions of Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of the State of California Streets and Highways Code.
b. In accordance with subsection (a) of Streets and Highways Code section 8333, Easement 3 has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding this Resolution.
SECTION 7. Required Findings—Easement 4. The City Council hereby finds as follows:
a. This summary vacation of Easement 4 is made pursuant to the provisions of Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of the State of California Streets and Highways Code. b. In accordance with subsection (a) of Streets and Highways Code section 8333, Easement 4 has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding this Resolution.
SECTION 8. Required Findings—Easement 5. The City Council hereby finds as follows:
a. This summary vacation of Easement 5 is made pursuant to the provisions of Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of the State of California Streets and Highways Code. b. In accordance with subsection (a) of Streets and Highways Code section 8333, Easement 5 has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding this Resolution.
SECTION 9. Required Findings—Easement 6. The City Council hereby finds as follows:
a. This summary vacation of Easement 6 is made pursuant to the provisions of Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of the State of California Streets and Highways Code. b. In accordance with subsection (a) of Streets and Highways Code section 8333, Easement 6 has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding this Resolution.
Item: 14
320
55136.00500\40957393.6
-5-
SECTION 10. Order Vacating the Easements.
1. The City Council hereby summarily vacates Easement 1 , as described in Exhibit “A,” and all interests that the City may have therein.
2. The City Council hereby summarily vacates Easement 2 , as described in Exhibit “B,” and all interests that the City may have therein.
3. The City Council hereby summarily vacates a portion of Easement 3, specifically Lot B of Tract 9309 as described in Exhibit “C.” To be specific, the City is only summarily vacating Lot B of Tract 9309 and all interests that the City may have therein. The City is not vacating and shall retain its existing easement rights in Lot C of Tract 9309, as described in Exhibit “C.”
4. The City Council hereby summarily vacates Easement 4 , as described in Exhibit “ D,” and all interests that the City may have therein.
5. The City Council hereby summarily vacates Easement 5 , as described in Exhibit “E,” and all interests that the City may have therein.
6. The City Council hereby summarily vacates Easement 6 , as described in Exhibit “F,” and all interests that the City may have therein.
SECTION 11 . Clerk 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 recordation. The City Clerk shall permanently maintain a true and correct copy of this Resolution.
SECTION 12 . E
ffective Date; Effect of Recordation . This Resolution shall become effective upon its adoption. Upon the recordation required hereby, the vacations shall be complete and Easement 1, Easement 2, the portion of Easement 3 specified in Section 10 above, Easement 4, Easement 5, and Easement 6 will no longer constit ute public service easements.
PASSED, APPROVED AND ADOPTED this ___ day of ____, 2023.
Item: 14
321
55136.00500\40957393.6
-6-
_________________________________
Doug Cirbo
Mayor
Attest:
________________________
Lisa Berglund
City Clerk
Approved as to Form:
_________________________
Matthew E. Richardson
City Attorney
Item: 14
322
55136.00500\40957393.6
-7-
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: 14
323
55136.00500\40957393.6
-8-
EXHIBIT “A”
(Legal Description of Easement 1)
Those certain easements for Landscape and Irrigation purposes as dedicated to the County of Orange within Lot E and a portion of Lot D, as depicted on Tract No. 6195, as filed in Book 396, Pages 18 through 20, inclusive, of Miscellaneous Maps in the Office of the County Recorder of said Orange County, California.
The interest of said easement was transferred to the City of Lake Forest by Quitclaim Deed and Assignment recorded September 24, 1999 as Instrument No. 19990685797 of Official Records in the Office of said County Recorder and Re-recorded June 6, 2003 as Instrument No. 2003000660099 of said Official Records.
Item: 14
324
55136.00500\40957393.6
-9-
EXHIBIT “B”
(Legal Description of Easement 2)
Those certain easements for Landscaping Maintenance purposes as dedicated to the County of Orange within Lots 1 through 6 and 8 through 10, as depicted on Tract No. 8937, as filed in Book 388, Pages 49 and 50, of Miscellaneous Maps in the Office of the County Recorder of Orange County, California.
Those certain easements for Landscaping and Slope Maintenance purposes as dedicated to the County of Orange within Lots 84, 85, 86, 95, 96, and 97, as depicted on Tract No. 9245, as filed in Book 387, Pages 1 through 4, inclusive of Miscellaneous Maps in the Office of the County Recorder of Orange County, California Those certain easements for Landscaping and Slope Maintenance purposes as dedicated to the County of Orange within Lots 1 th rough 6, A, and 7 through 21, as depicted on Tract No. 9246, as filed in Book 387, Pages 4 through 6, inclusive of Miscellaneous Maps in the Office of the County Recorder of Orange County , California.
The interest of said easement was transferred to the City of Lake Forest by Quitclaim Deed and Assignment recorded September 24, 1999 as Instrument No. 19990685797 of Official Records in the Office of said County Recorder and Re-recorded June 6, 2003 as Instrument No. 2003000660099 of said Official Records.
Item: 14
325
55136.00500\40957393.6
-10-
EXHIBIT “C”
(Legal Description of Easement 3)
Those certain easements for Slope, Landscape and Maintenance purposes as dedicated to the County of Orange within Lots B and C, as depicted on Tract No. 9309, as filed in Book No. 381, P ages 4 through 6, inclusive, of Miscellaneous Maps in the Office of the County Recorder of Orange County , California.
The interest of said easement was transferred to the City of Lake Forest by Quitclaim Deed and Assignment recorded September 24, 1999 as Instrument No. 19990685797 of Official Records in the Office of said County Recorder and Re-recorded June 6, 2003 as Instrument No. 2003000660099 of said Official Records.
Item: 14
326
55136.00500\40957393.6
-11-
EXHIBIT “D”
(Legal Description of Easement 4)
Those certain easements for Landscape purposes as dedicated to the County of Orange within Lots C, D, E, F, and portions of Lots 49, 52, 56, 57, 77, and 43 through 46, as depicted on Tract No. 7168, as filed in Book No. 301, Pages 35 through 37, inclusive of Miscellaneous Maps in the Office of the County Recorder of Orange County, California.
The interest of said easement was transferred to the City of Lake Forest by Quitclaim Deed and Assignment recorded September 24, 1999 as Instrument No. 19990685797 of Official Records in the Office of said County Recorder and Re-recorded June 6, 2003 as Instrument No. 2003000660099 of said Official Records.
Item: 14
327
55136.00500\40957393.6
-12-
EXHIBIT “E”
(Legal Description of Easement 5)
Those certain easements for Landscape purposes as dedicated to the County of Orange within a portion of Lot 1, as depicted on Tract No. 7056, as filed in Book 316, Pages 45 through 47, inclusive, of Miscellaneous Maps in the Office of the County Recorder of Orange County, California.
The interest of said easement was transferred to the City of Lake Forest by Quitclaim Deed and Assignment recorded September 24, 1999 as Instrument No. 19990685797 of Official Records in the Office of said County Recorder and Re-recorded June 6, 2003 as Instrument No. 2003000660099 of said Official Records.
Item: 14
328
55136.00500\40957393.6
-13-
EXHIBIT “F”
(Legal Description of Easement 6)
Those certain easements for Landscape purposes as dedicated to the County of Orange within Portions of Lots 1 and 2, as depicted on Tract No. 8076, as filed in Book 322, Pages 27 through 29, inclusive, of Miscellaneous Maps in the Office of the County Recorder of Orange County, California.
The interest of said easement was transferred to the City of Lake Forest by Quitclaim Deed and Assignment recorded September 24, 1999 as Instrument No. 19990685797 of Official Records in the Office of said County Recorder and Re-recorded June 6, 2003 as Instrument No. 2003000660099 of said Official Records.
Item: 14
329
Attachment 2
Item: 14
330
Easement 1: Eucalyptus Lane, adjacent to Toledo Way
Easement 2: Trabuco Road entry to Serrano Park Homeowners Association
Easement 3: Serrano Road
Item: 14
331
Easement 4: Lake Forest Townhouses along El Toro Road
Easement 5: Rancho Viejo II Townhomes along El Toro Road
Easement 6: El Toro Road, between 2nd Street and Toledo Way
Item: 14
332
CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/4/2023
DEPARTMENT: City Manager
SUBJECT:
LEGISLATIVE PLATFORM
RECOMMENDED ACTION(S):
Exercise City Council discretion with regard to two proposed additions to the City 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.
On February 21, 2023, the City Council approved the 2023 Legislative Platform (Attachment 1). At that same meeting on February 21, 2023, the City Council directed the City Attorney to draft language consistent with the two requested additions to the 2023 Legislative Platform from Council Member Voigts and Council Member Yu (Attachment 2). The City Attorney’s draft language is provided for City Council’s consideration as Proposed Policy Guideline #24 and Proposed Policy Guideline #25 (Attachment 3). Staff recommends the City Council exercise discretion in considering the two suggested additions to the City's Legislative Platform.
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 Item: 15
333
authority, the imposition of unfunded mandates, and the diminishment of the City’s financial autonomy.
Below are the Proposed Policy Guidelines that the Council will consider at its own discretion.
Proposed Policy Guideline #24:
The City supports legislation that advances the practice or policy of favoring individuals in hiring and similar contexts based solely on their abilities and personal merits, including education, skills, experience, and other similar factors.
Proposed Policy Guideline #25:
The City supports legislation that invests in, provides for the research of, and promotes desalination technologies for seawater, brackish water, and contaminated freshwater in order to develop and reclaim new water supplies.
DISCUSSION:
To achieve the City’s interests the City Attorney has prepared a response to Councilmember Yu’s and Councilmember Voigts’s proposed policy guidelines.
In response to the request made by Councilmember Yu:
“The City supports legislation that advances the practice or policy of favoring individuals in hiring and similar contexts based solely on their abilities and personal merits, including education, skills, experience, and other similar factors.” In response to the request made by Councilmember Voigts:
“The City supports legislation that invests in, provides for the research of, and promotes desalination technologies for seawater, brackish water, and contaminated freshwater in order to develop and reclaim new water supplies.” Staff recommends the City Council exercise discretion in considering the proposed additions to the City's Legislative Platform.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
Item: 15
334
ATTACHMENTS:
1. 2023 Legislative Platform
2. Minute Excerpt February 21, 2023, City Council Meeting
3. 2023 Legislative Platform with Proposed Additions
Initiated By: Hana Ebrahim, City Manager Intern
Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
Item: 15
335
ATTACHMENT 1
Item: 15
336
CITY OF LAKE FOREST
2023 LEGISLATIVE PLATFORM
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.
Policy Guidelines:
1. The City supports legislation that leads to greater financial independence from federal, 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 of its responsibility and operations and opposes legislation that imposes intrusive, unnecessary or unfunded state-imposed mandates or preempts local authority.
3. The City supports legislation that advocates fair and proportionate representation 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 previously 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 enhance opportunities for local businesses.
6. The City supports legislative efforts that would amend existing law to ensure that prevailing wage rates do not impede its ability to pursue small-dollar projects and lower operating costs.
Item: 15
337
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.
Item: 15
338
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 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.
Item: 15
339
ATTACHMENT 2
Item: 15
340
MINUTE EXCERPT
LAKE FOREST REGULAR CITY COUNCIL MEETING
FEBRUARY 21, 2023
____________________________________________________________
13. 2023 LEGISLATIVE PLATFORM
Cit
y Manager Rose introduced the item and invited Assistant to the City Manager McGovern to provide a presentation. No public comment was offered. City Council questions were asked and answered.
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to adopt the proposed 2023 Legislative Platform. The motion was carried by a vote of 4/0, with Mayor Cirbo absent.
M
OTION: It was moved by Council Member Yu, seconded by Council Member Voigts, to add language opposing legislation promoting affirmative action.
D
iscussion ensued amongst Council Members. It was the consensus of the Council to continue this item to a future meeting and have the City Attorney draft language that reflects the City’s position on affirmative action.
Discussion ensued amongst Council Members regarding Council Member Voigts’ recommendation to add language supporting the development of desalination. It was the consensus of the Council to continue this item to a future meeting and have the City Attorney draft language that reflects the City’s position on desalination.
Item: 15
341
5 1
8 6
8 ATTACHMENT 3
Item: 15
342
5 1
8 6
8 CITY OF LAKE FOREST
2023 LEGISLATIVE PLATFORM
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.
Policy Guidelines:
1. The City supports legislation that leads to greater financial independence from federal, 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 of its responsibility and operations and opposes legislation that imposes intrusive, unnecessary or unfunded state-imposed mandates or preempts local authority.
3. The City supports legislation that advocates fair and proportionate representation 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 previously 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 enhance opportunities for local businesses.
6. The City supports legislative efforts that would amend existing law to ensure that prevailing wage rates do not impede its ability to pursue small-dollar projects and lower operating costs.
Item: 15
343
5 1
8 6
8 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.
Item: 15
344
5 1
8 6
8 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 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.
24. The City supports legislation that advances the practice or policy of favoring individuals in hiring and similar contexts based solely on their abilities and personal merits, including education, skills, experience, and other similar factors.
25. The City supports legislation that invests in, provides for the research of, and promotes desalination technologies for seawater, brackish water, and contaminated freshwater in order to develop and reclaim new water supplies.
Item: 15
345
CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/4/2023
DEPARTMENT: City Manager
SUBJECT:
LEGISLATIVE AND REGULATORY MATTERS
RECOMMENDED ACTION(S):
1. Receive a report from staff summarizing the status of various legislation with the potential to impact the City of Lake Forest
2. Adopt the policy positions recommended by staff on various legislation with the potential to impact the City of Lake Forest
EXECUTIVE SUMMARY:
As part of its Legislative Program, the City Council adopts a Legislative Platform prior to the start of the State’s Legislative Session. This platform contains policy guidelines rooted in the preservation of local control and municipal financial independence. The City Council adopted the 2023 Legislative Platform (Attachment 1) on February 21, 2023.
This report provides a summary of proposed legislation with the potential to significantly impact the operational, financial position, or decision-making capacity of the City of Lake Forest. Each summary below includes a staff recommendation on whether the City Council should support or oppose the legislation.
Senate Bill 252
Staff Recommended Position: Oppose
CalCities Position: Oppose
Senate Bill (“SB”) 252, the Fossil Fuel Divestment Act, was introduced in the California State Senate in January 2023. The bill proposes that both the California Public Employees Retirement System (“CalPERS”) and the California State Teachers Retirement System (“CalSTRS”) be prohibited from investing in fossil fuel companies. The proposed ban on investments in fossil fuels would divest any current holdings in these companies by 2030, with an additional 5- year off-ramp should the funds encounter specified market conditions. The bill Item: 16
346
also includes provisions for reporting on the implementation of the divestment policy and the financial impact on the pension funds.
As of March 2023, the bill is still under consideration in the California State Senate and has yet to be passed into law. Staff recommends the City Council oppose SB 252, as this bill overrides the market-based decision-making processes that CalPERS currently uses to support a healthy market return. If passed, SB 252 has the potential to negatively impact the market performance of CalPERS, which would increase the financial liabilities for participating municipalities.
Assembly Bill 1463
Staff Recommended Position: Oppose
CalCities Position: Watch
Assembly Bill 1463 seeks to regulate the use and retention of data collected by automated license plate recognition (“ALPR”) systems by law enforcement agencies in the State. This bill would require an ALPR operator or ALPR end- user that is a public agency, excluding an airport authority, to include in those policies, procedures, and practices a requirement that ALPR information that does not match information on a hot list, as defined, be purged in 30 days, as specified.
In addition, AB 1463 would prohibit those ALPR operators and end-users from accessing an ALPR system that retains that unmatched ALPR information for more than 60 days. If passed, the bill could limit the ability of law enforcement agencies to investigate and solve crimes by restricting the retention of data collected by ALPR systems. The bill would impose annual audit requirements to review and assess ALPR end-user searches during the previous year to determine compliance with the usage and privacy policy, as specified. Staff recommends that the City Council oppose AB 1463, as it would mandate the length of time agencies, like Orange County Sheriff’s Department (“OCSD”) can keep license plate data. Access to the ALPR system managed by OCSD is already subject to privacy policy which significantly restricts usage and provides protections against the mishandling of sensitive data.
Senate Bill 43
Staff Recommended Position: Support
CalCities Position: Support
Senate Bill 43 aims to address the shortage of facilities for inpatient and residential mental health and substance use disorder treatment in California. The bill would modernize portions of California's behavioral health treatment system Item: 16
347
and social safety net system to ensure that vulnerable individuals, like the homeless population, with the most acute needs receive access to the care they need. SB 43 would also streamline the process for individuals seeking medical care, adequate shelter, or self-protection and safety.
If passed, SB 43 would modernize the definition of “gravely disabled” within the Lanterman-Petris-Short Act to include conditions that result in a substantial risk of serious harm to an individual’s physical or mental health. This includes the inability to seek medical care, adequate shelter, or self-protection and safety.
Senate Bill 363
Staff Recommended Position: Support
CalCities Position: Support
Senate Bill 363 seeks to require the State Department of Health Care Services (“the Department”) to develop a comprehensive database by 2025 to collect and display information about available beds in inpatient psychiatric facilities, crisis stabilization units, community care facilities, and licensed residential alcoholism or drug abuse recovery or treatment facilities. The database would be publicly accessible and include information on the number of available beds, facility types, and contact information for each facility. The bill also requires the Department to regularly update the database to ensure that the information is accurate and up to date.
SB 363’s push for a comprehensive database would provide a much-needed resource for individuals seeking mental health or substance use disorder treatment and their families, allowing them to easily locate available beds and find appropriate care. Staff recommends that the City Council support SB 363, since public accessibility and regular updates of the database would promote transparency and accountability in the mental health treatment system and enhance the infrastructure needed to serve homeless persons with mental health issues.
Assembly Bill 1166
Staff Recommended Position: Support
CalCities Position: Support
Assembly Bill 1166 would provide that a person who is not trained in emergency medical services or as a health care provider and who, in good faith and not for compensation, renders treatment at the scene of an opioid overdose or suspected opioid overdose by administering naloxone hydrochloride is not liable for civil damages resulting from an act or omission. The bill would also provide that a person who furnishes naloxone hydrochloride to that untrained person for Item: 16
348
use at the scene of an opioid overdose or suspected opioid overdose is not liable for civil damages resulting from an act or omission.
Staff recommends the City Council support AB 1166, as it would help reduce the number of opioid-related deaths by increasing access to naloxone hydrochloride, which can be a lifesaving medication when administered promptly. By providing liability protections to individuals who administer naloxone hydrochloride, the bill would also remove potential barriers to providing this critical intervention by civilians. The requirement that individuals seek emergency medical assistance and stay with the individual until help arrives would help to ensure that individuals experiencing opioid overdoses receive appropriate care and support.
Assembly Bill 1572
Staff Recommended Position: Oppose Unless Amended
CalCities Position: Oppose Unless Amended
Assembly Bill 1572 would make legislative findings and declarations concerning water use, including that the use of potable water to irrigate nonfunctional turf is wasteful and incompatible with State policy relating to climate change, water conservation, and reduced reliance on the Sacramento-San Joaquin Delta ecosystem. The bill would direct all appropriate State agencies to encourage and support the elimination of irrigation of nonfunctional turf with potable water. This bill contains other related provisions and other existing laws.
Staff recommends that the City Council oppose AB 1572 unless amended, as it could create additional costs for all commercial, industrial, municipal, and institutional properties that would be required to replace nonfunctional turf with alternative landscaping or hardscaping by January 1, 2027. Moreover, all multifamily residential properties and all affordable multifamily housing or municipal properties in disadvantaged communities will be affected. This mandate would dictate what the City can or cannot do with regards to turf management without funding to offset compliance costs. AB 1572 could also have unintended consequences, such as reducing green spaces in urban areas and increasing heat island effects.
Senate Bill 423
Staff Recommended Position: Oppose
CalCities Position: Oppose
Senate Bill 423 (“SB 423”) would make permanent the changes made by Senate Bill 35 (“SB 35”) in 2017. SB 35 requires municipalities to provide ministerial approval of multifamily housing projects that include certain affordability Item: 16
349
components. SB 35 removed the ability of municipalities to subject SB 35-related developments to a public review process for purposes of mitigating neighborhood concerns related to traffic, parking, and other development impacts.
SB 423 would make permanent the loss of local control for multifamily developments that meet certain affordability requirements.
Assembly Bill 1708
Staff Recommended Position: Support
CalCities Position: Support
In 2014, California voters authorized Proposition 47, which defined “shoplifting” and categorized shoplifting and other petty theft offenses as misdemeanors rather than felonies if the goods stolen are worth $950 or less. AB 1708 would refine the definition of shoplifting and exclude certain offenses from prosecution as “shoplifting,” such as the theft of a firearm, vehicle, identify theft, and credit card fraud.
AB 1708 is sponsored by CalCities with the support of the Public Safety Policy Committee. If enacted, AB 1708 would allow for more serious charges to be levied against thieves that steal firearms, vehicles, personal identities, and credit cards.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
1. 2023 Legislative Platform
2. Bill Texts
Initiated By: Hana Ebrahim, City Manager Intern
Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
Item: 16
350
ATTACHMENT 1
Item: 16
351
CITY OF LAKE FOREST
2023 LEGISLATIVE PLATFORM
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.
Policy Guidelines:
1. The City supports legislation that leads to greater financial independence from federal, 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 of its responsibility and operations and opposes legislation that imposes intrusive, unnecessary or unfunded state-imposed mandates or preempts local authority.
3. The City supports legislation that advocates fair and proportionate representation 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 previously 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 enhance opportunities for local businesses.
6. The City supports legislative efforts that would amend existing law to ensure that prevailing wage rates do not impede its ability to pursue small-dollar projects and lower operating costs.
Item: 16
352
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.
Item: 16
353
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 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.
Item: 16
354
ATTACHMENT 2
Item: 16
355
SENATE BILL No. 252
Introduced by Senators Gonzalez, Stern, and Wiener
January 30, 2023
An act to amend Section 16642 of, and to add Section 7513.76 to, the Government Code, relating to public retirement systems. legislative counsel’s digest
SB 252, as introduced, Gonzalez. Public retirement systems: fossil fuels: divestment.
The California Constitution grants the retirement board of a public employee retirement system plenary authority and fiduciary responsibility for in vestment of mone ys and administration of the retirement fund and system. These pro visions qualify this grant of powers by reserving to the Le gislature the authority to prohibit investments if it is in the public interest and the prohibition satisfies standards of fiduciary care and loyalty required of a retirement board.
Existing law prohibits the boards of the Public Employees’ Retirement System and the State Teachers’ Retirement System from making ne w investments or rene wing e xisting in vestments of public emplo yee retirement funds in a thermal coal compan y, as defined. Existing la w requires the boards to liquidate investments in thermal coal companies on or before July 1, 2017, and requires the boards, in making a determination to liquidate in vestments, to constructively engage with thermal coal companies to establish whether the companies are transitioning their business models to adapt to clean energy generation.
Existing law provides that it does not require a board to take any action unless the board determines in good f aith that the action is consistent with the board’s fiduciary responsibilities established in the California Constitution.
99 Item: 16
356
This bill w ould prohibit the boards of the Public Emplo yees’ Retirement System and the State Teachers’ Retirement System from making new investments or rene wing existing investments of public employee retirement funds in a fossil fuel compan y, as defined. The bill would require the boards to liquidate in vestments in a fossil fuel company on or before July 1, 2030. The bill would temporarily suspend the abo ve-described liquidation pro vision upon a good f aith determination by the board that certain conditions materially impact normal market mechanisms for pricing assets, as specified, and would make this suspension pro vision inoperative on January 1, 2035. The bill would provide that it does not require a board to tak e any action unless the board determines in good f aith that the action is consistent with the board’s fiduciary responsibilities established in the California Constitution.
This bill would require the boards, commencing February 1, 2025, and annually thereafter , to file a report with the Le gislature and the Governor, containing specified information, including a list of fossil fuel companies of which the board has liquidated their in vestments.
The bill w ould pro vide that board members and other officers and employees shall be held harmless and be eligible for indemnification in connection with actions taken pursuant to the bill’s requirements, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 7513.76 is added to the Government line 2 Code, to read:
line 3 7513.76. (a) The Le gislature finds and declares all of the line 4 following:
line 5 (1) The combustion of coal, oil, and natural gas, known as fossil line 6 fuels, is the single largest contributor to global climate change. line 7 (2) Climate change affects all parts of the California economy line 8 and environment, and the Legislature has adopted numerous laws line 9 to mitigate greenhouse gas emissions and to adapt to a changing line 10 climate.
line 11 (3) Fossil fuel companies’ plans to e xpand production, public line 12 relations campaigns, and ef forts to obstruct climate stabilization 99 — 2 — SB 252
Item: 16
357
line 1 policies are incompatible with California’s climate goals, and our line 2 obligation to current and future generations.
line 3 (4) The production of fossil fuels and the ef fects of climate line 4 change resulting from the use of fossil fuels all lead to line 5 disproportionate adverse impacts on low-income communities and line 6 communities of color.
line 7 (5) A transition a way from fossil fuels to clean ener gy will line 8 create greater emplo yment, support the economy , and impro ve line 9 public health.
line 10 (6) The purpose of this section is to require the Public line 11 Employees’ Retirement System and the State Teachers’ Retirement line 12 System, consistent with, and not in violation of, their fiduciary line 13 responsibilities, to di vest their holdings of fossil fuel compan y line 14 investments as one part of the state’s broader efforts to decarbonize line 15 the California economy and to transition to clean, pollution-free line 16 energy resources.
line 17 (b) As used in this section, the following definitions apply:
line 18 (1) “Board” means the Board of Administration of the Public line 19 Employees’ Retirement System or the Teachers’ Retirement Board line 20 of the State Teachers’ Retirement System, as applicable. line 21 (2) “Company” means a sole proprietorship, or ganization, line 22 association, corporation, partnership, v enture, or other entity , or line 23 its subsidiary or affiliate, that exists for profitmaking purposes or line 24 to otherwise secure economic advantage.
line 25 (3) “Investment” means the purchase, ownership, or control of line 26 publicly issued stock, corporate bonds, or other debt instruments line 27 issued by a compan y. “In vestments” also includes purchase, line 28 ownership, or control of mutual funds and exchange-traded funds, line 29 unless the board is satisfied on reasonable grounds that a mutual line 30 fund or e xchange-traded fund is unlik ely to ha ve in e xcess of 2 line 31 percent of its assets, a veraged annually , directly or indirectly line 32 invested in fossil fuel companies.
line 33 (4) “Public emplo yee retirement funds” means the Public line 34 Employees’ Retirement Fund described in Section 20062 of this line 35 code, and the Teachers’ Retirement Fund described in Section line 36 22167 of the Education Code.
line 37 (5) “Fossil fuel” means petroleum oil, natural gas, and thermal line 38 coal. Thermal coal is coal used to generate electricity, such as that line 39 which is burned to create steam to run turbines. Thermal coal does line 40 not mean metallurgical coal or coking coal used to produce steel. 99 SB 252 — 3 —
Item: 16
358
line 1 (6) “Fossil fuel company” means one of the 200 largest publicly line 2 traded fossil fuel companies, as established by carbon content in line 3 the companies’ proven oil, gas, and coal reserves. line 4 (c) The board shall not make additional or new investments or line 5 renew existing investments of public emplo yee retirement funds line 6 in a fossil fuel company.
line 7 (d) (1) The board shall liquidate in vestments in a fossil fuel line 8 company on or before July 1, 2030.
line 9 (2) Notwithstanding paragraph (1), this subdi vision shall be line 10 suspended upon a good f aith determination by the board that an line 11 act of God, w ar, or other unforeseeable e vent creates conditions line 12 that materially impact normal market mechanisms for pricing assets line 13 and shall only be reinstated upon a subsequent good faith finding line 14 of the board that market conditions have substantially returned to line 15 normal e x-ante. Upon such a finding, the board shall ha ve six line 16 months to liquidate an y remaining in vestments in a fossil fuel line 17 company.
line 18 (3) Paragraph (2) shall remain in ef fect only until January 1, line 19 2035, and as of that date is inoperative.
line 20 (e) (1) Commencing February 1, 2025, and annually on line 21 February 1 thereafter, the board shall create a report that includes line 22 the following:
line 23 (A) A list of fossil fuel companies of which the board has line 24 liquidated its investments pursuant to subdivision (d). line 25 (B) A list of fossil fuel companies with which the board still line 26 has not liquidated its investments.
line 27 (C) A list of fossil fuel companies of which the board has not line 28 liquidated its in vestments as a result of a determination made line 29 pursuant to subdivision (f) that a sale or transfer of investments is line 30 inconsistent with the fiduciary responsibilities of the board as line 31 described in Section 17 of Article XVI of the California line 32 Constitution and the board’ s findings adopted in support of that line 33 determination.
line 34 (D) An analysis of methods and opportunities to rapidly and line 35 effectively reduce dependence on fossil fuels and transition to line 36 alternative ener gy sources in a realistic timeframe that a voids line 37 negatively contrib uting to economic conditions particularly line 38 damaging to public employee retirement funds and to overall net line 39 employment earnings of the state’s workforce.
99 — 4 — SB 252
Item: 16
359
line 1 (2) The board shall submit the report to the Le gislature, in line 2 compliance with Section 9795, and to the Governor, and shall post line 3 the report on the board’s internet website.
line 4 (f) Nothing in this section shall require a board to tak e action line 5 as described in this section unless the board determines in good line 6 faith that the action described in this section is consistent with the line 7 fiduciary responsibilities of the board described in Section 17 of line 8 Article XVI of the California Constitution.
line 9 SEC. 2. Section 16642 of the Government Code, as amended line 10 by Section 3 of Chapter 459 of the Statutes of 2019, is amended line 11 to read:
line 12 16642. (a) Present, future, and former board members of the line 13 Public Emplo yees’ Retirement System or the State Teachers’ line 14 Retirement System, jointly and indi vidually, state officers and line 15 employees, research firms described in subdivision (d) of Section line 16 7513.6, and investment managers under contract with the Public line 17 Employees’ Retirement System or the State Teachers’ Retirement line 18 System shall be indemnified from the General Fund and held line 19 harmless by the State of California from all claims, demands, suits, line 20 actions, damages, judgments, costs, char ges, and e xpenses, line 21 including court costs and attorney’s fees, and against all liability, line 22 losses, and damages of any nature whatsoever that these present, line 23 future, or former board members, officers, emplo yees, research line 24 firms as described in subdivision (d) of Section 7513.6, or contract line 25 investment managers shall or may at an y time sustain by reason line 26 of an y decision to restrict, reduce, or eliminate in vestments line 27 pursuant to Sections 7513.6, 7513.7, 7513.74, and 7513.75. line 28 7513.75, and 7513.76.
line 29 (b) This section shall remain in effect only until Section 7513.74 line 30 is repealed, and as of that date is repealed.
line 31 SEC. 3. Section 16642 of the Government Code, as added by line 32 Section 4 of Chapter 459 of the Statutes of 2019, is amended to line 33 read:
line 34 16642. (a) Present, future, and former board members of the line 35 Public Emplo yees’ Retirement System or the State Teachers’ line 36 Retirement System, jointly and indi vidually, state officers and line 37 employees, research firms described in subdivision (d) of Section line 38 7513.6, and investment managers under contract with the Public line 39 Employees’ Retirement System or the State Teachers’ Retirement line 40 System shall be indemnified from the General Fund and held 99 SB 252 — 5 —
Item: 16
360
line 1 harmless by the State of California from all claims, demands, suits, line 2 actions, damages, judgments, costs, char ges, and e xpenses, line 3 including court costs and attorney’s fees, and against all liability, line 4 losses, and damages of any nature whatsoever that these present, line 5 future, or former board members, officers, emplo yees, research line 6 firms as described in subdivision (d) of Section 7513.6, or contract line 7 investment managers shall or may at an y time sustain by reason line 8 of an y decision to restrict, reduce, or eliminate in vestments line 9 pursuant to Sections 7513.6, 7513.7, and 7513.75. 7513.75, and line 10 7513.76.
line 11 (b) This section shall become operati ve upon the repeal of line 12 Section 7513.74.
O
99 — 6 — SB 252
Item: 16
361
AMENDED IN ASSEMBLY MARCH 22, 2023
AMENDED IN ASSEMBLY MARCH 9, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1463
Introduced by Assembly Member Lowenthal
February 17, 2023
An act to amend Sections 1798.90.5, 1798.90.51, 1798.90.52, 1798.90.53, and 1798.90.55 of, and to add Section 1798.90.56 to, the Civil Code, relating to personal information.
legislative counsel’s digest
AB 1463, as amended, Lowenthal. Automated license plate recognition systems: retention and use of information.
Existing law authorizes the Department of the California Highw ay Patrol to retain license plate data captured by license plate reader technology, also referred to as an automated license plate recognition (ALPR) system, for not more than 60 days unless the data is being used as evidence or for the investigation of felonies. Existing law authorizes the department to share that data with la w enforcement agencies for specified purposes.
Existing law requires ALPR operators and ALPR end-users, as those terms are defined, to implement usage and pri vacy policies and to maintain reasonable security procedures and practices regarding ALPR information, as specified. Existing law requires the usage and privacy policy implemented by an ALPR operator or an ALPR end-user to include the length of time ALPR information will be retained and the process the ALPR operator or ALPR end-user will utilize to determine if and when to destroy retained ALPR information.
97 Item: 16
362
This bill would require an ALPR operator or ALPR end-user that is a public agenc y, e xcluding an airport authority , to include in those policies, procedures, and practices a requirement that ALPR information that does not match information on a hot list, as defined, be pur ged in 30 days, as specified. The bill would also prohibit those ALPR operators and end-users from accessing an ALPR system that retains that unmatched ALPR information for more than 60 days. days, as specified.
The bill would impose annual audit requirements to review and assess ALPR end-user searches during the pre vious year to determine compliance with the usage and privacy policy, as specified.
Existing la w prohibits a public agenc y from selling, sharing, or transferring ALPR information, except to another public agenc y, and only as otherwise permitted by law.
This bill would prohibit ALPR information from being sold, shared, or transferred to an out-of-state or federal agenc y without a v alid subpoena, court order, or warrant.
The bill would make related findings and declarations.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Le gislature finds and declares all of the line 2 following:
line 3 (a) It is well documented that agencies eng aged in federal line 4 immigration enforcement are e xploiting automated license plate line 5 reader (ALPR) databases containing the locations of immigrant line 6 drivers as part of their ef forts to locate and deport Californians. line 7 Following the Dobbs v . Jackson Women’s Health Or ganization line 8 decision by the United States Supreme Court, several states have line 9 ended the right to abortion and allo wed a private right of action line 10 regarding the receipt or provision of an abortion. Some states have line 11 implemented similar laws regarding gender-affirming medical care line 12 for minors.
line 13 (b) The selling, sharing, or transferring of ALPR information line 14 by a California state or local public agenc y to an out-of-state or line 15 federal agenc y is prohibited under subdi vision (b) of Section line 16 1798.90.55 of the Civil Code.
line 17 (c) Despite e xisting la w, public agencies in California share line 18 ALPR information with out-of-state and federal law enforcement 97 — 2 — AB 1463
Item: 16
363
line 1 agencies engaged in enforcing federal immigration laws, bans on line 2 abortion services, or bans on gender-affirming medical care. line 3 (d) Further le gislation is needed to ensure that ALPR line 4 information is retained only for immediate comparison with a hot line 5 list and is prevented from being retained and used for purposes of line 6 enforcing federal immigration law, bans on abortion services, or line 7 bans on gender-affirming medical care.
line 8 SEC. 2. Section 1798.90.5 of the Civil Code is amended to line 9 read:
line 10 1798.90.5. The following definitions shall apply for purposes line 11 of this title:
line 12 (a) “Automated license plate recognition end-user” or “ ALPR line 13 end-user” means a person that accesses or uses an ALPR system, line 14 but does not include any of the following:
line 15 (1) A transportation agency when subject to Section 31490 of line 16 the Streets and Highways Code.
line 17 (2) A person that is subject to Sections 6801 to 6809, inclusive, line 18 of Title 15 of the United States Code and state or federal statutes line 19 or regulations implementing those sections, if the person is subject line 20 to compliance o versight by a state or federal re gulatory agency line 21 with respect to those sections.
line 22 (3) A person, other than a la w enforcement agenc y, to whom line 23 information may be disclosed as a permissible use pursuant to line 24 Section 2721 of Title 18 of the United States Code. line 25 (b) “Automated license plate recognition information, ” or line 26 “ALPR information” means information or data collected through line 27 the use of an ALPR system.
line 28 (c) “Automated license plate recognition operator” or “ ALPR line 29 operator” means a person that operates an ALPR system, but does line 30 not include a transportation agency when subject to Section 31490 line 31 of the Streets and Highways Code.
line 32 (d) “Automated license plate recognition system” or “ ALPR line 33 system” means a searchable computerized database resulting from line 34 the operation of one or more mobile or fix ed cameras combined line 35 with computer algorithms to read and convert images of registration line 36 plates and the characters they contain into computer-readable data. line 37 (e) “Hot list” means a list or lists of license plates of v ehicles line 38 of interest against which the ALPR system is comparing vehicles line 39 on the roadways.
97 AB 1463 — 3 —
Item: 16
364
line 1 (f) “Person” means an y natural person, public agenc y, line 2 partnership, firm, association, corporation, limited liability line 3 company, or other legal entity.
line 4 (g) “Public agency” means the state, an y city, county, or city line 5 and county, or any agency or political subdivision of the state or line 6 a city, county, or city and county, including, but not limited to, a line 7 law enforcement agency.
line 8 SEC. 3. Section 1798.90.51 of the Civil Code is amended to line 9 read:
line 10 1798.90.51. An ALPR operator shall do all of the following:
line 11 (a) Maintain reasonable security procedures and practices, line 12 including operational, administrati ve, technical, and ph ysical line 13 safeguards, to protect ALPR information from unauthorized access, line 14 destruction, use, modification, or disclosure. These reasonable line 15 security procedures and practices shall include, but not be limited line 16 to, an annual audit to review and assess ALPR end-user searches line 17 during the pre vious year to determine if all searches were in line 18 compliance with the usage and pri vacy polic y. If the ALPR line 19 operator is a public agency other than an airport authority, the audit line 20 shall assess whether all ALPR information that does not match line 21 information on a hot list has been pur ged no more than 30 days line 22 from the date of collection.
line 23 (b) (1) Implement a usage and privacy policy in order to ensure line 24 that the collection, use, maintenance, sharing, and dissemination line 25 of ALPR information is consistent with respect for indi viduals’ line 26 privacy and civil liberties. The usage and privacy policy shall be line 27 available to the public in writing, and, if the ALPR operator has line 28 an internet website, the usage and pri vacy policy shall be posted line 29 conspicuously on that internet website.
line 30 (2) The usage and privacy policy shall, at a minimum, include line 31 all of the following:
line 32 (A) The authorized purposes for using the ALPR system and line 33 collecting ALPR information.
line 34 (B) A description of the job title or other designation of the line 35 employees and independent contractors who are authorized to use line 36 or access the ALPR system, or to collect ALPR information. The line 37 policy shall identify the training requirements necessary for those line 38 authorized employees and independent contractors. 97 — 4 — AB 1463
Item: 16
365
line 1 (C) A description of how the ALPR system will be monitored line 2 to ensure the security of the information and compliance with line 3 applicable privacy laws.
line 4 (D) The purposes of, process for, and restrictions on, the sale, line 5 sharing, or transfer of ALPR information to other persons. line 6 (E) The title of the official custodian, or o wner, of the ALPR line 7 system responsible for implementing this section. line 8 (F) A description of the reasonable measures that will be used line 9 to ensure the accuracy of ALPR information and correct data errors. line 10 (G) The length of time ALPR information will be retained, and line 11 the process the ALPR operator will utilize to determine if and line 12 when to destroy retained ALPR information. If the ALPR operator line 13 is a public agency other than an airport authority, the policy shall line 14 require ALPR information that does not match information on a line 15 hot list to be pur ged no more than 30 days after the date of line 16 collection.
line 17 SEC. 4. Section 1798.90.52 of the Civil Code is amended to line 18 read:
line 19 1798.90.52. If an ALPR operator accesses or provides access line 20 to ALPR information, the ALPR operator shall do all of the line 21 following:
line 22 (a) Maintain a record of that access. At a minimum, the record line 23 shall include all of the following:
line 24 (1) The date and time the information is accessed. line 25 (2) The license plate number or other data elements used to line 26 query the ALPR system.
line 27 (3) The username of the person who accesses the information, line 28 and, as applicable, the organization or entity with whom the person line 29 is affiliated.
line 30 (4) The purpose for accessing the information. line 31 (b) Require that ALPR information only be used for the line 32 authorized purposes described in the usage and pri vacy polic y line 33 required by subdivision (b) of Section 1798.90.51. line 34 (c) Conduct an annual audit to review and assess ALPR end-user line 35 searches during the previous year to determine if all searches were line 36 in compliance with the usage and pri vacy policy. If the ALPR line 37 operator is a public agency other than an airport authority, the audit line 38 shall assess whether all ALPR information that does not match line 39 information on a hot list has been pur ged no more than 30 days line 40 after the date of collection.
97 AB 1463 — 5 —
Item: 16
366
line 1 SEC. 5. Section 1798.90.53 of the Civil Code is amended to line 2 read:
line 3 1798.90.53. An ALPR end-user shall do all of the following:
line 4 (a) Maintain reasonable security procedures and practices, line 5 including operational, administrati ve, technical, and ph ysical line 6 safeguards, to protect ALPR information from unauthorized access, line 7 destruction, use, modification, or disclosure. These reasonable line 8 security procedures and practices shall include, but not be limited line 9 to, an annual audit to review and assess ALPR end-user searches line 10 during the pre vious year to determine if all searches were in line 11 compliance with the usage and pri vacy polic y. If the ALPR line 12 end-user is a public agenc y other than an airport authority , the line 13 audit shall include an assessment of whether all ALPR information line 14 that does not match information on a hot list has been pur ged no line 15 more than 30 days after the date of collection. line 16 (b) (1) Implement a usage and privacy policy in order to ensure line 17 that the access, use, sharing, and dissemination of ALPR line 18 information is consistent with respect for individuals’ privacy and line 19 civil liberties. The usage and privacy policy shall be available to line 20 the public in writing, and, if the ALPR end-user has an internet line 21 website, the usage and privacy policy shall be posted conspicuously line 22 on that internet website.
line 23 (2) The usage and privacy policy shall, at a minimum, include line 24 all of the following:
line 25 (A) The authorized purposes for accessing and using ALPR line 26 information.
line 27 (B) A description of the job title or other designation of the line 28 employees and independent contractors who are authorized to line 29 access and use ALPR information. The policy shall identify the line 30 training requirements necessary for those authorized emplo yees line 31 and independent contractors.
line 32 (C) A description of how the ALPR system will be monitored line 33 to ensure the security of the information accessed or used, and line 34 compliance with all applicable pri vacy la ws and a process for line 35 periodic system audits.
line 36 (D) The purposes of, process for, and restrictions on, the sale, line 37 sharing, or transfer of ALPR information to other persons. line 38 (E) The title of the official custodian, or o wner, of the ALPR line 39 information responsible for implementing this section. 97 — 6 — AB 1463
Item: 16
367
line 1 (F) A description of the reasonable measures that will be used line 2 to ensure the accuracy of ALPR information and correct data errors. line 3 (G) The length of time ALPR information will be retained, and line 4 the process the ALPR end-user will utilize to determine if and line 5 when to destroy retained ALPR information. If the ALPR end-user line 6 is a public agency other than an airport authority, the policy shall line 7 require pur ging of ALPR information that does not match line 8 information on a hot list no more than 30 days after the date of line 9 collection.
line 10 SEC. 6. Section 1798.90.55 of the Civil Code is amended to line 11 read:
line 12 1798.90.55. Notwithstanding any other law or regulation:
line 13 (a) A public agency that operates or intends to operate an ALPR line 14 system shall pro vide an opportunity for public comment at a line 15 regularly scheduled public meeting of the go verning body of the line 16 public agency before implementing the program.
line 17 (b) A public agenc y shall not sell, share, or transfer ALPR line 18 information, except to another public agency. ALPR information line 19 shall not be sold, shared, or transferred to out-of-state or federal line 20 agencies without a v alid subpoena, court order , or w arrant. For line 21 purposes of this section, the pro vision of data hosting or to wing line 22 services shall not be considered the sale, sharing, or transferring line 23 of ALPR information.
line 24 SEC. 7. Section 1798.90.56 is added to the Civil Code , line 25 immediately following Section 1798.90.55, to read:
line 26 1798.90.56. An ALPR operator or ALPR end-user that is a line 27 public agency, excluding an airport authority, shall not access an line 28 ALPR system that retains ALPR information that does not match line 29 information on a hot list for more than 60 days after the date of line 30 collection. collection unless the ALPR system is oper ated by an line 31 airport authority.
O
97 AB 1463 — 7 —
Item: 16
368
AMENDED IN SENATE FEBRUARY 28, 2023
SENATE BILL No. 43
Introduced by Senator Eggman
(Principal coauthors: Senators Niello and Wiener)
(Principal coauthor: Assembly Member Santiago)
(Coauthors: Senators Dodd, Menjivar, Roth, Rubio, and Stern) (Coauthors: Assembly Members Chen, Friedman, Gallagher, Quirk-Silva, and Wicks)
December 5, 2022
An act relating to beha vioral health. An act to amend Section 1799.111 of the Health and Safety Code , and to amend Section 5008 of, and to add Section 5122 to, the Welfare and Institutions Code , relating to mental health.
legislative counsel’s digest
SB 43, as amended, Eggman. Behavioral health.
Existing law , the Lanterman-P etris-Short Act, pr ovides for the involuntary commitment and treatment of a person who is a danger to themselves or other s or who is gr avely disabled. Existing law , for purposes of in voluntary commitment, defines “gr avely disabled” as either a condition in whic h a per son, as a r esult of a mental health disorder, is unable to provide for their basic per sonal needs for food, clothing, or shelter or has been found mentally incompetent, as specified.
This bill expands the definition of “gravely disabled” to also include a condition that will r esult in substantial risk of serious harm to the physical or mental health of a per son due to a mental health disorder or a substance use disor der. The bill defines “serious harm” for purposes of these pr ovisions to mean significant deterior ation, debilitation, or illness due to a person’s inability to carry out specified
98 Item: 16
369
tasks, including , among other things, attend to needed per sonal or medical care and attend to self-protection or personal safety. The bill specifies circumstances under which substantial risk of serious harm may be e videnced, as specified. The bill would mak e conforming changes. To the e xtent that this c hange increases the le vel of service required of county mental health departments, the bill would impose a state-mandated local program.
Existing law also authorizes the appointment of a conservator, in the County of Los Angeles, the County of San Diego, or the City and County of San F rancisco, for a per son who is incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder. Existing law establishes the hearsay rule, under which evidence of a statement is generally inadmissible if it was made other than by a witness while testifying at a hearing and is of fered to prove the truth of the matter stated. Existing law sets forth e xceptions to the hear say rule to permit the admission of specified kinds of evidence.
Under this bill, for purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to the abo ve-described provisions, the statements of specified health practitioners or a licensed clinical social worker included in the medical record would not be hear say. The bill would authorize the court to grant a r easonable continuance if an e xpert witness in a pr oceeding relied on the medical r ecord and the medical r ecord has not been provided to the parties or their counsel.
The California Constitution r equires the state to r eimburse local agencies and school districts for certain costs mandated by the state .
Statutory pr ovisions establish pr ocedures for making that reimbursement.
This bill would pr ovide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state , reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides for the California Health and Human Services Agency, which includes the State Department of Health Care Services, the State Department of Developmental Services, and the Department of Managed Health Care. Under e xisting law, various state and local agencies are responsible for pro viding or arranging for the pro vision of behavioral health services to adults and children in the state. 98 — 2 — SB 43
Item: 16
370
This bill would state the intent of the Legislature to enact legislation to modernize and improve California’s behavioral health system.
Vote: majority. Appropriation: no. Fiscal committee: no yes. State-mandated local program: no yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 1799.111 of the Health and Safety Code line 2 is amended to read:
line 3 1799.111. (a) Subject to subdi vision (b), a licensed general line 4 acute care hospital, as defined in subdivision (a) of Section 1250, line 5 that is not a county-designated f acility pursuant to Section 5150 line 6 of the Welfare and Institutions Code, a licensed acute psychiatric line 7 hospital, as defined in subdivision (b) of Section 1250, that is not line 8 a county-designated f acility pursuant to Section 5150 of the line 9 Welfare and Institutions Code, licensed professional staff of those line 10 hospitals, or an y ph ysician and sur geon, pro viding emer gency line 11 medical services in any department of those hospitals to a person line 12 at the hospital is not ci villy or criminally liable for detaining a line 13 person if all of the following conditions exist during the detention:
line 14 (1) The person cannot be safely released from the hospital line 15 because, in the opinion of the treating ph ysician and surgeon, or line 16 a clinical psychologist with the medical staf f privileges, clinical line 17 privileges, or professional responsibilities pro vided in Section line 18 1316.5, the person, as a result of a mental health disorder, presents line 19 a danger to themselv es, or others, or is gra vely disabled. F or line 20 purposes of this paragraph, “gravely disabled” means an inability line 21 to provide for the person’s basic personal needs for food, clothing, line 22 or shelter . has the same definition as in par agraph (1) of line 23 subdivision (h) of Section 5008 of the Welfare and Institutions line 24 Code.
line 25 (2) The hospital staf f, treating ph ysician and sur geon, or line 26 appropriate licensed mental health professional, ha ve made, and line 27 documented, repeated unsuccessful ef forts to find appropriate line 28 mental health treatment for the person.
line 29 (A) Telephone calls or other contacts required pursuant to this line 30 paragraph shall commence at the earliest possible time when the line 31 treating physician and surgeon has determined the time at which line 32 the person will be medically stable for transfer. 98 SB 43 — 3 —
Item: 16
371
line 1 (B) In no case shall the The contacts required pursuant to this line 2 paragraph shall not begin after the time when the person becomes line 3 medically stable for transfer.
line 4 (3) The person is not detained beyond 24 hours. line 5 (4) There is probable cause for the detention.
line 6 (b) If the person is detained pursuant to subdivision (a) beyond line 7 eight hours, but less than 24 hours, both of the following additional line 8 conditions shall be met:
line 9 (1) A dischar ge or transfer for appropriate e valuation or line 10 treatment for the person has been delayed because of the need for line 11 continuous and ongoing care, observ ation, or treatment that the line 12 hospital is providing.
line 13 (2) In the opinion of the treating ph ysician and sur geon, or a line 14 clinical psychologist with the medical staf f pri vileges or line 15 professional responsibilities pro vided for in Section 1316.5, the line 16 person, as a result of a mental health disorder , is still a danger to line 17 themselves, or others, or is gra vely disabled, as defined in line 18 paragraph (1) of subdivision (a).
line 19 (c) In addition to the immunities set forth in subdi vision (a), a line 20 licensed general acute care hospital, as defined in subdivision (a) line 21 of Section 1250, that is not a county-designated f acility pursuant line 22 to Section 5150 of the Welfare and Institutions Code, a licensed line 23 acute psychiatric hospital, as defined by subdivision (b) of Section line 24 1250, that is not a county-designated f acility pursuant to Section line 25 5150 of the Welfare and Institutions Code, licensed professional line 26 staff of those hospitals, or a ph ysician and sur geon, pro viding line 27 emergency medical services in any department of those hospitals line 28 to a person at the hospital shall not be civilly or criminally liable line 29 for the actions of a person detained up to 24 hours in those hospitals line 30 who is subject to detention pursuant to subdi vision (a) after that line 31 person’s release from the detention at the hospital, if all of the line 32 following conditions exist during the detention:
line 33 (1) The person has not been admitted to a licensed general acute line 34 care hospital or a licensed acute psychiatric hospital for evaluation line 35 and treatment pursuant to Section 5150 of the Welfare and line 36 Institutions Code.
line 37 (2) The release from the licensed general acute care hospital or line 38 the licensed acute psychiatric hospital is authorized by a physician line 39 and sur geon or a clinical psychologist with the medical staf f line 40 privileges or professional responsibilities provided for in Section 98 — 4 — SB 43
Item: 16
372
line 1 1316.5, who determines, based on a f ace-to-face examination of line 2 the person detained, that the person does not present a danger to line 3 themselves or others and is not gra vely disabled, as defined in line 4 paragraph (1) of subdi vision (a). In order for this paragraph to line 5 apply to a clinical psychologist, the clinical psychologist shall have line 6 a collaborati ve treatment relationship with the ph ysician and line 7 surgeon. The clinical psychologist may authorize the release of line 8 the person from the detention, b ut only after the clinical line 9 psychologist has consulted with the physician and surgeon. In the line 10 event of a clinical or professional disagreement re garding the line 11 release of a person subject to the detention, the detention shall be line 12 maintained unless the hospital’ s medical director o verrules the line 13 decision of the physician and surgeon opposing the release. Both line 14 the physician and surgeon and the clinical psychologist shall enter line 15 their findings, concerns, or objections in the person’ s medical line 16 record.
line 17 (d) Notwithstanding any other law, an examination, assessment, line 18 or evaluation that provides the basis for a determination or opinion line 19 of a ph ysician and sur geon or a clinical psychologist with the line 20 medical staff privileges or professional responsibilities pro vided line 21 for in Section 1316.5 that is specified in this section may be line 22 conducted using telehealth.
line 23 (e) This section does not af fect the responsibility of a general line 24 acute care hospital or an acute psychiatric hospital to comply with line 25 all state laws and regulations pertaining to the use of seclusion and line 26 restraint and psychiatric medications for psychiatric patients. line 27 Persons detained under this section shall retain their le gal rights line 28 regarding consent for medical treatment.
line 29 (f) A person detained under this section shall be credited for the line 30 time detained, up to 24 hours, if the person is placed on a line 31 subsequent 72-hour hold pursuant to Section 5150 of the Welfare line 32 and Institutions Code.
line 33 (g) The amendments to this section made by Chapter 308 of the line 34 Statutes of 2007 do not limit an y e xisting duties for line 35 psychotherapists contained in Section 43.92 of the Civil Code. line 36 (h) This section does not e xpand the scope of licensure of line 37 clinical psychologists.
line 38 SEC. 2. Section 5008 of the Welfare and Institutions Code is line 39 amended to read:
98 SB 43 — 5 —
Item: 16
373
line 1 5008. Unless the conte xt otherwise requires, the follo wing line 2 definitions shall govern the construction of this part:
line 3 (a) “Evaluation” consists of multidisciplinary professional line 4 analyses of a person’s medical, psychological, educational, social, line 5 financial, and le gal conditions as may appear to constitute a line 6 problem. Persons providing evaluation services shall be properly line 7 qualified professionals and may be full-time emplo yees of an line 8 agency pro viding f ace-to-face, which includes telehealth, line 9 evaluation services or may be part-time emplo yees or may be line 10 employed on a contractual basis.
line 11 (b) “Court-ordered evaluation” means an evaluation ordered by line 12 a superior court pursuant to Article 2 (commencing with Section line 13 5200) or by a superior court pursuant to Article 3 (commencing line 14 with Section 5225) of Chapter 2.
line 15 (c) “Intensive treatment” consists of such hospital and other line 16 services as may be indicated. Intensive treatment shall be provided line 17 by properly qualified professionals and carried out in f acilities line 18 qualifying for reimb ursement under the California Medical line 19 Assistance Program (Medi-Cal) set forth in Chapter 7 (commencing line 20 with Section 14000) of Part 3 of Division 9, or under Title XVIII line 21 of the federal Social Security Act and re gulations thereunder . line 22 Intensive treatment may be pro vided in hospitals of the United line 23 States government by properly qualified professionals. This part line 24 does not prohibit an intensive treatment facility from also providing line 25 72-hour evaluation and treatment.
line 26 (d) “Referral” is referral of persons by each agenc y or facility line 27 providing assessment, evaluation, crisis intervention, or treatment line 28 services to other agencies or indi viduals. The purpose of referral line 29 shall be to pro vide for continuity of care, and may include, b ut line 30 need not be limited to, informing the person of available services, line 31 making appointments on the person’ s behalf, discussing the line 32 person’s problem with the agency or individual to which the person line 33 has been referred, appraising the outcome of referrals, and line 34 arranging for personal escort and transportation when necessary . line 35 Referral shall be considered complete when the agenc y or line 36 individual to whom the person has been referred accepts line 37 responsibility for pro viding the necessary services. All persons line 38 shall be advised of a vailable precare services that pre vent initial line 39 recourse to hospital treatment or aftercare services that support line 40 adjustment to community li ving follo wing hospital treatment. 98 — 6 — SB 43
Item: 16
374
line 1 These services may be pro vided through county or city mental line 2 health departments, state hospitals under the jurisdiction of the line 3 State Department of State Hospitals, regional centers under contract line 4 with the State Department of De velopmental Services, or other line 5 public or private entities.
line 6 Each agenc y or f acility pro viding e valuation services shall line 7 maintain a current and comprehensi ve file of all community line 8 services, both public and private. These files shall contain current line 9 agreements with agencies or indi viduals accepting referrals, as line 10 well as appraisals of the results of past referrals. line 11 (e) “Crisis intervention” consists of an intervie w or series of line 12 interviews within a brief period of time, conducted by qualified line 13 professionals, and designed to alle viate personal or f amily line 14 situations which that present a serious and imminent threat to the line 15 health or stability of the person or the f amily. The interview or line 16 interviews may be conducted in the home of the person or family, line 17 or on an inpatient or outpatient basis with such therap y, or other line 18 services, as may be appropriate. The interview or interviews may line 19 include family members, significant support persons, pro viders, line 20 or other entities or indi viduals, as appropriate and as authorized line 21 by law. Crisis interv ention may, as appropriate, include suicide line 22 prevention, psychiatric, welf are, psychological, le gal, or other line 23 social services.
line 24 (f) “Prepetition screening” is a screening of all petitions for line 25 court-ordered evaluation as pro vided in Article 2 (commencing line 26 with Section 5200) of Chapter 2, consisting of a professional line 27 review of all petitions; an intervie w with the petitioner and, line 28 whenever possible, the person alleged, as a result of a mental health line 29 disorder, to be a danger to others, or to himself or herself, themself, line 30 or to be gra vely disabled, to assess the problem and e xplain the line 31 petition; when indicated, efforts to persuade the person to receive, line 32 on a voluntary basis, comprehensive evaluation, crisis intervention, line 33 referral, and other services specified in this part. line 34 (g) “Conservatorship investigation” means investigation by an line 35 agency appointed or designated by the governing body of cases in line 36 which conserv atorship is recommended pursuant to Chapter 3 line 37 (commencing with Section 5350).
line 38 (h) (1) For purposes of Article 1 (commencing with Section line 39 5150), Article 2 (commencing with Section 5200), and Article 4 line 40 (commencing with Section 5250) of Chapter 2, and for the purposes 98 SB 43 — 7 —
Item: 16
375
line 1 of Chapter 3 (commencing with Section 5350), “gravely disabled” line 2 means either any of the following:
line 3 (A) A condition in which a person, as a result of a mental health line 4 disorder, is unable to pro vide for his or her their basic personal line 5 needs for food, clothing, or shelter.
line 6 (B) A condition in which a person, per son has been found line 7 mentally incompetent under Section 1370 of the Penal Code and line 8 all of the following facts exist:
line 9 (i) The complaint, indictment, or information pending ag ainst line 10 the person at the time of commitment char ges a felony involving line 11 death, great bodily harm, or a serious threat to the ph ysical line 12 well-being of another person.
line 13 (ii) There has been a finding of probable cause on a complaint line 14 pursuant to paragraph (2) of subdivision (a) of Section 1368.1 of line 15 the Penal Code, a preliminary e xamination pursuant to Section line 16 859b of the Penal Code, or a grand jury indictment, and the line 17 complaint, indictment, or information has not been dismissed. line 18 (iii) As a result of a mental health disorder, the person is unable line 19 to understand the nature and purpose of the proceedings tak en line 20 against him or her them and to assist counsel in the conduct of his line 21 or her their defense in a rational manner.
line 22 (iv) The person represents a substantial danger of physical harm line 23 to others by reason of a mental disease, defect, or disorder. line 24 (C) (i) A condition that will result in substantial risk of serious line 25 harm to the physical or mental health of a per son due to one or line 26 more of the following:
line 27 (I) A mental health disorder.
line 28 (II) A substance use disorder, including alcohol use disorder. line 29 (ii) “Serious harm” means significant deterioration, debilitation, line 30 or illness due to the per son’s inability to do one or mor e of the line 31 following:
line 32 (I) Satisfy the need for nourishment.
line 33 (II) Attend to necessary personal or medical care. line 34 (III) Seek adequate shelter.
line 35 (IV) Be appropriately or adequately clothed.
line 36 (V) Attend to self-protection or personal safety. line 37 (iii) A substantial risk of serious harm to the physical or mental line 38 health of the per son may be e videnced by one or mor e of the line 39 following:
98 — 8 — SB 43
Item: 16
376
line 1 (I) The per son is pr esently suf fering adver se ef fects to their line 2 physical or mental health.
line 3 (II) The per son pr eviously suf fered adver se ef fects to their line 4 physical or mental health in the historical course of their mental line 5 health disorder or substance use disor der and their condition is line 6 again deteriorating.
line 7 (iv) The existence of a mental health disorder or substance use line 8 disorder diagnosis does not alone establish a substantial risk of line 9 serious harm to the physical or mental health of a person. line 10 (v) A person’s inability to appreciate the nature of their disorder line 11 and that their decisionmaking is impair ed due to their lac k of line 12 insight into their mental or medical disorders shall be considered line 13 by the court when evaluating a substantial risk of serious harm. line 14 (2) For purposes of Article 3 (commencing with Section 5225) line 15 and Article 4 (commencing with Section 5250), of Chapter 2, and line 16 for the purposes of Chapter 3 (commencing with Section 5350), line 17 “gravely disabled” means a condition in which a person, as a result line 18 of impairment by chronic alcoholism, is unable to provide for his line 19 or her basic personal needs for food, clothing, or shelter . person line 20 described in subparagraph (C) of paragraph (1). line 21 (3) The term “gravely disabled” does not include persons with line 22 intellectual disabilities by reason of that disability alone. line 23 (i) “Peace officer” means a duly sw orn peace officer as that line 24 term is defined in Chapter 4.5 (commencing with Section 830) of line 25 Title 3 of Part 2 of the Penal Code who has completed the basic line 26 training course established by the Commission on Peace Officer line 27 Standards and Training, or any parole officer or probation officer line 28 specified in Section 830.5 of the Penal Code when acting in relation line 29 to cases for which he or she the officer has a le gally mandated line 30 responsibility.
line 31 (j) “Postcertification treatment” means an additional period of line 32 treatment pursuant to Article 6 (commencing with Section 5300) line 33 of Chapter 2.
line 34 (k) “Court,” unless otherwise specified, means a court of record. line 35 (l) “Antipsychotic medication” means an y medication line 36 customarily prescribed for the treatment of symptoms of psychoses line 37 and other severe mental and emotional disorders. line 38 (m) “Emergency” means a situation in which action to impose line 39 treatment over the person’ s objection is immediately necessary line 40 for the preservation of life or the prevention of serious bodily harm 98 SB 43 — 9 —
Item: 16
377
line 1 to the patient or others, and it is impracticable to first gain consent. line 2 It is not necessary for harm to tak e place or become unavoidable line 3 prior to treatment.
line 4 (n) “Designated facility” or “facility designated by the county line 5 for evaluation and treatment” means a f acility that is licensed or line 6 certified as a mental health treatment f acility or a hospital, as line 7 defined in subdivision (a) or (b) of Section 1250 of the Health and line 8 Safety Code, by the State Department of Public Health, and may line 9 include, but is not limited to, a licensed psychiatric hospital, a line 10 licensed psychiatric health f acility, and a certified crisis line 11 stabilization unit.
line 12 SEC. 3. Section 5122 is added to the Welfare and Institutions line 13 Code, to read:
line 14 5122. (a) For purposes of an e xpert witness in a pr oceeding line 15 relating to the appointment or r eappointment of a conservator line 16 pursuant to Chapter 3 (commencing with Section 5350) or Chapter line 17 5 (commencing with Section 5450), the statements of a health line 18 practitioner described in par agraphs (21) to (25), inclusive , of line 19 subdivision (a) of Section 11165.7 of the Penal Code, or a social line 20 worker licensed pursuant to Chapter 14 (commencing with Section line 21 4991) of Division 2 of the Business and Professions Code, included line 22 in the medical record are not hearsay.
line 23 (b) This section does not pr event a party fr om calling as a line 24 witness the author of any statement contained in the medical line 25 record, whether or not the author was r elied on by the e xpert line 26 witness.
line 27 (c) The court may grant a reasonable continuance if an expert line 28 witness in a pr oceeding r elied on the medical r ecord and the line 29 medical r ecord has not been pr ovided to the parties or their line 30 counsel.
line 31 SEC. 4. If the Commission on State Mandates determines that line 32 this act contains costs mandated by the state , reimbursement to line 33 local agencies and school districts for those costs shall be made line 34 pursuant to Part 7 (commencing with Section 17500) of Division line 35 4 of Title 2 of the Government Code.
line 36 SECTION 1. It is the intent of the Le gislature to enact line 37 legislation to modernize and improve California’s behavioral health line 38 system.
O
98 — 10 — SB 43
Item: 16
378
SENATE BILL No. 363
Introduced by Senator Eggman
February 8, 2023
An act to add Article 7.1 (commencing with Section 1323.2) to Chapter 2 of Division 2 of the Health and Safety Code, relating to health and care facilities, and making an appropriation therefor. legislative counsel’s digest
SB 363, as introduced, Eggman. Facilities for inpatient and residential mental health and substance use disorder: database.
Existing law generally requires the State Department of Public Health to license, inspect, and re gulate health f acilities, defined to include, among other types of health f acilities, an acute psychiatric hospital.
Existing law generally requires the State Department of Social Services to license, inspect, and regulate various types of care facilities, including, among others, a community crisis home. Existing law requires the State Department of Health Care Services to license and re gulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug reco very treatment or detoxification services.
This bill would require, by January 1, 2025, the State Department of Health Care Services, in consultation with the State Department of Public Health and the State Department of Social Services, and by conferring with specified stak eholders, to de velop a real-time, internet-based database to collect, aggre gate, and display information about beds in specified types of facilities, such as chemical dependency recovery hospitals, acute psychiatric hospitals, and mental health rehabilitation centers, among others, to identify the a vailability of inpatient and residential mental health or substance use disorder
99 Item: 16
379
treatment. The bill would require the database to include a minimum of specific information, including the contact information for a facility’s designated employee, the types of diagnoses or treatments for which the bed is appropriate, and the target populations served at the facility, and have the capacity to, among other things, enable searches to identify beds that are appropriate for indi viduals in need of inpatient or residential mental health or substance use disorder treatment.
This bill would authorize the department to impose a plan of correction or assess penalties against a facility that fails to submit data accurately, timely, or as otherwise required and w ould establish a process for facilities to appeal these penalties. The bill would create the Available Care for Inpatient and Residential Mental Health or Substance Use Disorder Treatment Database Maintenance and Oversight Fund for the receipt of any penalties. Because the bill would continuously appropriate moneys in the fund for administrati ve costs of implementing the database, it would create an appropriation.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Article 7.1 (commencing with Section 1323.2) line 2 is added to Chapter 2 of Division 2 of the Health and Safety Code, line 3 to read:
line 4
line 5 Article 7.1. Availability of Inpatient and Residential Mental line 6 Health and Substance Use Disorder Treatment Beds line 7
line 8 1323.2. (a) (1) The State Department of Health Care Services, line 9 in consultation with the State Department of Public Health and the line 10 State Department of Social Services, shall de velop a real-time, line 11 internet-based database to collect, aggre gate, and display line 12 information about beds in all of the following facilities to identify line 13 the a vailability of inpatient and residential mental health or line 14 substance use disorder treatment:
line 15 (A) General acute care hospitals designated as part of line 16 supplemental psychiatric unit or chemical dependency service. line 17 (B) Chemical dependency recovery hospitals.
99 — 2 — SB 363
Item: 16
380
line 1 (C) Acute psychiatric hospitals and licensed long-term care line 2 facilities with a mental health program appro val or certification line 3 from the State Department of Health Care Services. line 4 (D) Psychiatric health facilities.
line 5 (E) Mental health rehabilitation centers.
line 6 (F) Inpatient psychiatric facilities.
line 7 (G) Crisis stabilization units.
line 8 (H) Licensed community care f acilities with a mental health line 9 program approval or certification from the State Department of line 10 Health Care Services.
line 11 (I) Licensed residential alcoholism or drug ab use recovery or line 12 treatment facilities.
line 13 (2) The facilities specified in paragraph (1) shall submit accurate line 14 and timely data to the database in a form and manner prescribed line 15 by the State Department of Health Care Services in consultation line 16 with the State Department of Public Health and the State line 17 Department of Social Services.
line 18 (3) The database shall be operational by January 1, 2025. line 19 (b) (1) Except as described in paragraph (3), the database line 20 created pursuant to subdi vision (a) shall include, at a minimum, line 21 all of the following:
line 22 (A) The contact information for the f acility’s designated line 23 employee.
line 24 (B) The facility’s license type.
line 25 (C) Whether the f acility pro vides substance use disorder line 26 treatment, mental health treatment, medical treatment, or an y line 27 combination of those treatments.
line 28 (D) Whether the bed is secure for the treatment of a person who, line 29 as a result of a mental health disorder , is a danger to others or to line 30 themselves or gravely disabled, pursuant to P art 1 (commencing line 31 with Section 5000) of Di vision 5 of the Welfare and Institutions line 32 Code.
line 33 (E) The types of diagnoses or treatments for which the bed is line 34 appropriate.
line 35 (F) The age ranges for which the bed is appropriate. line 36 (G) Whether the bed is available.
line 37 (H) Whether the bed is a vailable for children subject to a line 38 petition, and those adjudicated a dependent, pursuant to Section line 39 300 of the Welfare and Institutions Code, nonminor dependents line 40 as defined in subdivision (v) of Section 11400 of the Welfare and 99 SB 363 — 3 —
Item: 16
381
line 1 Institutions Code, or minors subject to a petition, and those line 2 adjudicated a ward, pursuant to Section 601 or 602 of the Welfare line 3 and Institutions Code.
line 4 (I) For perinatal residential alcoholism or drug abuse recovery line 5 or treatment f acilities, whether the bed is a vailable for a minor line 6 child of individuals receiving treatment at the facility. line 7 (J) The target populations served at the facility. line 8 (K) The levels of care pro vided at the f acility, including, b ut line 9 not limited to, medically or clinically managed detoxification. line 10 (L) Specific services available, by bed, to assist with determining line 11 appropriate placement for treatment, including, but not limited to, line 12 medications for addiction treatment.
line 13 (M) Type of payment accepted at the facility.
line 14 (2) The database created pursuant to subdivision (a) shall have line 15 the following capabilities, at minimum:
line 16 (A) To collect data.
line 17 (B) To enable searches to identify beds that are appropriate for line 18 individuals in need of inpatient or residential mental health or line 19 substance use disorder treatment.
line 20 (3) The database shall not include an y information relating to line 21 state hospitals under the jurisdiction of the State Department of line 22 State Hospitals.
line 23 (4) The database and the information contained therein shall be line 24 maintained in a manner that complies with all applicable state and line 25 federal confidentiality la ws. The database and the information line 26 contained therein shall not be publicly a vailable, and the State line 27 Department of Health Care Services may limit access to entities line 28 authorized by the department in a manner that is consistent with line 29 state and federal confidentiality laws.
line 30 (c) (1) The State Department of Health Care Services shall have line 31 the authority to impose a plan of correction or assess civil money line 32 penalties pursuant to paragraph (2), or both, ag ainst a f acility line 33 specified in subdi vision (a) that f ails to submit data accurately , line 34 timely, or as required pursuant to this section. line 35 (2) The department may determine a reasonable length of time line 36 for completion of a plan of correction. The department may issue line 37 a notice of imposition of civil money penalties if the facility fails line 38 to complete a plan of correction by the time specified. The line 39 department may assess penalties ag ainst a facility in the amount 99 — 4 — SB 363
Item: 16
382
line 1 of one hundred dollars ($100) per day from the date of notice of line 2 imposition of penalties.
line 3 (3) A facility may submit a written appeal to the department line 4 within 15 working days of the issuance of the notice specified in line 5 paragraph (2). The f acility shall include an y supporting line 6 documentation and e xplain an y mitig ating circumstances. The line 7 department shall mak e a determination on the appeal within 30 line 8 calendar days of receipt of a complete appeal.
line 9 (4) A facility may request a formal hearing within 30 calendar line 10 days of the department’s determination on the appeal pursuant to line 11 paragraph (3). Except for licensed residential alcoholism or drug line 12 abuse reco very or treatment f acilities, hearings to re view the line 13 imposition of civil money penalties shall be conducted pursuant line 14 to the requirements set forth in Section 100171. Ci vil mone y line 15 penalties ag ainst a f acility shall continue to accrue until the line 16 effective date of the final decision of the department. line 17 (5) Notwithstanding Section 100171, hearings to re view the line 18 imposition of ci vil money penalties ag ainst licensed residential line 19 alcoholism or drug abuse recovery or treatment facilities shall be line 20 conducted pursuant to the requirements set forth in Section line 21 11834.37.
line 22 (6) The State Department of Health Care Services may obtain line 23 a court order to reco ver unpaid ci vil money penalties ag ainst a line 24 facility identified in subdivision (a).
line 25 (d) The Available Care for Inpatient and Residential Mental line 26 Health or Substance Use Disorder Treatment Database Maintenance line 27 and Oversight Fund is hereby created in the State Treasury, to be line 28 administered and overseen by the State Department of Health Care line 29 Services. Civil money penalties assessed and collected pursuant line 30 to this section shall be deposited into this fund. Notwithstanding line 31 Section 13340 of the Go vernment Code, the funds deposited in line 32 this fund shall be continuously appropriated, without re gard to line 33 fiscal year, to the State Department of Health Care Services for line 34 purposes of funding its administrati ve costs associated with line 35 implementing this section.
line 36 (e) The department shall confer with stakeholders to inform the line 37 development of the database. Stak eholders represented in this line 38 process shall include, but are not limited to, the State Department line 39 of Public Health, the State Department of Social Services, the line 40 County Behavioral Health Directors Association of California, the 99 SB 363 — 5 —
Item: 16
383
line 1 California Hospital Association, or ganizations representing line 2 providers, consumers, and f amily members, or ganizations that line 3 have experience providing inpatient psychiatric le vel of care or line 4 services in a general acute care hospital, chemical dependenc y line 5 recovery hospital or an acute psychiatric hospital, licensed line 6 long-term care facilities with a mental health program approval or line 7 certification from the State Department of Health Care Services, line 8 organizations that ha ve e xperience pro viding psychiatric crisis line 9 stabilization, organizations that have experience providing services line 10 in community care f acilities with a State Department of Health line 11 Care Services mental health program appro val or certification, line 12 psychiatric health facilities and mental health rehabilitation centers, line 13 and or ganizations that ha ve e xperience pro viding residential line 14 alcoholism or drug ab use reco very or treatment services. The line 15 department and stakeholders shall consider strategies for facility line 16 use of the database.
line 17 (f) (1) The State Department of Health Care Services and the line 18 State Department of Social Services may enter into e xclusive or line 19 nonexclusive contracts, or amend e xisting contracts, on a bid or line 20 negotiated basis for purposes of administering or implementing line 21 the requirements of this section.
line 22 (2) Contracts entered into or amended pursuant to this section line 23 shall be exempt from Chapter 6 (commencing with Section 14825) line 24 of P art 5.5 of Di vision 3 of Title 2 of the Go vernment Code, line 25 Section 19130 of the Government Code, and Part 2 (commencing line 26 with Section 10100) of Di vision 2 of the Public Contract Code, line 27 and shall be exempt from the review or approval of any division line 28 of the Department of General Services.
line 29 (g) Notwithstanding Chapter 3.5 (commencing with Section line 30 11340) of Part 1 of Division 3 of Title 2 of the Government Code, line 31 the State Department of Health Care Services may implement, line 32 interpret, or mak e specific this section, in whole or in part, by line 33 means of information notices, provider bulletins, or other similar line 34 instructions, without further regulatory action.
O
99 — 6 — SB 363
Item: 16
384
AMENDED IN ASSEMBLY MARCH 23, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1166
Introduced by Assembly Member Bains
February 16, 2023
An act to add Section 1799.113 to the Health and Safety Code, relating to emergency response.
legislative counsel’s digest
AB 1166, as amended, Bains. Liability for naloxone hydrochloride opioid antagonist administration.
Existing law provides that a person who, in good f aith and not for compensation, renders emer gency medical or nonmedical care or assistance at the scene of an emergency is not liable for civil damages resulting from an act or omission other than an act or omission constituting gross negligence or willful or wanton misconduct.
This bill would provide that a person who is not trained in emergency medical services or as a health care provider and who, in good faith and not for compensation, renders emergency treatment at the scene of an opioid overdose or suspected opioid overdose by administering naloxone hydrochloride an opioid anta gonist, as defined, is not liable for ci vil damages resulting from an act or omission. omission, except as specified.
The bill w ould also pro vide that a person who furnishes naloxone hydrochloride to that untrained person an opioid antagonist for use at the scene of an opioid o verdose or suspected opioid o verdose is not liable for ci vil damages resulting from an act or omission. omission, except as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
98 Item: 16
385
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 1799.113 is added to the Health and line 2 Safety Code, to read:
line 3 1799.113. (a) (1) A person who is not trained in emer gency line 4 medical services or as a health care pro vider and who, in good line 5 faith and not for compensation, renders emergency treatment at line 6 the scene of an opioid o verdose or suspected opioid overdose by line 7 administering naloxone hydrochloride an opioid antagonist shall line 8 not be liable for civil damages resulting from an act or omission. line 9 omission related to the rendering of the emergency treatment. line 10 (b)
line 11 (2) A person who, in good faith, faith and not for compensation, line 12 furnishes naloxone hydrochloride an opioid antagonist to a person line 13 who is not trained in emer gency medical services or as a health line 14 care pro vider for use at the scene of an opioid o verdose or line 15 suspected opioid o verdose shall not be liable for ci vil damages line 16 resulting from an act or omission. omission related to the furnishing line 17 of the opioid antagonist.
line 18 (b) This section does not apply to an act or omission related to line 19 the rendering of emer gency treatment at the scene of an opioid line 20 overdose or suspected opioid o verdose by means of an opioid line 21 antagonist that constitutes gross negligence or willful or wanton line 22 misconduct.
line 23 (c) For purposes of this section, both of the following apply:
line 24 (1) A person who renders emergency treatment by means of an line 25 opioid antagonist, or who furnishes an opioid anta gonist at the line 26 scene of an opioid o verdose or suspected opioid o verdose, and line 27 who is not compensated for doing so, b ut receives compensation line 28 for other actions as a result of their unrelated employment, is not line 29 “rendering emer gency medical car e or furnishing opioid line 30 antagonist for compensation.”
line 31 (2) “Opioid antagonist” means naloxone hydrochloride or any line 32 other opioid antagonist that is approved by the United States Food line 33 and Drug Administration for the treatment of an opioid overdose.
O
98 — 2 — AB 1166
Item: 16
386
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1572
Introduced by Assembly Member Friedman
February 17, 2023
An act to amend Section 10608.12 of, to add Section 110 to, and to add Chapter 2.5 (commencing with Section 10608.14) to P art 2.55 of Division 6 of, the Water Code, relating to water.
legislative counsel’s digest
AB 1572, as introduced, Friedman. Potable water: nonfunctional turf. (1) Existing law establishes v arious state w ater policies, including the policy that the use of water for domestic purposes is the highest use of water.
This bill would make legislative findings and declarations concerning water use, including that the use of potable w ater to irrig ate nonfunctional turf is wasteful and incompatible with state policy relating to climate change, w ater conserv ation, and reduced reliance on the Sacramento-San Joaquin Delta ecosystem. The bill w ould direct all appropriate state agencies to encourage and support the elimination of irrigation of nonfunctional turf with potable water.
(2) Existing law provides various findings and declarations of the Legislature related to sustainable w ater use and demand reduction.
Existing law imposes v arious water use reduction requirements that apply to urban retail water suppliers, including a requirement that the state achieve a 20% reduction in urban per capita water use by December 31, 2020.
This bill would prohibit the use of potable water, as defined, for the irrigation of nonfunctional turf located on commercial, industrial, municipal, institutional, and multif amily residential properties, as
99 Item: 16
387
specified. The bill w ould require the State Water Resources Control Board to establish, no later than July 1, 2025, specified compliance, certification, and reporting requirements. The bill would require owners of covered properties to certify their compliance with these provisions, as specified. The bill w ould authorize an urban w ater supplier, city, county, or city and county to enforce these pro visions. The bill would place related requirements on the board and the Department of Water Resources, including, beginning July 1, 2028, requiring the board, in collaboration with the department and with assistance from urban water suppliers, to annually conduct a compliance audit for 2 of the state’ s hydrologic regions, so that all of the state’s hydrologic regions receive an audit once e very 5 years, as specified. The bill w ould require the Division of Agriculture and Natural Resources within the office of the President of the Uni versity of California, in consultation with the Department of Education, to disseminate information on nati ve and drought-tolerant plants that support vibrant ecosystems, including pollinators, in schools serving kinder garten and grades 1 through 12 and would additionally require the vice president of the division to, no later then June 30, 2026, report to the Senate Committee on Environmental Quality and the Assembly Committee on Water, Parks, and Wildlife on progress in implementing these pro visions. The bill would require the Go vernor’s Office of Business and Economic Development to support small and minority-o wned b usinesses that provide services that advance compliance with these provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 110 is added to the Water Code, to read:
line 2 110. (a) The Legislature hereby finds and declares all of the line 3 following:
line 4 (1) The use of potable w ater to irrig ate nonfunctional turf is line 5 wasteful and incompatible with state polic y relating to climate line 6 change, w ater conserv ation, and reduced reliance on the line 7 Sacramento-San Joaquin Delta ecosystem.
line 8 (2) The Governor reported in August 2022 that climate change line 9 will bring significant enduring reductions in California’ s water line 10 supply and that the state must take steps to respond to this reality. 99 — 2 — AB 1572
Item: 16
388
line 1 (3) The State of Nevada enacted AB 356 in 2021 to prohibit the line 2 use of Colorado Ri ver water to irrigate nonfunctional turf on all line 3 properties except single-family residences by January 1, 2027. line 4 (b) It is the intent of the Legislature that the irrigation of grasses line 5 for agricultural production shall not be limited by requirements to line 6 eliminate the use of potable water to irrigate nonfunctional turf. line 7 (c) The Legislature hereby directs all appropriate state agencies line 8 to encourage and support the elimination of irrig ation of line 9 nonfunctional turf with potable water.
line 10 SEC. 2. Section 10608.12 of the Water Code is amended to line 11 read:
line 12 10608.12. Unless the context otherwise requires, the following line 13 definitions govern the construction of this part:
line 14 (a) “Affordable housing” has the same meaning as defined in line 15 Section 34191.30 of the Health and Safety Code. line 16 (a)
line 17 (b) “Agricultural water supplier” means a water supplier, either line 18 publicly or pri vately owned, providing water to 10,000 or more line 19 irrigated acres, e xcluding rec ycled w ater. “ Agricultural w ater line 20 supplier” includes a supplier or contractor for water, regardless of line 21 the basis of right, that distributes or sells water for ultimate resale line 22 to customers. “Agricultural water supplier” does not include the line 23 department.
line 24 (b)
line 25 (c) “Base daily per capita water use” means any of the following:
line 26 (1) The urban retail w ater supplier’s estimate of its a verage line 27 gross w ater use, reported in g allons per capita per day and line 28 calculated over a continuous 10-year period ending no earlier than line 29 December 31, 2004, and no later than December 31, 2010. line 30 (2) For an urban retail w ater supplier that meets at least 10 line 31 percent of its 2008 measured retail water demand through recycled line 32 water that is deli vered within the service area of an urban retail line 33 water supplier or its urban wholesale w ater supplier, the urban line 34 retail w ater supplier may e xtend the calculation described in line 35 paragraph (1) up to an additional fiv e years to a maximum of a line 36 continuous 15-year period ending no earlier than December 31, line 37 2004, and no later than December 31, 2010.
line 38 (3) For the purposes of Section 10608.22, the urban retail water line 39 supplier’s estimate of its a verage gross w ater use, reported in line 40 gallons per capita per day and calculated o ver a continuous 99 AB 1572 — 3 —
Item: 16
389
line 1 five-year period ending no earlier than December 31, 2007, and line 2 no later than December 31, 2010.
line 3 (c)
line 4 (d) “Baseline commercial, industrial, and institutional w ater line 5 use” means an urban retail w ater supplier’s base daily per capita line 6 water use for commercial, industrial, and institutional users. line 7 (d)
line 8 (e) “CII w ater use” means w ater used by commercial w ater line 9 users, industrial w ater users, institutional w ater users, and lar ge line 10 landscape water users.
line 11 (e)
line 12 (f) “Commercial water user” means a water user that provides line 13 or distributes a product or service.
line 14 (f)
line 15 (g) “Compliance daily per capita w ater use” means the gross line 16 water use during the final year of the reporting period, reported in line 17 gallons per capita per day.
line 18 (g)
line 19 (h) “Disadvantaged community” means a community with an line 20 annual median household income that is less than 80 percent of line 21 the statewide annual median household income.
line 22 (i) “Division” means the Division of Agriculture and Natural line 23 Resources within the office of the Pr esident of the Univer sity of line 24 California.
line 25 (h)
line 26 (j) “Gross water use” means the total volume of water, whether line 27 treated or untreated, entering the distrib ution system of an urban line 28 retail water supplier, excluding all of the following:
line 29 (1) Recycled water that is delivered within the service area of line 30 an urban retail water supplier or its urban wholesale water supplier. line 31 (2) The net volume of water that the urban retail water supplier line 32 places into long-term storage.
line 33 (3) The volume of water the urban retail water supplier conveys line 34 for use by another urban water supplier.
line 35 (4) The volume of water delivered for agricultural use, e xcept line 36 as otherwise provided in subdivision (f) of Section 10608.24. line 37 (i)
line 38 (k) “Industrial water user” means a water user that is primarily line 39 a manufacturer or processor of materials as defined by the North line 40 American Industry Classification System code sectors 31 to 33, 99 — 4 — AB 1572
Item: 16
390
line 1 inclusive, or an entity that is a w ater user primarily eng aged in line 2 research and development.
line 3 (j)
line 4 (l) “Institutional water user” means a w ater user dedicated to line 5 public service. This type of user includes, among other users, line 6 higher education institutions, schools, courts, churches, hospitals, line 7 government facilities, and nonprofit research institutions. line 8 (k)
line 9 (m) “Interim urban w ater use tar get” means the midpoint line 10 between the urban retail w ater supplier’s base daily per capita line 11 water use and the urban retail w ater supplier’s urban w ater use line 12 target for 2020.
line 13 (l)
line 14 (n) “Large landscape” means a nonresidential landscape as line 15 described in the performance measures for CII water use adopted line 16 pursuant to Section 10609.10.
line 17 (m)
line 18 (o) “Locally cost effective” means that the present value of the line 19 local benefits of implementing an agricultural efficienc y w ater line 20 management practice is greater than or equal to the present value line 21 of the local cost of implementing that measure. line 22 (p) “Multifamily residential property” means a pr operty that line 23 includes a building containing more than four dwelling units. line 24 (q) “Nonfunctional turf” means any turf that is not located in line 25 areas designated by a property owner or a government agency for line 26 recreational use or public assembly. Nonfunctional turf does not line 27 include turf located in cemeteries.
line 28 (n)
line 29 (r) “Performance measures” means actions to be taken by urban line 30 retail w ater suppliers that will result in increased w ater use line 31 efficiency by CII water users. Performance measures may include, line 32 but are not limited to, educating CII w ater users on best line 33 management practices, conducting water use audits, and preparing line 34 water management plans. Performance measures do not include line 35 process water.
line 36 (o)
line 37 (s) “Potable reuse” means direct potable reuse, indirect potable line 38 reuse for groundwater recharge, and reservoir water augmentation line 39 as those terms are defined in Section 13561.
99 AB 1572 — 5 —
Item: 16
391
line 1 (t) “Potable water” means water that is suitable for human line 2 consumption.
line 3 (p)
line 4 (u) “Process water” means water used by industrial water users line 5 for producing a product or product content or w ater used for line 6 research and de velopment. Process w ater includes, b ut is not line 7 limited to, continuous manuf acturing processes, and w ater used line 8 for testing, cleaning, and maintaining equipment. Water used to line 9 cool machinery or buildings used in the manufacturing process or line 10 necessary to maintain product quality or chemical characteristics line 11 for product manuf acturing or control rooms, data centers, line 12 laboratories, clean rooms, and other industrial f acility units that line 13 are inte gral to the manuf acturing or research and de velopment line 14 process is process water. Water used in the manufacturing process line 15 that is necessary for complying with local, state, and federal health line 16 and safety la ws, and is not incidental w ater, is process w ater. line 17 Process water does not mean incidental water uses. line 18 (v) “Public water system” has the same meaning as defined in line 19 Section 116275 of the Health and Safety Code.
line 20 (q)
line 21 (w) “Recycled w ater” means rec ycled w ater, as defined in line 22 subdivision (n) of Section 13050.
line 23 (r)
line 24 (x) “Regional water resources management” means sources of line 25 supply resulting from w atershed-based planning for sustainable line 26 local water reliability or any of the following alternative sources line 27 of water:
line 28 (1) The capture and reuse of stormwater or rainwater. line 29 (2) The use of recycled water.
line 30 (3) The desalination of brackish groundwater.
line 31 (4) The conjunctive use of surface water and groundwater in a line 32 manner that is consistent with the safe yield of the groundw ater line 33 basin.
line 34 (s)
line 35 (y) “Reporting period” means the years for which an urban retail line 36 water supplier reports compliance with the urban water use targets. line 37 (z) “Turf” has the same meaning as defined in Section 491 of line 38 Title 23 of the California Code of Regulations. line 39 (t)
99 — 6 — AB 1572
Item: 16
392
line 1 (aa) “Urban retail water supplier” means a water supplier, either line 2 publicly or pri vately o wned, that directly pro vides potable line 3 municipal water to more than 3,000 end users or that supplies more line 4 than 3,000 acre-feet of potable w ater annually at retail for line 5 municipal purposes.
line 6 (ab) “Urban water supplier” has the same meaning as defined line 7 in Section 10617.
line 8 (u)
line 9 (ac) “Urban water use objective” means an estimate of aggregate line 10 efficient water use for the pre vious year based on adopted w ater line 11 use efficiency standards and local service area characteristics for line 12 that year, as described in Section 10609.20.
line 13 (v)
line 14 (ad) “Urban w ater use tar get” means the urban retail w ater line 15 supplier’s targeted future daily per capita water use. line 16 (w)
line 17 (ae) “Urban wholesale water supplier” means a water supplier, line 18 either publicly or privately owned, that provides more than 3,000 line 19 acre-feet of w ater annually at wholesale for potable municipal line 20 purposes.
line 21 SEC. 3. Chapter 2.5 (commencing with Section 10608.14) is line 22 added to Part 2.55 of Division 6 of the Water Code, to read:
line 23
line 24 Chapter 2.5. Nonfunctional Turf
line 25
line 26 10608.14. (a) The use of potable w ater for the irrig ation of line 27 nonfunctional turf located on commercial, industrial, municipal, line 28 institutional, and multifamily residential properties is prohibited line 29 as of the following dates:
line 30 (1) All properties owned or leased by the Department of General line 31 Services, beginning January 1, 2026.
line 32 (2) All commercial, industrial, municipal, and institutional line 33 properties, e xcept those specified in paragraph (4), be ginning line 34 January 1, 2027.
line 35 (3) All multifamily residential properties, except those specified line 36 in paragraph (4), beginning January 1, 2028.
line 37 (4) All multif amily residential af fordable housing properties line 38 and all municipal properties in a disadv antaged community , line 39 beginning January 1, 2029.
99 AB 1572 — 7 —
Item: 16
393
line 1 (b) The board may e xtend the compliance date for certain line 2 persons, institutions, and businesses by regulation. line 3 (c) The board shall develop and adopt regulations no later than line 4 July 1, 2025, that shall establish all of the following:
line 5 (1) Allowances for compliance extensions, including economic line 6 hardship, critical business need, and any other categories the board line 7 determines are essential to public health and safety. line 8 (2) Methods of compliance certification.
line 9 (3) Reporting requirements for an urban w ater supplier and line 10 public water system.
line 11 (d) Regulations governing the terms and conditions of w ater line 12 service adopted by urban retail w ater suppliers shall include the line 13 requirements of subdivision (a) no later than January 1, 2026. line 14 (e) (1) An o wner of commercial, industrial, municipal, and line 15 institutional property with more than 5,000 square feet of irrigated line 16 area shall certify , commencing June 30, 2028, and e very three line 17 years thereafter , that their property is in compliance with the line 18 requirements of this chapter.
line 19 (2) An owner of a multif amily residential property with more line 20 than 5,000 square feet of irrigated area shall certify, commencing line 21 June 30, 2029, and every three years thereafter, that their property line 22 is in compliance with the requirements of this chapter. line 23 (f) Noncompliance by a person or entity with this chapter or line 24 regulations adopted thereunder shall be subject to ci vil liability line 25 and penalties set forth in Section 1846, or to ci vil liability and line 26 penalties imposed by an urban retail water supplier pursuant to a line 27 locally adopted regulation.
line 28 (g) An urban w ater supplier, city, county, or city and county line 29 may enforce the provisions of this chapter.
line 30 (h) The Public Utilities Commission shall, through a rulemaking line 31 proceeding, or decisions in general rate cases, before January 1, line 32 2026, set penalty amounts for in vestor-owned water companies line 33 that violate the requirements of this chapter.
line 34 (i) (1) Beginning July 1, 2028, the board, in collaboration with line 35 the department, and with assistance from urban w ater suppliers, line 36 shall annually conduct a compliance audit for tw o of the state’ s line 37 hydrologic regions, so that all of the state’ s hydrologic regions line 38 receive an audit once every five years. The audit shall include all line 39 of the following:
99 — 8 — AB 1572
Item: 16
394
line 1 (A) Visual inspections of commercial and industrial properties line 2 known to have large lots and significant landscaping. line 3 (B) Visual inspections of nonresidential properties with line 4 extraordinarily high water use.
line 5 (C) Visual inspections of addresses that ha ve been the subject line 6 of water waste complaints in the past year.
line 7 (2) Visual inspections shall be conducted without entry to line 8 nonpublic properties or premises.
line 9 (3) The board and the department shall post the audit data on line 10 their respective internet websites, including both of the following:
line 11 (A) Number of inspections conducted by property type. line 12 (B) Number of violations identified.
line 13 (4) An urban w ater supplier shall pro vide to the board line 14 information to facilitate compliance audits through the reporting line 15 mechanism established pursuant to Section 116530 of the Health line 16 and Safety Code.
line 17 (j) The department shall, using funds appropriated for w ater line 18 conservation and integrated regional water management, prioritize line 19 financial assistance for nonfunctional turf replacement to w ater line 20 suppliers serving disadv antaged communities and to o wners of line 21 affordable housing.
line 22 (k) The department shall utilize the saveourwater.com internet line 23 website and outreach campaign to pro vide information and line 24 resources on converting nonfunctional turf to native vegetation. line 25 (l) The department shall analyze and quantify how compliance line 26 with this chapter supports the goal of reducing reliance on the line 27 Sacramento-San Joaquin Delta as directed by Di vision 35 line 28 (commencing with Section 85000).
line 29 (m) The division shall, in consultation with the Department of line 30 Education, disseminate information on native and drought-tolerant line 31 plants that support vibrant ecosystems, including pollinators, in line 32 schools serving kindergarten and grades 1 through 12. line 33 (n) The division’s vice president shall, no later than June 30, line 34 2026, report to the Senate Committee on En vironmental Quality line 35 and the Assembly Committee on Water, Parks, and Wildlife on line 36 progress in implementing this chapter.
99 AB 1572 — 9 —
Item: 16
395
line 1 (o) The Go vernor’s Office of Business and Economic line 2 Development shall support small and minority-owned businesses line 3 that provide services that advance compliance with this chapter.
O
99 — 10 — AB 1572
Item: 16
396
SENATE BILL No. 423
Introduced by Senator Wiener
(Principal coauthor: Assembly Member Wicks)
(Coauthor: Assembly Member Grayson)
February 13, 2023
An act to amend Section 65913.4 of the Government Code, relating to land use.
legislative counsel’s digest
SB 423, as introduced, Wiener. Land use: streamlined housing approvals: multifamily housing developments.
Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a multif amily housing development that is subject to a streamlined, ministerial appro val process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first b uilding permit, a land use restriction or covenant providing that any lower or moderate-income housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and f amilies of lower or moderate-income for no less than specified periods of time. Existing la w repeals these provisions on January 1, 2026.
This bill would authorize the Department of General Services to act in the place of a locality or local go vernment, at the discretion of that department, for purposes of the ministerial, streamlined re view for development on property owned by or leased to the state. The bill would delete the January 1, 2026, repeal date, thereby making these provisions operative indefinitely.
99 Item: 16
397
This bill w ould modify the abo ve-described objecti ve planning standards, including by deleting the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if the de velopment is located in a coastal zone, and by providing an alternati ve definition for “af fordable housing costs” for a development that dedicates 100% of units, exclusive of a manager’s unit or units, to lower income households. The bill would, among other modifications, delete the objecti ve planning standards requiring development proponents to pay at least the general pre vailing rate of per diem wages and utilize a skilled and trained workforce and would instead require a de velopment proponent to certify to the local government that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require the Labor Commissioner to enforce the oblig ation to pay pre vailing wages. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill w ould specify that the requirements to pay prevailing wages, use a w orkforce participating in an apprenticeship, or provide health care expenditures do not apply to a project that consists of 10 or fewer units and is not otherwise a public work.
This bill w ould define “objecti ve planning standards” to e xclude specified standards, including local b uilding codes, fire codes, other codes requiring detailed technical specifications, and standards that are not reasonably ascertainable by the local government within specified time limits, as described.
Existing law requires a local government to approve a development if the local government determines the development is consistent with the objecti ve planning standards. Existing la w requires, if the local government determines a submitted development is in conflict with any of the objecti ve planning standards, the local go vernment to pro vide the development proponent written documentation of the standards the development conflicts with and an e xplanation for the conflict within certain timelines depending on the size of the de velopment. Existing law, the Housing Accountability Act, prohibits a local agenc y from disapproving a housing de velopment project, as described, unless it makes specified written findings.
This bill w ould instead require appro val if a local go vernment’s planning director or an y equivalent local government staff, including all rele vant planning and permitting departments, determines the development is consistent with the objecti ve planning standards. The 99 — 2 — SB 423
Item: 16
398
bill would make conforming changes. The bill would prohibit a local government from requiring a de velopment proponent to pro vide consultant studies, as described, or other studies or materials that are unnecessary to ascertain consistenc y with the objecti ve planning standards.
The bill w ould, for purposes of these pro visions, establish that the total number of units in a de velopment includes (1) all projects developed on a site, regardless of when those developments occur, and (2) all projects developed on sites adjacent to a site developed pursuant to these provisions if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to these provisions.
Existing law authorizes the local government’s planning commission or an y equi valent board or commission responsible for re view and approval of development projects, or as otherwise specified, to conduct any design review or public oversight of the development.
This bill would remove the above-described authorization to conduct public oversight of the development and would only authorize design review to be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review.
By imposing additional duties on local officials, the bill would impose a state-mandated local program.
The bill w ould include findings that changes proposed by this bill address a matter of state wide concern rather than a municipal af fair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares that it has line 2 provided reforms and incenti ves to f acilitate and e xpedite the line 3 construction of affordable housing. Those reforms and incentives line 4 can be found in the following provisions:
99 SB 423 — 3 —
Item: 16
399
line 1 (a) Housing element la w (Article 10.6 (commencing with line 2 Section 65580) of Chapter 3 of Di vision 1 of Title 7 of the line 3 Government Code).
line 4 (b) Extension of statute of limitations in actions challenging the line 5 housing element and brought in support of af fordable housing line 6 (subdivision (d) of Section 65009 of the Government Code). line 7 (c) Restrictions on disappro val of housing de velopments line 8 (Section 65589.5 of the Government Code).
line 9 (d) Priority for affordable housing in the allocation of water and line 10 sewer hookups (Section 65589.7 of the Government Code). line 11 (e) Least cost zoning law (Section 65913.1 of the Government line 12 Code).
line 13 (f) Density Bonus La w (Section 65915 of the Go vernment line 14 Code).
line 15 (g) Accessory dwelling units (Sections 65852.150 and 65852.2 line 16 of the Government Code).
line 17 (h) By-right housing, in which certain multif amily housing is line 18 designated a permitted use (Section 65589.4 of the Go vernment line 19 Code).
line 20 (i) No-net-loss-in zoning density law limiting downzonings and line 21 density reductions (Section 65863 of the Government Code). line 22 (j) Requiring persons who sue to halt affordable housing to pay line 23 attorney’s fees (Section 65914 of the Go vernment Code) or post line 24 a bond (Section 529.2 of the Code of Civil Procedure). line 25 (k) Reduced time for action on affordable housing applications line 26 under the appro val of de velopment permits process (Article 5 line 27 (commencing with Section 65950) of Chapter 4.5 of Di vision 1 line 28 of Title 7 of the Government Code).
line 29 (l) Limiting moratoriums on multifamily housing (Section 65858 line 30 of the Government Code).
line 31 (m) Prohibiting discrimination ag ainst af fordable housing line 32 (Section 65008 of the Government Code).
line 33 (n) California F air Emplo yment and Housing Act (P art 2.8 line 34 (commencing with Section 12900) of Division 3 of Title 2 of the line 35 Government Code).
line 36 (o) Community Redevelopment Law (Part 1 (commencing with line 37 Section 33000) of Division 24 of the Health and Safety Code, and line 38 in particular Sections 33334.2 and 33413 of the Health and Safety line 39 Code).
99 — 4 — SB 423
Item: 16
400
line 1 (p) Streamlining housing approvals during a housing shortage line 2 (Section 65913.4 of the Government Code).
line 3 (q) Housing sustainability districts (Chapter 11 (commencing line 4 with Section 66200) of Di vision 1 of Title 7 of the Go vernment line 5 Code).
line 6 (r) Streamlining agricultural emplo yee housing de velopment line 7 approvals (Section 17021.8 of the Health and Safety Code). line 8 (s) Affordable Housing and High Road Jobs Act of 2022 line 9 (Chapter 4.1 (commencing with Section 65912.100) of Di vision line 10 1 of Title 7 of the Government Code).
line 11 SEC. 2. Section 65913.4 of the Government Code is amended line 12 to read:
line 13 65913.4. (a) A de velopment proponent may submit an line 14 application for a de velopment that is subject to the streamlined, line 15 ministerial approval process pro vided by subdi vision (c) and is line 16 not subject to a conditional use permit or any other nonlegislative line 17 discretionary appro val if the de velopment complies with line 18 subdivision (b) and satisfies all of the following objective planning line 19 standards:
line 20 (1) The development is a multifamily housing development that line 21 contains two or more residential units.
line 22 (2) The development and the site on which it is located satisfy line 23 all of the following:
line 24 (A) It is a legal parcel or parcels located in a city if, and only line 25 if, the city boundaries include some portion of either an urbanized line 26 area or urban cluster, as designated by the United States Census line 27 Bureau, or , for unincorporated areas, a le gal parcel or parcels line 28 wholly within the boundaries of an urbanized area or urban cluster, line 29 as designated by the United States Census Bureau. line 30 (B) At least 75 percent of the perimeter of the site adjoins parcels line 31 that are developed with urban uses. For the purposes of this section, line 32 parcels that are only separated by a street or highw ay shall be line 33 considered to be adjoined.
line 34 (C) (i) A site that meets the requirements of clause (ii) and line 35 satisfies any of the following:
line 36 (I) The site is zoned for residential use or residential mixed-use line 37 development.
line 38 (II) The site has a general plan designation that allows residential line 39 use or a mix of residential and nonresidential uses. 99 SB 423 — 5 —
Item: 16
401
line 1 (III) The site is zoned for office or retail commercial use and line 2 meets the requirements of Section 65852.24.
line 3 (ii) At least two-thirds of the square footage of the development line 4 is designated for residential use. Additional density, floor area, line 5 and units, and an y other concession, incenti ve, or w aiver of line 6 development standards granted pursuant to the Density Bonus Law line 7 in Section 65915 shall be included in the square footage line 8 calculation. The square footage of the de velopment shall not line 9 include underground space, such as basements or under ground line 10 parking garages.
line 11 (3) (A) The development proponent has committed to record, line 12 prior to the issuance of the first b uilding permit, a land use line 13 restriction or co venant pro viding that an y lo wer or moderate line 14 income housing units required pursuant to subparagraph (B) of line 15 paragraph (4) shall remain a vailable at af fordable housing costs line 16 or rent to persons and f amilies of lo wer or moderate income line 17 moderate-income for no less than the following periods of time:
line 18 (i) Fifty-five years for units that are rented. line 19 (ii) Forty-five years for units that are owned. line 20 (B) The city or county shall require the recording of covenants line 21 or restrictions implementing this paragraph for each parcel or unit line 22 of real property included in the development.
line 23 (4) The development satisfies subparagraphs clause (i) or (ii) line 24 of subparagraph (A) and satisfies subparagraph (B) below:
line 25 (A) (i) For a development located in a locality that is in its sixth line 26 or earlier housing element cycle , the de velopment is located in line 27 either of the following:
line 28 (A) Is located in
line 29 (I) In a locality that the department has determined is subject line 30 to this subparagraph clause on the basis that the number of units line 31 that have been issued building permits, as shown on the most recent line 32 production report recei ved by the department, is less than the line 33 locality’s share of the regional housing needs, by income category, line 34 for that reporting period. A locality shall remain eligible under line 35 this subparagraph subclause until the department’s determination line 36 for the next reporting period.
line 37 (II) In a locality that the department has determined is subject line 38 to this clause on the basis that the locality did not adopt a housing line 39 element that has been found in substantial compliance with housing line 40 element law (Article 10.6 (commencing with Section 65580) of 99 — 6 — SB 423
Item: 16
402
line 1 Chapter 3) by the department. A locality shall r emain eligible line 2 under this subclause until suc h time as the locality adopts a line 3 housing element that has been found in substantial compliance line 4 with housing element law (Article 10.6 (commencing with Section line 5 65580) of Chapter 3) by the department.
line 6 (ii) For a development located in a locality that is in its seventh line 7 or later housing element cycle , is located in a locality that the line 8 department has determined is subject to this clause on the basis line 9 that the locality did not adopt a housing element that has been line 10 found in substantial compliance with housing element law (Article line 11 10.6 (commencing with Section 65580) of Chapter 3) by the line 12 department by the statutory deadline, or that the number of units line 13 that have been issued building permits, as shown on the most recent line 14 production report received by the department, is less than the line 15 locality’s share of the regional housing needs, by income category, line 16 for that r eporting period. A locality shall r emain eligible under line 17 this subparagraph until the department’ s determination for the line 18 next reporting period.
line 19 (B) The development is subject to a requirement mandating a line 20 minimum percentage of below market rate housing based on one line 21 of the following:
line 22 (i) The locality did not adopt a housing element pur suant to line 23 Section 65588 that has been found in substantial compliance with line 24 the housing element law (Article 10.6 (commencing with Section line 25 65580) of Chapter 3) by the department, did not submit its latest line 26 production report to the department by the time period required line 27 by Section 65400, or that production report submitted to the line 28 department reflects that there were fe wer units of abo ve line 29 moderate-income housing issued b uilding permits than were line 30 required for the regional housing needs assessment cycle for that line 31 reporting period. In addition, if the project contains more than 10 line 32 units of housing, the project does either of the following:
line 33 (I) The project dedicates a minimum of 10 percent of the total line 34 number of units, before calculating any density bonus, to housing line 35 affordable to households making at or below 80 percent of the area line 36 median income. Ho wever, if the locality has adopted a local line 37 ordinance that requires that greater than 10 percent of the units be line 38 dedicated to housing af fordable to households making belo w 80 line 39 percent of the area median income, that local ordinance applies. 99 SB 423 — 7 —
Item: 16
403
line 1 (II) (ia) If the project is located within the San Francisco Bay line 2 area, the project, in lieu of complying with subclause (I), dedicates line 3 20 percent of the total number of units, before calculating an y line 4 density bonus, to housing affordable to households making below line 5 120 percent of the area median income with the a verage income line 6 of the units at or belo w 100 percent of the area median income. line 7 However, a local ordinance adopted by the locality applies if it line 8 requires greater than 20 percent of the units be dedicated to housing line 9 affordable to households making at or belo w 120 percent of the line 10 area median income, or requires that any of the units be dedicated line 11 at a le vel deeper than 120 percent. In order to comply with this line 12 subclause, the rent or sale price charged for units that are dedicated line 13 to housing affordable to households between 80 percent and 120 line 14 percent of the area median income shall not exceed 30 percent of line 15 the gross income of the household.
line 16 (ib) For purposes of this subclause, “San Francisco Bay area” line 17 means the entire area within the territorial boundaries of the line 18 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, line 19 Santa Clara, Solano, and Sonoma, and the City and County of San line 20 Francisco.
line 21 (ii) The locality’s latest production report reflects that there line 22 were fewer units of housing issued building permits affordable to line 23 either v ery lo w income or lo w-income households by income line 24 category than were required for the re gional housing needs line 25 assessment cycle for that reporting period, and the project seeking line 26 approval dedicates 50 percent of the total number of units, before line 27 calculating any density bonus, to housing affordable to households line 28 making at or belo w 80 percent of the area median income. line 29 However, if the locality has adopted a local ordinance that requires line 30 that greater than 50 percent of the units be dedicated to housing line 31 affordable to households making at or below 80 percent of the area line 32 median income, that local ordinance applies.
line 33 (iii) The locality did not submit its latest production report to line 34 the department by the time period required by Section 65400, or line 35 if the production report reflects that there were fe wer units of line 36 housing affordable to both income levels described in clauses (i) line 37 and (ii) that were issued b uilding permits than were required for line 38 the re gional housing needs assessment c ycle for that reporting line 39 period, the project seeking approval may choose between utilizing line 40 clause (i) or (ii).
99 — 8 — SB 423
Item: 16
404
line 1 (C) (i) A development proponent that uses a unit of affordable line 2 housing to satisfy the requirements of subparagraph (B) may also line 3 satisfy any other local or state requirement for affordable housing, line 4 including local ordinances or the Density Bonus La w in Section line 5 65915, provided that the de velopment proponent complies with line 6 the applicable requirements in the state or local la w. If a local line 7 requirement for af fordable housing r equires units that ar e line 8 restricted to households with incomes higher than the applicable line 9 income limits required in subparagraph (B), then units that meet line 10 the applicable income limits r equired in subparagraph (B) shall line 11 be deemed to satisfy those local r equirements for higher income line 12 units.
line 13 (ii) A de velopment proponent that uses a unit of af fordable line 14 housing to satisfy any other state or local affordability requirement line 15 may also satisfy the requirements of subparagraph (B), pro vided line 16 that the de velopment proponent complies with applicable line 17 requirements of subparagraph (B).
line 18 (iii) A de velopment proponent may satisfy the af fordability line 19 requirements of subparagraph (B) with a unit that is restricted to line 20 households with incomes lower than the applicable income limits line 21 required in subparagraph (B).
line 22 (D) The amendments to this subdivision made by the act adding line 23 this subparagraph do not constitute a change in, but are declaratory line 24 of, existing law.
line 25 (5) The development, excluding any additional density or an y line 26 other concessions, incentives, or waivers of development standards line 27 granted for whic h the de velopment is eligible pursuant to the line 28 Density Bonus Law in Section 65915, is consistent with objective line 29 zoning standards, objective subdivision standards, and objecti ve line 30 design review standards in effect at the time that the development line 31 is submitted to the local go vernment pursuant to this section, or line 32 at the time a notice of intent is submitted pursuant to subdivision line 33 (b), whiche ver occurs earlier . F or purposes of this paragraph, line 34 “objective zoning standards, ” “objective subdivision standards,” line 35 and “objecti ve design re view standards” mean standards that line 36 involve no personal or subjecti ve judgment by a public official line 37 and are uniformly v erifiable by reference to an e xternal and line 38 uniform benchmark or criterion a vailable and knowable by both line 39 the development applicant or proponent and the public official line 40 before submittal. These standards may be embodied in alternative 99 SB 423 — 9 —
Item: 16
405
line 1 objective land use specifications adopted by a city or county, and line 2 may include, but are not limited to, housing overlay zones, specific line 3 plans, inclusionary zoning ordinances, and density bonus line 4 ordinances, subject to the following:
line 5 (A) A development shall be deemed consistent with the objective line 6 zoning standards related to housing density , as applicable, if the line 7 density proposed is compliant with the maximum density allowed line 8 within that land use designation, notwithstanding an y specified line 9 maximum unit allocation that may result in fewer units of housing line 10 being permitted.
line 11 (B) In the event that objective zoning, general plan, subdivision, line 12 or design re view standards are mutually inconsistent, a line 13 development shall be deemed consistent with the objective zoning line 14 and subdi vision standards pursuant to this subdi vision if the line 15 development is consistent with the standards set forth in the general line 16 plan.
line 17 (C) It is the intent of the Le gislature that the objective zoning line 18 standards, objective subdivision standards, and objecti ve design line 19 review standards described in this paragraph be adopted or line 20 amended in compliance with the requirements of Chapter 905 of line 21 the Statutes of 2004.
line 22 (D) The amendments to this subdivision made by the act adding line 23 this subparagraph do not constitute a change in, but are declaratory line 24 of, existing law.
line 25 (E) A project that satisfies the requirements of Section 65852.24 line 26 shall be deemed consistent with objecti ve zoning standards, line 27 objective design standards, and objective subdivision standards if line 28 the project is consistent with the pro visions of subdivision (b) of line 29 Section 65852.24 and if none of the square footage in the project line 30 is designated for hotel, motel, bed and breakf ast inn, or other line 31 transient lodging use, except for a residential hotel. For purposes line 32 of this subdivision, “residential hotel” shall have the same meaning line 33 as defined in Section 50519 of the Health and Safety Code. line 34 (6) The development is not located on a site that is an y of the line 35 following:
line 36 (A) A coastal zone, as defined in Di vision 20 (commencing line 37 with Section 30000) of the Public Resources Code. line 38 (B)
line 39 (A) Either prime farmland or farmland of statewide importance, line 40 as defined pursuant to United States Department of Agriculture 99 — 10 — SB 423
Item: 16
406
line 1 land inventory and monitoring criteria, as modified for California, line 2 and designated on the maps prepared by the F armland Mapping line 3 and Monitoring Program of the Department of Conserv ation, or line 4 land zoned or designated for agricultural protection or preservation line 5 by a local ballot measure that w as approved by the voters of that line 6 jurisdiction.
line 7 (C)
line 8 (B) Wetlands, as defined in the United States Fish and Wildlife line 9 Service Manual, Part 660 FW 2 (June 21, 1993). 1993), unless the line 10 development within the wetlands has been authorized pursuant to line 11 federal or other state law.
line 12 (D)
line 13 (C) Within a very high fire hazard severity zone, as determined line 14 by the Department of F orestry and Fire Protection pursuant to line 15 Section 51178, or within a high or v ery high fire hazard severity line 16 zone as indicated on maps adopted by the Department of Forestry line 17 and Fire Protection pursuant to Section 4202 of the Public line 18 Resources Code. This subparagraph does not apply to sites line 19 excluded from the specified hazard zones by a local agenc y, line 20 pursuant to subdi vision (b) of Section 51179, or sites that ha ve line 21 adopted fire hazard mitig ation measures pursuant to e xisting line 22 building standards or state fire mitigation measures applicable to line 23 the development.
line 24 (E)
line 25 (D) A hazardous w aste site that is listed pursuant to Section line 26 65962.5 or a hazardous waste site designated by the Department line 27 of Toxic Substances Control pursuant to Section 25356 of the line 28 Health and Safety Code, unless either of the following apply:
line 29 (i) The site is an underground storage tank site that received a line 30 uniform closure letter issued pursuant to subdivision (g) of Section line 31 25296.10 of the Health and Safety Code based on closure criteria line 32 established by the State Water Resources Control Board for line 33 residential use or residential mix ed uses. This section does not line 34 alter or change the conditions to remo ve a site from the list of line 35 hazardous waste sites listed pursuant to Section 65962.5. line 36 (ii) The State Department of Public Health, State Water line 37 Resources Control Board, Department of Toxic Substances Control, line 38 or a local agency making a determination pursuant to subdivision line 39 (c) of Section 25296.10 of the Health and Safety Code, has 99 SB 423 — 11 —
Item: 16
407
line 1 otherwise determined that the site is suitable for residential use or line 2 residential mixed uses.
line 3 (F)
line 4 (E) Within a delineated earthquake fault zone as determined by line 5 the State Geologist in an y official maps published by the State line 6 Geologist, unless the development complies with applicable seismic line 7 protection b uilding code standards adopted by the California line 8 Building Standards Commission under the California Building line 9 Standards La w (P art 2.5 (commencing with Section 18901) of line 10 Division 13 of the Health and Safety Code), and by an y local line 11 building department under Chapter 12.2 (commencing with Section line 12 8875) of Division 1 of Title 2.
line 13 (G)
line 14 (F) Within a special flood hazard area subject to inundation by line 15 the 1 percent annual chance flood (100-year flood) as determined line 16 by the Federal Emer gency Management Agency in an y official line 17 maps published by the Federal Emergency Management Agency. line 18 If a development proponent is able to satisfy all applicable federal line 19 qualifying criteria in order to pro vide that the site satisfies this line 20 subparagraph and is otherwise eligible for streamlined appro val line 21 under this section, a local government shall not deny the application line 22 on the basis that the development proponent did not comply with line 23 any additional permit requirement, standard, or action adopted by line 24 that local government that is applicable to that site. A development line 25 may be located on a site described in this subparagraph if either line 26 of the following are met:
line 27 (i) The site has been subject to a Letter of Map Re vision line 28 prepared by the Federal Emer gency Management Agency and line 29 issued to the local jurisdiction.
line 30 (ii) The site meets Federal Emer gency Management Agency line 31 requirements necessary to meet minimum flood plain management line 32 criteria of the National Flood Insurance Program pursuant to Part line 33 59 (commencing with Section 59.1) and P art 60 (commencing line 34 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the line 35 Code of Federal Regulations.
line 36 (H)
line 37 (G) Within a regulatory floodway as determined by the Federal line 38 Emergency Management Agency in any official maps published line 39 by the Federal Emer gency Management Agency, unless the line 40 development has recei ved a no-rise certification in accordance 99 — 12 — SB 423
Item: 16
408
line 1 with Section 60.3(d)(3) of Title 44 of the Code of Federal line 2 Regulations. If a de velopment proponent is able to satisfy all line 3 applicable federal qualifying criteria in order to pro vide that the line 4 site satisfies this subparagraph and is otherwise eligible for line 5 streamlined approval under this section, a local government shall line 6 not den y the application on the basis that the de velopment line 7 proponent did not comply with any additional permit requirement, line 8 standard, or action adopted by that local go vernment that is line 9 applicable to that site.
line 10 (I)
line 11 (H) Lands identified for conserv ation in an adopted natural line 12 community conservation plan pursuant to the Natural Community line 13 Conservation Planning Act (Chapter 10 (commencing with Section line 14 2800) of Di vision 3 of the Fish and Game Code), habitat line 15 conservation plan pursuant to the federal Endangered Species Act line 16 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural line 17 resource protection plan.
line 18 (J)
line 19 (I) Habitat for protected species identified as candidate, line 20 sensitive, or species of special status by state or federal agencies, line 21 fully protected species, or species protected by the federal line 22 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), line 23 the California Endangered Species Act (Chapter 1.5 (commencing line 24 with Section 2050) of Division 3 of the Fish and Game Code), or line 25 the Native Plant Protection Act (Chapter 10 (commencing with line 26 Section 1900) of Division 2 of the Fish and Game Code). Code), line 27 unless the de velopment within the habitat has been authorized line 28 pursuant to federal or other state law.
line 29 (K)
line 30 (J) Lands under conservation easement.
line 31 (7) The development is not located on a site where an y of the line 32 following apply:
line 33 (A) The de velopment w ould require the demolition of the line 34 following types of housing:
line 35 (i) Housing that is subject to a recorded co venant, ordinance, line 36 or la w that restricts rents to le vels af fordable to persons and line 37 families of moderate, low, or very low income.
line 38 (ii) Housing that is subject to any form of rent or price control line 39 through a public entity’s valid exercise of its police power. 99 SB 423 — 13 —
Item: 16
409
line 1 (iii) Housing that has been occupied by tenants within the past line 2 10 years.
line 3 (B) The site was previously used for housing that was occupied line 4 by tenants that w as demolished within 10 years before the line 5 development proponent submits an application under this section. line 6 (C) The development would require the demolition of a historic line 7 structure that w as placed on a national, state, or local historic line 8 register.
line 9 (D) The property contains housing units that are occupied by line 10 tenants, and units at the property are, or were, subsequently offered line 11 for sale to the general public by the subdivider or subsequent owner line 12 of the property.
line 13 (8) The development proponent has done both of the following, line 14 as applicable:
line 15 (A) Certified to the locality that either of the following is true, line 16 as applicable:
line 17 (i) The entirety of the development is a public work for purposes line 18 of Chapter 1 (commencing with Section 1720) of Part 7 of Division line 19 2 of the Labor Code.
line 20 (ii) If the development is not in its entirety a public w ork, that line 21 all construction w orkers emplo yed in the e xecution of the line 22 development will be paid at least the general prevailing rate of per line 23 diem w ages for the type of w ork and geographic area, as line 24 determined by the Director of Industrial Relations pursuant to line 25 Sections 1773 and 1773.9 of the Labor Code, e xcept that line 26 apprentices registered in programs appro ved by the Chief of the line 27 Division of Apprenticeship Standards may be paid at least the line 28 applicable apprentice prevailing rate. If the development is subject line 29 to this subparagraph, then for those portions of the de velopment line 30 that are not a public work all of the following shall apply:
line 31 (I) The development proponent shall ensure that the prevailing line 32 wage requirement is included in all contracts for the performance line 33 of the work.
line 34 (II) All contractors and subcontractors shall pay to all line 35 construction workers employed in the e xecution of the w ork at line 36 least the general pre vailing rate of per diem w ages, except that line 37 apprentices registered in programs appro ved by the Chief of the line 38 Division of Apprenticeship Standards may be paid at least the line 39 applicable apprentice prevailing rate.
99 — 14 — SB 423
Item: 16
410
line 1 (III) Except as pro vided in subclause (V), all contractors and line 2 subcontractors shall maintain and verify payroll records pursuant line 3 to Section 1776 of the Labor Code and mak e those records line 4 available for inspection and copying as provided therein. line 5 (IV) Except as provided in subclause (V), the obligation of the line 6 contractors and subcontractors to pay pre vailing wages may be line 7 enforced by the Labor Commissioner through the issuance of a line 8 civil wage and penalty assessment pursuant to Section 1741 of the line 9 Labor Code, which may be reviewed pursuant to Section 1742 of line 10 the Labor Code, within 18 months after the completion of the line 11 development, by an underpaid w orker through an administrati ve line 12 complaint or ci vil action, or by a joint labor -management line 13 committee through a civil action under Section 1771.2 of the Labor line 14 Code. If a ci vil w age and penalty assessment is issued, the line 15 contractor, subcontractor, and surety on a bond or bonds issued to line 16 secure the payment of wages covered by the assessment shall be line 17 liable for liquidated damages pursuant to Section 1742.1 of the line 18 Labor Code.
line 19 (V) Subclauses (III) and (IV) shall not apply if all contractors line 20 and subcontractors performing work on the development are subject line 21 to a project labor agreement that requires the payment of prevailing line 22 wages to all construction w orkers employed in the e xecution of line 23 the development and provides for enforcement of that oblig ation line 24 through an arbitration procedure. F or purposes of this clause, line 25 “project labor agreement” has the same meaning as set forth in line 26 paragraph (1) of subdi vision (b) of Section 2500 of the Public line 27 Contract Code.
line 28 (VI) Notwithstanding subdivision (c) of Section 1773.1 of the line 29 Labor Code, the requirement that employer payments not reduce line 30 the obligation to pay the hourly straight time or o vertime wages line 31 found to be prevailing shall not apply if otherwise pro vided in a line 32 bona fide collecti ve bargaining agreement co vering the w orker. line 33 The requirement to pay at least the general pre vailing rate of per line 34 diem w ages does not preclude use of an alternati ve w orkweek line 35 schedule adopted pursuant to Section 511 or 514 of the Labor line 36 Code.
line 37 (B) (i) For de velopments for which an y of the follo wing line 38 conditions apply, certified that a skilled and trained w orkforce line 39 shall be used to complete the de velopment if the application is line 40 approved:
99 SB 423 — 15 —
Item: 16
411
line 1 (I) On and after January 1, 2018, until December 31, 2021, the line 2 development consists of 75 or more units with a residential line 3 component that is not 100 percent subsidized af fordable housing line 4 and will be located within a jurisdiction located in a coastal or bay line 5 county with a population of 225,000 or more.
line 6 (II) On and after January 1, 2022, until December 31, 2025, the line 7 development consists of 50 or more units with a residential line 8 component that is not 100 percent subsidized af fordable housing line 9 and will be located within a jurisdiction located in a coastal or bay line 10 county with a population of 225,000 or more.
line 11 (III) On and after January 1, 2018, until December 31, 2019, line 12 the development consists of 75 or more units with a residential line 13 component that is not 100 percent subsidized af fordable housing line 14 and will be located within a jurisdiction with a population of fewer line 15 than 550,000 and that is not located in a coastal or bay county. line 16 (IV) On and after January 1, 2020, until December 31, 2021, line 17 the development consists of more than 50 units with a residential line 18 component that is not 100 percent subsidized af fordable housing line 19 and will be located within a jurisdiction with a population of fewer line 20 than 550,000 and that is not located in a coastal or bay county. line 21 (V) On and after January 1, 2022, until December 31, 2025, the line 22 development consists of more than 25 units with a residential line 23 component that is not 100 percent subsidized af fordable housing line 24 and will be located within a jurisdiction with a population of fewer line 25 than 550,000 and that is not located in a coastal or bay county. line 26 (ii) For purposes of this section, “skilled and trained workforce” line 27 has the same meaning as pro vided in Chapter 2.9 (commencing line 28 with Section 2600) of Part 1 of Division 2 of the Public Contract line 29 Code.
line 30 (iii) If the de velopment proponent has certified that a skilled line 31 and trained workforce will be used to complete the de velopment line 32 and the application is approved, the following shall apply:
line 33 (I) The applicant shall require in all contracts for the line 34 performance of w ork that e very contractor and subcontractor at line 35 every tier will individually use a skilled and trained workforce to line 36 complete the development.
line 37 (II) Every contractor and subcontractor shall use a skilled and line 38 trained workforce to complete the development.
line 39 (III) Except as provided in subclause (IV), the applicant shall line 40 provide to the locality, on a monthly basis while the development 99 — 16 — SB 423
Item: 16
412
line 1 or contract is being performed, a report demonstrating compliance line 2 with Chapter 2.9 (commencing with Section 2600) of P art 1 of line 3 Division 2 of the Public Contract Code. A monthly report provided line 4 to the locality pursuant to this subclause shall be a public record line 5 under the California Public Records Act (Division 10 (commencing line 6 with Section 7920.000) of Title 1) and shall be open to public line 7 inspection. An applicant that f ails to pro vide a monthly report line 8 demonstrating compliance with Chapter 2.9 (commencing with line 9 Section 2600) of Part 1 of Division 2 of the Public Contract Code line 10 shall be subject to a civil penalty of ten thousand dollars ($10,000) line 11 per month for each month for which the report has not been line 12 provided. Any contractor or subcontractor that fails to use a skilled line 13 and trained w orkforce shall be subject to a ci vil penalty of tw o line 14 hundred dollars ($200) per day for each w orker emplo yed in line 15 contravention of the skilled and trained w orkforce requirement. line 16 Penalties may be assessed by the Labor Commissioner within 18 line 17 months of completion of the de velopment using the same line 18 procedures for issuance of ci vil w age and penalty assessments line 19 pursuant to Section 1741 of the Labor Code, and may be reviewed line 20 pursuant to the same procedures in Section 1742 of the Labor line 21 Code. Penalties shall be paid to the State Public Works line 22 Enforcement Fund.
line 23 (IV) Subclause (III) shall not apply if all contractors and line 24 subcontractors performing work on the de velopment are subject line 25 to a project labor agreement that requires compliance with the line 26 skilled and trained w orkforce requirement and pro vides for line 27 enforcement of that oblig ation through an arbitration procedure. line 28 For purposes of this subparagraph, “project labor agreement” has line 29 the same meaning as set forth in paragraph (1) of subdivision (b) line 30 of Section 2500 of the Public Contract Code.
line 31 (C) Notwithstanding subparagraphs (A) and (B), a development line 32 that is subject to approval pursuant to this section is exempt from line 33 any requirement to pay pre vailing w ages or use a skilled and line 34 trained workforce if it meets both of the following:
line 35 (i) The project includes 10 or fewer units.
line 36 (ii) The project is not a public work for purposes of Chapter 1 line 37 (commencing with Section 1720) of P art 7 of Di vision 2 of the line 38 Labor Code.
line 39 (9) The development did not or does not involve a subdivision line 40 of a parcel that is, or, notwithstanding this section, would otherwise 99 SB 423 — 17 —
Item: 16
413
line 1 be, subject to the Subdivision Map Act (Division 2 (commencing line 2 with Section 66410)) or any other applicable law authorizing the line 3 subdivision of land, unless the development is consistent with all line 4 objective subdivision standards in the local subdivision ordinance, line 5 and either of the following apply:
line 6 (A) The development has received or will receive financing or line 7 funding by means of a low-income housing tax credit and is subject line 8 to the requirement that pre vailing w ages be paid pursuant to line 9 subparagraph (A) of paragraph (8).
line 10 (B) The de velopment is subject to the requirement that line 11 prevailing wages be paid, and a skilled and trained workforce used, line 12 pursuant to paragraph (8).
line 13 (8) Except as pr ovided in par agraph (9), a pr oponent of a line 14 development project approved by a local government pursuant to line 15 this section shall require in contracts with construction contractors, line 16 and shall certify to the local go vernment, that the following line 17 standards specified in this par agraph will be met in pr oject line 18 construction, as applicable:
line 19 (A) A development that is not in its entir ety a public work for line 20 purposes of Chapter 1 (commencing with Section 1720) of Part 7 line 21 of Division 2 of the Labor Code and appr oved by a local line 22 government pur suant to Article 2 (commencing with Section line 23 65912.110) or Article 3 (commencing with Section 65912.120) line 24 shall be subject to all of the following:
line 25 (i) All construction work ers employed in the e xecution of the line 26 development shall be paid at least the g eneral prevailing rate of line 27 per diem wa ges for the type of work and g eographic area, as line 28 determined by the Dir ector of Industrial Relations pur suant to line 29 Sections 1773 and 1773.9 of the Labor Code , e xcept that line 30 apprentices registered in programs approved by the Chief of the line 31 Division of Apprenticeship Standards may be paid at least the line 32 applicable apprentice prevailing rate.
line 33 (ii) The development proponent shall ensure that the prevailing line 34 wage requirement is included in all contracts for the performance line 35 of the work for those portions of the de velopment that are not a line 36 public work.
line 37 (iii) All contractors and subcontr actors for those portions of line 38 the development that are not a public work shall comply with both line 39 of the following:
99 — 18 — SB 423
Item: 16
414
line 1 (I) Pay to all construction work ers employed in the e xecution line 2 of the work at least the general prevailing rate of per diem wages, line 3 except that appr entices registered in pr ograms approved by the line 4 Chief of the Division of Apprenticeship Standards may be paid at line 5 least the applicable apprentice prevailing rate. line 6 (II) Maintain and verify payr oll records pur suant to Section line 7 1776 of the Labor Code and mak e those r ecords available for line 8 inspection and copying as provided in that section. This subclause line 9 does not apply if all contr actors and subcontractors performing line 10 work on the development are subject to a project labor agreement line 11 that requires the payment of prevailing wages to all construction line 12 workers employed in the execution of the development and provides line 13 for enfor cement of that obligation thr ough an arbitr ation line 14 procedure. F or purposes of this subclause , “pr oject labor line 15 agreement” has the same meaning as set forth in par agraph (1) line 16 of subdivision (b) of Section 2500 of the Public Contract Code. line 17 (B) (i) The obligation of the contractors and subcontractors to line 18 pay prevailing wages pursuant to this paragraph may be enforced line 19 by any of the following:
line 20 (I) The Labor Commissioner thr ough the issuance of a civil line 21 wage and penalty assessment pursuant to Section 1741 of the Labor line 22 Code, which may be r eviewed pur suant to Section 1742 of the line 23 Labor Code , within 18 months after the completion of the line 24 development.
line 25 (II) An underpaid worker through an administrative complaint line 26 or civil action.
line 27 (III) A joint labor-management committee through a civil action line 28 under Section 1771.2 of the Labor Code.
line 29 (ii) If a civil wage and penalty assessment is issued pursuant to line 30 this par agraph, the contr actor, subcontr actor, and sur ety on a line 31 bond or bonds issued to secure the payment of wages covered by line 32 the assessment shall be liable for liquidated damages pursuant to line 33 Section 1742.1 of the Labor Code.
line 34 (iii) This par agraph does not apply if all contr actors and line 35 subcontractors performing work on the de velopment are subject line 36 to a pr oject labor a greement that r equires the payment of line 37 prevailing wa ges to all construction work ers employed in the line 38 execution of the development and provides for enforcement of that line 39 obligation through an arbitration procedure. For purposes of this line 40 clause, “project labor agreement” has the same meaning as set 99 SB 423 — 19 —
Item: 16
415
line 1 forth in par agraph (1) of subdivision (b) of Section 2500 of the line 2 Public Contract Code.
line 3 (C) Notwithstanding subdivision (c) of Section 1773.1 of the line 4 Labor Code, the requirement that employer payments not reduce line 5 the obligation to pay the hourly str aight time or overtime wages line 6 found to be pr evailing does not apply to those portions of line 7 development that are not a public work if otherwise provided in a line 8 bona fide collective bargaining agreement covering the worker. line 9 (D) The r equirement of this par agraph to pay at least the line 10 general prevailing rate of per diem wa ges does not preclude use line 11 of an alternative workweek schedule adopted pursuant to Section line 12 511 or 514 of the Labor Code.
line 13 (E) A development of 50 or more housing units approved by a line 14 local government pursuant to this section shall meet all of the line 15 following labor standards:
line 16 (i) The development proponent shall require in contracts with line 17 construction contractors and shall certify to the local government line 18 that each contractor of any tier who will employ construction craft line 19 employees or will let subcontr acts for at least 1,000 hour s shall line 20 satisfy the r equirements in clauses (ii) and (iii). A construction line 21 contractor is deemed in compliance with clauses (ii) and (iii) if it line 22 is signatory to a valid collective bar gaining a greement that line 23 requires utilization of registered apprentices and expenditures on line 24 health care for employees and dependents.
line 25 (ii) A contractor with construction craft employees shall either line 26 participate in an appr enticeship pr ogram appr oved by the line 27 California Division of Apprenticeship Standar ds pur suant to line 28 Section 3075 of the Labor Code , or r equest the dispatc h of line 29 apprentices from a state-approved apprenticeship program under line 30 the terms and conditions set forth in Section 1777.5 of the Labor line 31 Code. A contr actor without construction cr aft employees shall line 32 show a contractual obligation that its subcontractors comply with line 33 this clause.
line 34 (iii) Each contractor with construction cr aft employees shall line 35 make health car e expenditures for eac h employee in an amount line 36 per hour work ed on the de velopment equivalent to at least the line 37 hourly pro rata cost of a Covered California Platinum level plan line 38 for two adults 40 year s of age and two dependents 0 to 14 year s line 39 of a ge for the Co vered California r ating ar ea in whic h the line 40 development is located. A contractor without construction cr aft 99 — 20 — SB 423
Item: 16
416
line 1 employees shall show a contr actual obligation that its line 2 subcontractors comply with this clause . Qualifying expenditures line 3 shall be credited toward compliance with prevailing wage payment line 4 requirements set forth in this paragraph.
line 5 (iv) (I) The development proponent shall provide to the local line 6 government, on a monthly basis while its construction contr acts line 7 on the development are being performed, a report demonstrating line 8 compliance with clauses (ii) and (iii). The r eports shall be line 9 considered public r ecords under the California Public Recor ds line 10 Act (Division 10 (commencing with Section 7920.000) of Title 1), line 11 and shall be open to public inspection.
line 12 (II) A development proponent that fails to provide the monthly line 13 report shall be subject to a civil penalty for each month for which line 14 the report has not been provided, in the amount of 10 per cent of line 15 the dollar value of construction work performed by that contractor line 16 on the development in the month in question, up to a maximum of line 17 ten thousand dollars ($10,000). Any contractor or subcontractor line 18 that fails to comply with clauses (ii) and (iii) shall be subject to a line 19 civil penalty of two hundred dollars ($200) per day for each worker line 20 employed in contravention of clauses (ii) and (iii). line 21 (III) Penalties may be assessed by the Labor Commissioner line 22 within 18 months of completion of the de velopment using the line 23 procedures for issuance of civil wa ge and penalty assessments line 24 specified in Section 1741 of the Labor Code, and may be reviewed line 25 pursuant to Section 1742 of the Labor Code . Penalties shall be line 26 deposited in the State Public Works Enforcement Fund established line 27 pursuant to Section 1771.3 of the Labor Code.
line 28 (v) Each construction contr actor shall maintain and verify line 29 payroll records pursuant to Section 1776 of the Labor Code. Each line 30 construction contractor shall submit payr oll records directly to line 31 the Labor Commissioner at least monthly in a format pr escribed line 32 by the Labor Commissioner in accordance with subparagraph (A) line 33 of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor line 34 Code. The records shall include a statement of fring e benefits. line 35 Upon request by a joint labor-management cooperation committee line 36 established pur suant to the F ederal Labor Mana gement line 37 Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall line 38 be provided pursuant to subdivision (e) of Section 1776 of the line 39 Labor Code.
99 SB 423 — 21 —
Item: 16
417
line 1 (vi) All construction contr actors shall r eport any c hange in line 2 apprenticeship program participation or health care expenditures line 3 to the local government within 10 business days, and shall reflect line 4 those c hanges on the monthly r eport. The r eports shall be line 5 considered public r ecords pur suant to the California Public line 6 Records Act (Division 10 (commencing with Section 7920.000) of line 7 Title 1) and shall be open to public inspection. line 8 (vii) A joint labor -management cooper ation committee line 9 established pur suant to the F ederal Labor Mana gement line 10 Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing line 11 to sue a construction contr actor for failure to mak e health care line 12 expenditures pursuant to clause (iii) in accor dance with Section line 13 218.7 or 218.8 of the Labor Code.
line 14 (9) Notwithstanding paragraph (8), a development that is subject line 15 to approval pursuant to this section is exempt from any requirement line 16 to pay pr evailing wa ges, use a workfor ce participating in an line 17 apprenticeship, or provide health care expenditures if it satisfies line 18 both of the following:
line 19 (A) The project consists of 10 or fewer units. line 20 (B) The project is not a public work for purposes of Chapter 1 line 21 (commencing with Section 1720) of P art 7 of Division 2 of the line 22 Labor Code.
line 23 (10) The development shall not be upon an e xisting parcel of line 24 land or site that is governed under the Mobilehome Residency Law line 25 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 line 26 of Division 2 of the Ci vil Code), the Recreational Vehicle Park line 27 Occupancy Law (Chapter 2.6 (commencing with Section 799.20) line 28 of Title 2 of P art 2 of Di vision 2 of the Ci vil Code), the line 29 Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) line 30 of Division 13 of the Health and Safety Code), or the Special line 31 Occupancy Parks Act (Part 2.3 (commencing with Section 18860) line 32 of Division 13 of the Health and Safety Code).
line 33 (b) (1) (A) (i) Before submitting an application for a line 34 development subject to the streamlined, ministerial appro val line 35 process described in subdivision (c), the development proponent line 36 shall submit to the local government a notice of its intent to submit line 37 an application. The notice of intent shall be in the form of a line 38 preliminary application that includes all of the information line 39 described in Section 65941.1, as that section read on January 1, line 40 2020.
99 — 22 — SB 423
Item: 16
418
line 1 (ii) Upon receipt of a notice of intent to submit an application line 2 described in clause (i), the local go vernment shall eng age in a line 3 scoping consultation re garding the proposed de velopment with line 4 any California Nati ve American tribe that is traditionally and line 5 culturally affiliated with the geographic area, as described in line 6 Section 21080.3.1 of the Public Resources Code, of the proposed line 7 development. In order to expedite compliance with this subdivision, line 8 the local government shall contact the Native American Heritage line 9 Commission for assistance in identifying an y California Nati ve line 10 American tribe that is traditionally and culturally affiliated with line 11 the geographic area of the proposed development. line 12 (iii) The timeline for noticing and commencing a scoping line 13 consultation in accordance with this subdivision shall be as follows:
line 14 (I) The local go vernment shall pro vide a formal notice of a line 15 development proponent’s notice of intent to submit an application line 16 described in clause (i) to each California Nati ve American tribe line 17 that is traditionally and culturally affiliated with the geographic line 18 area of the proposed development within 30 days of receiving that line 19 notice of intent. The formal notice pro vided pursuant to this line 20 subclause shall include all of the following:
line 21 (ia) A description of the proposed development. line 22 (ib) The location of the proposed development. line 23 (ic) An in vitation to eng age in a scoping consultation in line 24 accordance with this subdivision.
line 25 (II) Each California Native American tribe that receives a formal line 26 notice pursuant to this clause shall have 30 days from the receipt line 27 of that notice to accept the in vitation to eng age in a scoping line 28 consultation.
line 29 (III) If the local go vernment receives a response accepting an line 30 invitation to eng age in a scoping consultation pursuant to this line 31 subdivision, the local go vernment shall commence the scoping line 32 consultation within 30 days of receiving that response. line 33 (B) The scoping consultation shall recognize that California line 34 Native American tribes traditionally and culturally affiliated with line 35 a geographic area ha ve knowledge and expertise concerning the line 36 resources at issue and shall tak e into account the cultural line 37 significance of the resource to the culturally affiliated California line 38 Native American tribe.
line 39 (C) The parties to a scoping consultation conducted pursuant line 40 to this subdivision shall be the local government and any California 99 SB 423 — 23 —
Item: 16
419
line 1 Native American tribe traditionally and culturally affiliated with line 2 the geographic area of the proposed development. More than one line 3 California Nati ve American tribe traditionally and culturally line 4 affiliated with the geographic area of the proposed de velopment line 5 may participate in the scoping consultation. Ho wever, the local line 6 government, upon the request of any California Native American line 7 tribe traditionally and culturally affiliated with the geographic area line 8 of the proposed development, shall engage in a separate scoping line 9 consultation with that California Nati ve American tribe. The line 10 development proponent and its consultants may participate in a line 11 scoping consultation process conducted pursuant to this subdivision line 12 if all of the following conditions are met:
line 13 (i) The de velopment proponent and its consultants agree to line 14 respect the principles set forth in this subdivision. line 15 (ii) The development proponent and its consultants eng age in line 16 the scoping consultation in good faith.
line 17 (iii) The California Native American tribe participating in the line 18 scoping consultation approves the participation of the development line 19 proponent and its consultants. The California Nati ve American line 20 tribe may rescind its appro val at an y time during the scoping line 21 consultation, either for the duration of the scoping consultation or line 22 with respect to an y particular meeting or discussion held as part line 23 of the scoping consultation.
line 24 (D) The participants to a scoping consultation pursuant to this line 25 subdivision shall comply with all of the following confidentiality line 26 requirements:
line 27 (i) Section 7927.000.
line 28 (ii) Section 7927.005.
line 29 (iii) Subdivision (c) of Section 21082.3 of the Public Resources line 30 Code.
line 31 (iv) Subdivision (d) of Section 15120 of Title 14 of the line 32 California Code of Regulations.
line 33 (v) Any additional confidentiality standards adopted by the line 34 California Nati ve American tribe participating in the scoping line 35 consultation.
line 36 (E) The California En vironmental Quality Act (Di vision 13 line 37 (commencing with Section 21000) of the Public Resources Code) line 38 shall not apply to a scoping consultation conducted pursuant to line 39 this subdivision.
99 — 24 — SB 423
Item: 16
420
line 1 (2) (A) If, after concluding the scoping consultation, the parties line 2 find that no potential tribal cultural resource would be affected by line 3 the proposed development, the development proponent may submit line 4 an application for the proposed development that is subject to the line 5 streamlined, ministerial approval process described in subdivision line 6 (c).
line 7 (B) If, after concluding the scoping consultation, the parties line 8 find that a potential tribal cultural resource could be af fected by line 9 the proposed de velopment and an enforceable agreement is line 10 documented between the California Native American tribe and the line 11 local government on methods, measures, and conditions for tribal line 12 cultural resource treatment, the development proponent may submit line 13 the application for a de velopment subject to the streamlined, line 14 ministerial approval process described in subdivision (c). The local line 15 government shall ensure that the enforceable agreement is included line 16 in the requirements and conditions for the proposed development. line 17 (C) If, after concluding the scoping consultation, the parties line 18 find that a potential tribal cultural resource could be af fected by line 19 the proposed de velopment and an enforceable agreement is not line 20 documented between the California Native American tribe and the line 21 local government regarding methods, measures, and conditions line 22 for tribal cultural resource treatment, the de velopment shall not line 23 be eligible for the streamlined, ministerial appro val process line 24 described in subdivision (c).
line 25 (D) For purposes of this paragraph, a scoping consultation shall line 26 be deemed to be concluded if either of the following occur:
line 27 (i) The parties to the scoping consultation document an line 28 enforceable agreement concerning methods, measures, and line 29 conditions to avoid or address potential impacts to tribal cultural line 30 resources that are or may be present.
line 31 (ii) One or more parties to the scoping consultation, acting in line 32 good f aith and after reasonable ef fort, conclude that a mutual line 33 agreement on methods, measures, and conditions to a void or line 34 address impacts to tribal cultural resources that are or may be line 35 present cannot be reached.
line 36 (E) If the de velopment or en vironmental setting substantially line 37 changes after the completion of the scoping consultation, the local line 38 government shall notify the California Nati ve American tribe of line 39 the changes and eng age in a subsequent scoping consultation if line 40 requested by the California Native American tribe. 99 SB 423 — 25 —
Item: 16
421
line 1 (3) A local go vernment may only accept an application for line 2 streamlined, ministerial approval pursuant to this section if one of line 3 the following applies:
line 4 (A) A California Native American tribe that received a formal line 5 notice of the development proponent’s notice of intent to submit line 6 an application pursuant to subclause (I) of clause (iii) of line 7 subparagraph (A) of paragraph (1) did not accept the invitation to line 8 engage in a scoping consultation.
line 9 (B) The California Native American tribe accepted an invitation line 10 to engage in a scoping consultation pursuant to subclause (II) of line 11 clause (iii) of subparagraph (A) of paragraph (1) but substantially line 12 failed to eng age in the scoping consultation after repeated line 13 documented attempts by the local go vernment to eng age the line 14 California Native American tribe.
line 15 (C) The parties to a scoping consultation pursuant to this line 16 subdivision find that no potential tribal cultural resource will be line 17 affected by the proposed de velopment pursuant to subparagraph line 18 (A) of paragraph (2).
line 19 (D) A scoping consultation between a California Nati ve line 20 American tribe and the local go vernment has occurred in line 21 accordance with this subdi vision and resulted in agreement line 22 pursuant to subparagraph (B) of paragraph (2).
line 23 (4) A project shall not be eligible for the streamlined, ministerial line 24 process described in subdivision (c) if any of the following apply:
line 25 (A) There is a tribal cultural resource that is on a national, state, line 26 tribal, or local historic register list located on the site of the project. line 27 (B) There is a potential tribal cultural resource that could be line 28 affected by the proposed development and the parties to a scoping line 29 consultation conducted pursuant to this subdi vision do not line 30 document an enforceable agreement on methods, measures, and line 31 conditions for tribal cultural resource treatment, as described in line 32 subparagraph (C) of paragraph (2).
line 33 (C) The parties to a scoping consultation conducted pursuant line 34 to this subdi vision do not agree as to whether a potential tribal line 35 cultural resource will be affected by the proposed development. line 36 (5) (A) If, after a scoping consultation conducted pursuant to line 37 this subdi vision, a project is not eligible for the streamlined, line 38 ministerial process described in subdi vision (c) for an y or all of line 39 the following reasons, the local government shall provide written line 40 documentation of that f act, and an e xplanation of the reason for 99 — 26 — SB 423
Item: 16
422
line 1 which the project is not eligible, to the de velopment proponent line 2 and to any California Native American tribe that is a party to that line 3 scoping consultation:
line 4 (i) There is a tribal cultural resource that is on a national, state, line 5 tribal, or local historic register list located on the site of the project, line 6 as described in subparagraph (A) of paragraph (4). line 7 (ii) The parties to the scoping consultation have not documented line 8 an enforceable agreement on methods, measures, and conditions line 9 for tribal cultural resource treatment, as described in subparagraph line 10 (C) of paragraph (2) and subparagraph (B) of paragraph (4). line 11 (iii) The parties to the scoping consultation do not agree as to line 12 whether a potential tribal cultural resource will be affected by the line 13 proposed de velopment, as described in subparagraph (C) of line 14 paragraph (4).
line 15 (B) The written documentation pro vided to a de velopment line 16 proponent pursuant to this paragraph shall include information on line 17 how the development proponent may seek a conditional use permit line 18 or other discretionary approval of the development from the local line 19 government.
line 20 (6) This section is not intended, and shall not be construed, to line 21 limit consultation and discussion between a local government and line 22 a California Nati ve American tribe pursuant to other applicable line 23 law, confidentiality pro visions under other applicable la w, the line 24 protection of religious exercise to the fullest extent permitted under line 25 state and federal law, or the ability of a California Native American line 26 tribe to submit information to the local government or participate line 27 in any process of the local government.
line 28 (7) For purposes of this subdivision:
line 29 (A) “Consultation” means the meaningful and timely process line 30 of seeking, discussing, and considering carefully the vie ws of line 31 others, in a manner that is cognizant of all parties’ cultural values line 32 and, where feasible, seeking agreement. Consultation between line 33 local governments and Native American tribes shall be conducted line 34 in a w ay that is mutually respectful of each party’ s sovereignty. line 35 Consultation shall also recognize the tribes’ potential needs for line 36 confidentiality with respect to places that ha ve traditional tribal line 37 cultural importance. A lead agenc y shall consult the tribal line 38 consultation best practices described in the “State of California line 39 Tribal Consultation Guidelines: Supplement to the General Plan line 40 Guidelines” prepared by the Office of Planning and Research. 99 SB 423 — 27 —
Item: 16
423
line 1 (B) “Scoping” means the act of participating in early discussions line 2 or in vestigations between the local go vernment and California line 3 Native American tribe, and the de velopment proponent if line 4 authorized by the California Native American tribe, regarding the line 5 potential effects a proposed development could have on a potential line 6 tribal cultural resource, as defined in Section 21074 of the Public line 7 Resources Code, or California Native American tribe, as defined line 8 in Section 21073 of the Public Resources Code.
line 9 (8) This subdivision shall not apply to any project that has been line 10 approved under the streamlined, ministerial appro val process line 11 provided under this section before the ef fective date of the act line 12 adding this subdivision.
line 13 (c) (1) If a local government government’s planning director line 14 or any equivalent local go vernment staff, including all r elevant line 15 planning and permitting departments, determines that a line 16 development submitted pursuant to this section is consistent with line 17 the objective planning standards specified in subdi vision (a) and line 18 pursuant to paragraph (3) of this subdivision, it shall approve the line 19 development. If a local go vernment determines Upon a line 20 determination that a development submitted pursuant to this section line 21 is in conflict with any of the objective planning standards specified line 22 in subdivision (a), it the local go vernment staff or relevant local line 23 planning and permitting department that made the determination line 24 shall provide the development proponent written documentation line 25 of which standard or standards the de velopment conflicts with, line 26 and an e xplanation for the reason or reasons the de velopment line 27 conflicts with that standard or standards, as follows:
line 28 (A) Within 60 days of submittal of the development to the local line 29 government pursuant to this section if the de velopment contains line 30 150 or fewer housing units.
line 31 (B) Within 90 days of submittal of the development to the local line 32 government pursuant to this section if the de velopment contains line 33 more than 150 housing units.
line 34 (2) If the local government government’s planning director or line 35 any equivalent local government staff fails to provide the required line 36 documentation pursuant to paragraph (1), the de velopment shall line 37 be deemed to satisfy the objective planning standards specified in line 38 subdivision (a).
line 39 (3) For purposes of this section, a de velopment is consistent line 40 with the objective planning standards specified in subdivision (a) 99 — 28 — SB 423
Item: 16
424
line 1 if there is substantial evidence that would allow a reasonable person line 2 to conclude that the development is consistent with the objective line 3 planning standards. The local government shall not determine that line 4 a development, including an application for a modification under line 5 subdivision (g), is in conflict with the objective planning standards line 6 on the basis that application materials are not included, if the line 7 application contains substantial e vidence that w ould allo w a line 8 reasonable person to conclude that the development is consistent line 9 with the objective planning standards.
line 10 (4) For purposes of e valuating consistency with the objective line 11 planning standards under this section, the local government shall line 12 not require a development proponent to provide consultant studies line 13 requiring presubmittal scope appr oval by the local go vernment line 14 or other studies or materials that ar e unnecessary to ascertain line 15 consistency with the objective planning standards. line 16 (d) (1) Any design re view or public o versight of the line 17 development may be conducted by the local government’s planning line 18 commission or an y equivalent board or commission responsible line 19 for review and approval of development projects, or the city council line 20 or board of supervisors, as appropriate. design review. That design line 21 review or public oversight shall be objective and be strictly focused line 22 on assessing compliance with criteria required for streamlined line 23 projects, as well as an y reasonable objecti ve design standards line 24 published and adopted by ordinance or resolution by a local line 25 jurisdiction before submission of a development application, and line 26 shall be broadly applicable to development within the jurisdiction. line 27 That design review or public oversight shall be completed, and if line 28 the development is consistent with all objective standards, the local line 29 government shall appro ve the de velopment as follo ws and shall line 30 not in any way inhibit, chill, or preclude the ministerial appro val line 31 provided by this section or its effect, as applicable:
line 32 (A) Within 90 days of submittal of the development to the local line 33 government pursuant to this section if the de velopment contains line 34 150 or fewer housing units.
line 35 (B) Within 180 days of submittal of the de velopment to the line 36 local go vernment pursuant to this section if the de velopment line 37 contains more than 150 housing units.
line 38 (2) If the de velopment is consistent with the requirements of line 39 subparagraph (A) or (B) of paragraph (9) of subdi vision (a) and line 40 is consistent with all objecti ve subdivision standards in the local 99 SB 423 — 29 —
Item: 16
425
line 1 subdivision ordinance, an application for a subdi vision pursuant line 2 to the Subdivision Map Act (Division 2 (commencing with Section line 3 66410)) shall be exempt from the requirements of the California line 4 Environmental Quality Act (Division 13 (commencing with Section line 5 21000) of the Public Resources Code) and shall be subject to the line 6 public oversight timelines set forth in paragraph (1). line 7 (3) If a local go vernment determines that a de velopment line 8 submitted pursuant to this section is in conflict with an y of the line 9 standards imposed pursuant to paragraph (1), it shall pro vide the line 10 development proponent written documentation of which objective line 11 standard or standards the de velopment conflicts with, and an line 12 explanation for the reason or reasons the de velopment conflicts line 13 with that objecti ve standard or standards consistent with the line 14 timelines described in paragraph (1) of subdivision (c). line 15 (e) (1) Notwithstanding an y other la w, a local go vernment, line 16 whether or not it has adopted an ordinance governing automobile line 17 parking requirements in multif amily de velopments, shall not line 18 impose automobile parking standards for a streamlined line 19 development that was approved pursuant to this section in any of line 20 the following instances:
line 21 (A) The development is located within one-half mile of public line 22 transit.
line 23 (B) The development is located within an architecturally and line 24 historically significant historic district.
line 25 (C) When on-street parking permits are required but not offered line 26 to the occupants of the development.
line 27 (D) When there is a car share vehicle located within one block line 28 of the development.
line 29 (2) If the development does not fall within any of the categories line 30 described in paragraph (1), the local government shall not impose line 31 automobile parking requirements for streamlined de velopments line 32 approved pursuant to this section that e xceed one parking space line 33 per unit.
line 34 (f) (1) If a local government approves a development pursuant line 35 to this section, then, notwithstanding any other law, that approval line 36 shall not e xpire if the project satisfies both of the follo wing line 37 requirements:
line 38 (A) The project includes public in vestment in housing line 39 affordability, beyond tax credits.
99 — 30 — SB 423
Item: 16
426
line 1 (B) At least 50 percent of the units are affordable to households line 2 making at or below 80 percent of the area median income. line 3 (2) (A) If a local government approves a development pursuant line 4 to this section, and the project does not satisfy the requirements line 5 of subparagraphs (A) and (B) of paragraph (1), that approval shall line 6 remain v alid for three years from the date of the final action line 7 establishing that approval, or if litigation is filed challenging that line 8 approval, from the date of the final judgment upholding that line 9 approval. Approval shall remain v alid for a project pro vided line 10 construction activity, including demolition and grading acti vity, line 11 on the development site has begun pursuant to a permit issued by line 12 the local jurisdiction and is in progress. F or purposes of this line 13 subdivision, “in progress” means one of the following:
line 14 (i) The construction has begun and has not ceased for more than line 15 180 days.
line 16 (ii) If the de velopment requires multiple b uilding permits, an line 17 initial phase has been completed, and the project proponent has line 18 applied for and is diligently pursuing a b uilding permit for a line 19 subsequent phase, pro vided that once it has been issued, the line 20 building permit for the subsequent phase does not lapse. line 21 (B) Notwithstanding subparagraph (A), a local government may line 22 grant a project a one-time, one-year e xtension if the project line 23 proponent can pro vide documentation that there has been line 24 significant progress toward getting the development construction line 25 ready, such as filing a building permit application. line 26 (3) If the de velopment proponent requests a modification line 27 pursuant to subdivision (g), then the time during which the approval line 28 shall remain v alid shall be e xtended for the number of days line 29 between the submittal of a modification request and the date of its line 30 final approval, plus an additional 180 days to allow time to obtain line 31 a building permit. If litigation is filed relating to the modification line 32 request, the time shall be further extended during the pendency of line 33 the litigation. The extension required by this paragraph shall only line 34 apply to the first request for a modification submitted by the line 35 development proponent.
line 36 (4) The amendments made to this subdi vision by the act that line 37 added this paragraph shall also be retroacti vely applied to line 38 developments approved prior to January 1, 2022. line 39 (g) (1) (A) A de velopment proponent may request a line 40 modification to a development that has been appro ved under the 99 SB 423 — 31 —
Item: 16
427
line 1 streamlined, ministerial approval process provided in subdivision line 2 (c) if that request is submitted to the local government before the line 3 issuance of the final building permit required for construction of line 4 the development.
line 5 (B) Except as provided in paragraph (3), the local government line 6 shall approve a modification if it determines that the modification line 7 is consistent with the objecti ve planning standards specified in line 8 subdivision (a) that were in effect when the original development line 9 application was first submitted.
line 10 (C) The local go vernment shall e valuate an y modifications line 11 requested pursuant to this subdi vision for consistenc y with the line 12 objective planning standards using the same assumptions and line 13 analytical methodology that the local government originally used line 14 to assess consistency for the de velopment that was approved for line 15 streamlined, ministerial approval pursuant to subdivision (c). line 16 (D) A guideline that was adopted or amended by the department line 17 pursuant to subdivision (l) (m) after a development was approved line 18 through the streamlined, ministerial approval process described in line 19 subdivision (c) shall not be used as a basis to den y proposed line 20 modifications.
line 21 (2) Upon receipt of the de velopment proponent’s application line 22 requesting a modification, the local go vernment shall determine line 23 if the requested modification is consistent with the objecti ve line 24 planning standard and either appro ve or den y the modification line 25 request within 60 days after submission of the modification, or line 26 within 90 days if design review is required.
line 27 (3) Notwithstanding paragraph (1), the local go vernment may line 28 apply objective planning standards adopted after the development line 29 application was first submitted to the requested modification in line 30 any of the following instances:
line 31 (A) The development is revised such that the total number of line 32 residential units or total square footage of construction changes line 33 by 15 percent or more. The calculation of the square footage of line 34 construction changes shall not include underground space. line 35 (B) The development is revised such that the total number of line 36 residential units or total square footage of construction changes line 37 by 5 percent or more and it is necessary to subject the development line 38 to an objecti ve standard be yond those in ef fect when the line 39 development application w as submitted in order to mitig ate or line 40 avoid a specific, adv erse impact, as that term is defined in 99 — 32 — SB 423