AGENDA
LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, May 2, 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.
May 2, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 1 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 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 – 3)
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
PURSUANT TO GOVERNMENT CODE SECTION 54957
TITLE: CITY MANAGER
RECOMMENDED ACTION: Conduct closed session.
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
RECOMMENDED ACTION: Conduct closed session.
3. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(D)(4)
NUMBER OF POTENTIAL CASES: 2
May 2, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 2 CALL TO ORDER: 5:30 p.m.
RECOMMENDED ACTION: Conduct closed session.
RECESS: City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE: City Council will reconvene to continue regular City business.
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 Pastor Omar Tellez, Faro Church.
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. 4 – 6)
4. PROCLAMATION SUPPORTING DROWNING PREVENTION
AWARENESS
RECOMMENDED ACTION: Approve a Proclamation designating May through September 2023 as Drowning Prevention Awareness Season May 2, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 3
5. PROCLAMATION DECLARING THE MONTH OF MAY AS ASIAN
AMERICAN PACIFIC ISLANDER HERITAGE MONTH
RECOMMENDED ACTION: Approve the Proclamation designating the month of May as Asian Pacific American Heritage Month
6. NEW EMPLOYEE INTRODUCTIONS
RECOMMENDED ACTION: Receive and file a report introducing the newest employee(s) at the City of Lake Forest.
PUBLIC COMMENTS
Members of the public can submit an e-comment to [email protected]. E-comments will not be read at the meeting.
Members of the public may also provide comments in-person at the meeting 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. 7 – 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.
7. 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.
8. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 18, 2023.
RECOMMENDED ACTION: Approve as submitted.
9. SECOND AMENDMENT TO PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH MIKE LINARES, INC. FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) CONSULTING
SERVICES
RECOMMENDED ACTION: 1. Approve the Second Amendment to
Agreement with Mike Linares, Inc. for Community Development Block May 2, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 4 Grant (CDBG) Consulting Services and find that the Amendment is not a project subject to CEQA pursuant to State CEQA Guidelines section 15378, and even if it is a project then the action is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3). 2. Authorize the Mayor to sign and the City Clerk to Attest the Second Amendment to Agreement with Mike Linares, substantially in the form attached.
10. APROVAL OF GRANT OF EASEMENTS AND COST SHARING
AGREEMENT FOR IRRIGATION AND LANDSCAPING WITH THE IRVINE
RANCH WATER DISTRICT
RECOMMENDED ACTION: 1. Accept two Grant of Easements from the Irvine Ranch Water District, one for access across Irvine Ranch Water District property to allow City access to its mitigation parcel, and the second to maintain the irrigation and landscaping on the slope. 2. Approve the Cost Sharing Agreement for Irrigation and Landscaping with the Irvine Ranch Water District. 3. Authorize the City Manager to sign the Cost Sharing Agreement for Irrigation and Landscaping, and the City Clerk to sign two Certificates of Acceptance for Grant of Easement Documents with the Irvine Ranch Water District. 4. Adopt a Resolution entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2021-2023 OPERATING BUDGET; AMENDING
REVENUE ESTIMATES FOR FISCAL YEAR 2022-23
11. FOURTH AMENDMENT TO THE AGREEMENT WITH KIDDER
MATHEWS, INC., FOR CIVIC CENTER FACILITY MANAGEMENT
SERVICES
RECOMMENDED ACTION: 1. Approve the Fourth Amendment to the Agreement for Maintenance Services for Civic Center Facility Management Services with Kidder Mathews, Inc. 2. Authorize the Mayor to sign, and the City Clerk to attest, the Fourth Amendment substantially in the form attached.
May 2, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 5
12. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM – FISCAL
YEAR 2023-2024 ANNUAL ACTION PLAN
RECOMMENDED ACTION: Conduct a public hearing on the draft Fiscal Year ("FY") 2023-2024 Community Development Block Grant ("CDBG") Program Annual Action Plan ("AAP"), close the public hearing, and direct staff to submit the AAP to the U.S. Department of Housing and Urban Development (“HUD”).
13. ZONING CODE AMENDMENT 03-23-5611, A CITY-INITIATED ZONING CODE AMENDMENT TO ADD CHAPTER 9.151 OF THE LAKE FOREST
MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR HOUSING
DEVELOPMENTS ON SITES IDENTIFIED IN THE CITY’S HOUSING
ELEMENT SITES INVENTORY
RECOMMENDED ACTION: 1. Find that Zoning Code Amendment
03-23-5611 is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)1 and 15061(b)(3) of the State CEQA Guidelines; and 2. Introduce First Reading of an Ordinance entitled: AN ORDINANCE OF THE CITY OF LAKE FOREST, CALIFORNIA, ADDING CHAPTER 9.151 TO THE LAKE FOREST
MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR HOUSING
DEVELOPMENTS ON SITES IDENTIFIED IN THE CITY’S HOUSING
ELEMENT SITES INVENTORY AND FINDING THE ACTION TO BE
EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTIONS
15060(c)(1) AND 15061(b)(3)
May 2, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 6 PUBLIC HEARING(S) (Item Nos. 12 – 13)
Public Hearings are scheduled for a time certain of 6:30 p.m. or as soon thereafter as possible. City Council, when considering the matter scheduled for hearing, will take the following actions: 1. Open the Public Hearing. 2. Receive staff report. 3. Accept public testimony. 4. City Council comments and questions. 5. Close the Public Hearing and take appropriate action.
14. STRATEGIC PLAN UPDATE
RECOMMENDED ACTION: Receive a file a report from staff describing progress made on the City's Strategic Business Plan
15. LEGISLATIVE MATTERS
RECOMMENDED ACTION: Receive a report from staff and authorize the Mayor to sign the letter of support for California Assembly Bill 1270
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:
May 2, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 7 DISCUSSION/ACTION ITEMS (Item Nos. 14 – 15)
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.
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 April 27, 2023.
Lisa Berglund
City Clerk
May 2, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 8
CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/2/2023
DEPARTMENT: City Clerk
SUBJECT:
PROCLAMATION SUPPORTING DROWNING PREVENTION AWARENESS
RECOMMENDED ACTION(S):
Approve a Proclamation designating May through September 2023 as Drowning Prevention Awareness Season
EXECUTIVE SUMMARY:
The Orange County Fire Authority (“OCFA”) requests the City Council acknowledge and proclaim the months of May through October as “Drowning Prevention Awareness Season.” The highest percentage of drowning occurs during these three months. Drowning is the leading cause of death and disability in California for children under five years of age. For every child who dies from drowning, another eight receive emergency care for non-fatal submersion injuries. The number of adult drownings has consistently increased over the years as well. Fatal and non-fatal drowning is a silent event, occurring in as little as two inches of water in inflatable swimming pools, spas, and bathtubs.
The themes of this year’s water safety campaign are “Always Watch the Water” and “Never Swim Alone.” OCFA staff will give in-depth information on the preventative measure’s residents can take to prevent drowning through media advisories and demonstrations. The OCFA encourages residents, schools, recreational facilities, businesses, and homeowner associations to become local partners in preparedness by increasing their knowledge of proper safety measures for drowning prevention. The City Council’s adoption of the proposed proclamation (Attachment) serves to enhance community awareness of this issue on behalf of the OCFA.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
Item: 4
9 ATTACHMENTS:
Drowning Awareness Proclamation
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 4
10 ATTACHMENT
Item: 4
11 PROCLAMATION
THE LAKE FOREST CITY COUNCIL
HEREBY PROCLAIMS
May through September 2023
AS
“Drowning Prevention
Awareness Season”
DOUG CIRBO
MAYOR
MARK TETTEMER
MAYOR PRO TEM
ROBERT PEQUEÑO
COUNCIL MEMBER
SCOTT VOIGTS
COUNCIL MEMBER
BENJAMIN YU
COUNCIL MEMBER
Item: 4
12 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/2/2023
DEPARTMENT: City Clerk
SUBJECT:
PROCLAMATION DECLARING THE MONTH OF MAY AS ASIAN AMERICAN
PACIFIC ISLANDER HERITAGE MONTH
RECOMMENDED ACTION(S):
Approve the Proclamation designating the month of May as Asian Pacific American Heritage Month
EXECUTIVE SUMMARY:
On March 21, 2023, Council Member Yu requested consensus from the City Council to include this matter on a future City Council agenda. Consensus was provided by Mayor Cirbo (Attachment 1). Tonight, the City Council is asked to approve the proclamation designating the month of May as Asian Pacific American Heritage Month and receive and file this proclamation (Attachment 2).
Asian and Pacific American Heritage month was first initiated by Rep. Frank Horton in 1976. In June 1977, Rep. Horton and Rep. Norman Y. Mineta introduced a resolution in the U.S. House of Representatives proclaiming the first 10 days of May as Asian Pacific Heritage Week. President Jimmy Carter signed a joint resolution for the celebration on October 5, 1978. In 1990, President George H.W. Bush signed a bill passed by Congress to extend Asian American Heritage Week through the entire month of May. In 1991, Congress unanimously passed a law subsequently signed by President George H.W. Bush, proclaiming May 1991 and May 1992 as Asian and Pacific American Heritage Month. By 1992, May was officially designated as Asian Pacific American Heritage Month.
May is now officially proclaimed Asian American Pacific Islander Heritage Month.
The month of May celebrates the culture, traditions, and history of Asian Americans and Pacific Islanders in the United States.
FISCAL IMPACT:
There is minimal fiscal impact associated with this item.
Item: 5
13 ATTACHMENTS:
1. March 21, 2023, City Council Comment Minute Excerpt
2. Asian Americans and Pacific Islanders Heritage Month Proclamation Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 5
14 ATTACHMENT 1
Item: 5
15 MINUTE EXCERPT
LAKE FOREST REGULAR CITY COUNCIL MEETING
MARCH 21, 2023
____________________________________________________________
CITY COUNCIL COMMENTS
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.
Item: 5
16 5
1 9
9 5
ATTACHMENT 2
Item: 5
17 5
1 9
9 5
PROCLAMATION
THE LAKE FOREST CITY COUNCIL
hereby proclaims the month of
May 2023
AS
“Asian American Pacific Islander
Heritage Month”
DOUG CIRBO
MAYOR
MARK TETTEMER
MAYOR PRO TEM
ROBERT PEQUEÑO
COUNCIL MEMBER
SCOTT VOIGTS
COUNCIL MEMBER
BENJAMIN YU
COUNCIL MEMBER
Item: 5
18 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/2/2023
DEPARTMENT: City Manager
SUBJECT:
NEW EMPLOYEE INTRODUCTIONS
RECOMMENDED ACTION(S):
Receive and file a report introducing the newest employee(s) at the City of Lake Forest.
EXECUTIVE SUMMARY:
Irena Phillips – Administrative Specialist
Irena joined the City of Lake Forest on February 27, 2023, as an Administrative Specialist where she supports our Community Development Department. She’s previously worked for the cities of Tustin, Placentia, and Manhattan Beach.
Irena grew up in Buena Park. She graduated from Fullerton College with an associate degree in paralegal studies and graduated from California State University, Fullerton with a bachelor’s degree in public administration. On her Fridays off, she enjoys her time to herself, visiting new places, and trying out new activities and hobbies. Otherwise, she spends most of her free time with her family.
FISCAL IMPACT:
There is no financial impact associated with the recommended action.
ATTACHMENTS:
None.
Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
Item: 6
19 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/2/2023
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
14 Item: 7
20 5
2 0
1 8
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, April 18, 2023, at the Lake Forest City Council Chambers, 100 Civic Center Drive, Lake Forest, California, was called to order at 6:30 p.m. with Council Member Voigts absent.
ROLL CALL:
Council Members:
Robert Pequeño
Scott Voigts (Absent)
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 Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Number of potential cases: 1
ACTION: Closed Session was conducted.
2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code section 54956.9(d)(4) Number of potential cases: 2
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: Andrew O’Connor expressed his concerns with Best, Best & Krieger.
Item: 8
21 April 18, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 6 INVOCATION: The Invocation was provided by Sister Kerri Morrill, The Church of Jesus Christ of Latter-day Saints.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Mayor Cirbo.
PRESENTATIONS: (Item Nos. 3 – 4)
MOTION: It was moved by Mayor Pro Tem Tettemer, seconded by Council Member Yu, to approve Item Nos. 3 – 4. The motion was carried by a vote of 4/0, with Council Member Voigts absent.
3. PROCLAMATION DECLARING APRIL 22, 2023, AS EARTH DAY IN THE CITY
OF LAKE FOREST
City Manager Rose introduced this item and invited Public Works Director Wheeler to provide a presentation. He presented on both items. No public comment was offered.
ACTION: The Proclamation designating April 22, 2023, as Earth Day in the City of Lake Forest was approved.
4. PROCLAMATION DECLARING APRIL 28, 2023, AS ARBOR DAY IN THE
CITY OF LAKE FOREST
ACTION: The Proclamation designating April 28, 2023, as Arbor Day in the City of Lake Forest was approved.
PUBLIC COMMENTS:
Andrew O’Connor spoke on the police report he filed against Council Member Pequeño, his concerns on the status of Vintage Park’s construction project and of the request for placement of School Resource Officers (SRO) at every school within City boundaries.
Norman Abbod spoke on his concerns with grass overgrowth in his neighbor’s yard on Killy Street and requested an immediate resolution to this issue.
CONSENT CALENDAR: (Item Nos. 5 – 11)
MOTION: It was moved by Mayor Pro Tem Tettemer, seconded by Council Member Yu, to approve Consent Calendar Item Nos. 5 – 7 and 9 – 10. The motion was carried by a vote of 4/0, with Council Member Voigts absent.
5. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES ACTION: Said Ordinances and Resolutions which appeared on the public Item: 8
22 April 18, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 6 agenda were determined to have been read by title and further reading was waived.
6. MONTHLY TREASURER'S REPORT - MARCH 2023
ACTION: The Monthly Treasurer’s Report for March 2023 was received and filed.
7. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SPECIAL MEETING OF THE LAKE FOREST HOUSING AUTHORITY HELD ON APRIL 4, 2023.
ACTION: The minutes were approved as submitted.
9. NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK
ACTION: A Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST, CALIFORNIA, RECOGNIZING NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK was adopted.
10. SECOND AMENDMENT TO THE AGREEMENT WITH JAMEY CLARK, INC.
FOR ON-CALL FACILITY AND PARK MAINTENANCE SERVICES
ACTION: The Second Amendment to the Agreement for On-Call Facility and Park Maintenance Services with Jamey Clark, Inc. was approved, and the Mayor was authorized to sign, and the City Clerk to attest, the Second Amendment substantially in the form attached.
ITEMS PULLED FOR DISCUSSION: (Item Nos. 8 and 11)
8. RESOLUTION SUPPORTING THE MAKE-A-WISH FOUNDATION BY
DECLARING APRIL 29, 2023, WORLD WISH DAY
Public Comment: Flavia Lamoglia spoke on behalf of the Make-A-Wish Foundation in Orange County and thanked the Council for supporting the organization with a resolution. Mayor Cirbo thanked the Foundation for their work in making wishes come true for eligible children.
MOTION: It was moved by Council Member Yu, seconded by Council Member Pequeño, to adopt a Resolution entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, SUPPORTING THE MAKE-A-WISH FOUNDATION BY DECLARING APRIL 29, 2023, WORLD WISH DAY. The motion was carried by a vote of 4/0, with Council Member Voigts absent.
Item: 8
23 April 18, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 6
11. REJECT ALL BIDS AND AUTHORIZE RE-BIDDING FOR STRUCTURAL
STEEL PATIO COVER AT LAKE FOREST CIVIC CENTER SENIOR CENTER (PW 2022-13)
Council Member Yu requested clarification on the recommended action of this item. City Manager Rose and Public Works Director Wheeler provided clarification.
MOTION: It was moved by Mayor Pro Tem Tettemer, seconded by Council Member Pequeño, to reject all bids for the Structural Steel Patio Cover Senior Center Project (PW 2022-13) and authorize staff to solicit new bids for this project. The motion carried by a vote of 3/1/0, with Council Member Yu abstaining and Council Member Voigts absent.
DISCUSSION/ACTION ITEMS: (Item Nos. 12 – 14)
12. FISCAL YEAR 2022-23 MID-YEAR BUDGET REVIEW
City Manager Rose introduced this item and invited Finance Director Shirah to provide a presentation. Andrew O’Connor offered public comment and expressed his concerns on spending for various contract services and personnel. Council Member questions were asked and answered.
MOTION: It was moved by Council Member Pequeño, seconded by Council Member Yu, to adopt a Resolution entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2021-2023 OPERATING BUDGET; AMENDING APPROPRIATIONS FOR FISCAL YEAR 2022-23. The motion was carried by a vote of 4/0, with Council Member Voigts absent.
13. ANNUAL REVIEW OF THE STATEMENT OF INVESTMENT POLICY City Manager Rose introduced this item and invited Finance Director Shirah to provide a presentation. No public comment was offered. Council Member questions were asked and answered.
MOTION: It was moved by Council Member Yu, seconded by Mayor Pro Tem Tettemer, to approve the Attached Statement of Investment Policy. The motion was carried by a vote of 4/0, with Council Member Voigts absent.
14. FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
REGARDING SOLID WASTE PROCUREMENT SERVICES BY AND
BETWEEN THE CITY OF LAGUNA HILLS AND THE CITY OF LAKE FOREST Item: 8
24 April 18, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 5 of 6 City Manager Rose introduced this item and invited Senior Management Analyst Groves to provide a presentation. No public comment was offered. City Council discussion ensued. Council Member questions were asked and answered.
MOTION: It was moved by Mayor Pro Tem Tettemer, seconded by Council Member Yu, to approve the First Amendment to the Memorandum of Understanding Regarding Solid Waste Procurement Services by and between the City of Laguna Hills and the City of Lake Forest, and authorize the City Manager to execute, and the City Clerk to attest, the proposed First Amendment. The motion was carried by a vote of 4/0, with Council Member Voigts absent.
CITY MANAGER'S REPORT: City Manager Rose had nothing further to report.
CITY COUNCIL COMMENTS:
Council Member Pequeño: Council Member Pequeño reported on his attendance at the Fountain Valley Groundwater Replenishment
Event, a ride-along with the Orange County Mosquito
and Vector Control District, and a Southwest Lake
Forest Pop-Up event. He encouraged everyone to
attend a Clean Lake Forest event hosted by
Saddleback Church scheduled for April 22. He
thanked City staff for all their hard work and efforts.
Council Member Yu: Council Member Yu reported on his attendance at the Fountain Valley Groundwater Replenishment Event, a
tour of the Orange County Animal Care facility, a
mental health awareness event hosted by the Asian
American Senior Services Center, and a ride-along
with Fire Station 22. He highlighted an E-bike accident he heard about and encouraged law enforcement to
increase awareness and enforcement of E-bike laws.
He announced the passing of his stepfather, Eric
Wilson, due to terminal illness and requested the
meeting be adjourned in his memory. Mayor Cirbo
agreed to do so.
Mayor Pro Tem Tettemer: Mayor Pro Tem Tettemer had nothing further to report.
Mayor Cirbo: Mayor Cirbo reported on his attendance at a DeMolay Ceremony, a meeting with Congresswoman Young
Kim, a ribbon cutting ceremony for SDA Creative, a
ride-along with the Orange County Sheriff’s
Department, and a Meet the Mayor event in Laguna
Niguel. He reported that at the Meet the Mayor event,
Item: 8
25 April 18, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 6 of 6 surrounding City Mayors commended Lake Forest’s
programs. He closed his remarks by highlighting his
umpiring at a Little League game alongside Council
Member Pequeño.
ADJOURNMENT: The Regular Meeting of the City Council was adjourned in memory of Eric Wilson at 8:10 p.m.
Respectfully submitted:
APPROVED:
LISA BERGLUND DOUG CIRBO
CITY CLERK MAYOR
Item: 8
26 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/2/2023
DEPARTMENT: Community Development
SUBJECT:
SECOND AMENDMENT TO PROFESSIONAL CONSULTING SERVICES
AGREEMENT WITH MIKE LINARES, INC. FOR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) CONSULTING SERVICES
RECOMMENDED ACTION(S):
1. Approve the Second Amendment to Agreement with Mike Linares, Inc. for Community Development Block Grant (CDBG) Consulting Services and find that the Amendment is not a project subject to CEQA pursuant to State CEQA Guidelines section 15378, and even if it is a project then the action is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3).
2. Authorize the Mayor to sign and the City Clerk to Attest the Second Amendment to Agreement with Mike Linares, substantially in the form attached.
EXECUTIVE SUMMARY:
Since 2014, the City has utilized the services of Mike Linares, Inc. (“Mike Linares”) for Community Development Block Grant (“CDBG”) consulting services.
The current three-year Professional Consultant Services Agreement with Mike Linares (“Agreement”) was approved June 4, 2019 (Attachment 1). A first amendment, approved June 23, 2022, provided for a Consumer Price Index (“CPI”)-based hourly-rate increase, a not to exceed total compensation of $185,299, and a one-year term extension (Attachment 2). The amended agreement is set to expire on June 30, 2023.
Staff is recommending the City Council approve a Second Amendment providing for a one-year term extension through June 30, 2024, a CPI-based hourly-rate increase (beginning July 1, 2023) from $103.00 to $108.07, and a total compensation increase of $43,250 (Attachment 3). As recommended, the new total compensation for the five-year term would be $228,549. The hourly-rate increase is described in the Agreement and properly requested by Mike Linares with all appropriate documentation evidencing the change in CPI (Attachments 4 and 5).
Item: 9
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4 The proposed Second Amendment would enable the City to continue receiving consulting services necessary for administration of the CDBG and CDBG-CV grants. CDBG/CDBG-CV consulting services are funded by Federal CDBG and CDBG-CV funds.
BACKGROUND:
Since 1994, the City has received annual CDBG funding from the U.S.
Department of Housing and Urban Development (“HUD”). CDBG is a formula grant allocated to city and county governments to develop viable urban communities by providing decent housing, a suitable living environment, and expanded economic opportunities for low- and moderate-income persons. To receive this annual grant, the City must complete and submit various reports to HUD detailing the achievement of CDBG goals and documenting related expenditures. These reports include the Annual Action Plans, Five-Year Consolidated Plan, Analysis of Impediments to Fair Housing, and Comprehensive Annual Performance Evaluation Reports.
DISCUSSION:
As stated in the original Agreement’s scope of services (Attachment 1), Mike Linares assists staff with administration of the CDBG program, including sub- recipient monitoring, reporting of related activities in HUD’s Integrated Disbursement and Information System (“IDIS”), preparation of various quarterly and annual financial reports, and preparation of Annual Action Plans. The current Agreement with Mike Linares provides for three years of consulting services and a maximum of two one-year extensions. The First Amendment to the agreement was approved in June 2022 and extended the term one year (Attachment 2). It is set to expire on June 30, 2023. Staff is recommending an additional one-year extension of the Agreement (the second of the two extensions described in the Agreement) and $43,250 of additional compensation, which would increase the total compensation to $228,549 (see Table 1 below).
Table 1: Five-Year Compensation / Expenditures
Agreement / Year Agreement
Compensation Expenditures Year-End
Balance
Original
Agreement
(FY 2019-20 to
2021-22)
$115,000 $142,506* ($27,506)
1st Amendment
(FY 2022-23) $70,299** $30,691*** $12,102***
Item: 9
28 2
5 3
4 Agreement / Year Agreement
Compensation Expenditures Year-End
Balance
Proposed 2nd
Amendment
(FY 2023-24)
$43,250 – –
TOTAL: $228,549
* Includes $31,000 for preparation of Five-Year Consolidated Plan + $111,506 for CDBG admin. ** Includes $41,500 for FY 2022-2023 CDBG/CDBG-CV admin. + $28,799 for FY 2021-2022 CDBG-CV admin. (see Attachment 2).
*** Through February 2023
Term Extension, Scope of Work, Compensation and Hourly Rate The proposed Second Amendment would extend the term of the Agreement by one year to June 30, 2024 (Attachment 3). If approved, this extension would be the second of two optional one-year extensions provided for by the original Agreement, which is currently set to expire on June 30, 2023. In addition, the Second Amendment includes a requested increase in compensation of $43,250 for the additional one-year term (Fiscal Year 2023-24), and a CPI-based increase to the hourly rate charged (Attachments 4 and 5). The proposed rate increase from $103.00 to $108.07 (4.93%) is based on the U.S. Bureau of Labor Statistics Consumer Price Index (“CPI”) change from December 2022 to December 2023 (Attachment 5). As this is the second and final contract extension described in the Agreement, staff would issue a new request for proposals ("RFP") for CDBG consulting services in late 2023.
The increase in compensation for the one-year extension correlates to the projected costs associated with Fiscal Year 2023-24 CDBG and CDBG-CV program administration, and the proposed hourly rate increase to $108.07. Staff does not anticipate additional allocations of CDBG-CV funds.
Vendor Performance Assessment
Pursuant to the Purchasing and Contracting Guidelines, staff are required to complete a vendor performance assessment in conjunction with a proposed contract amendment. This assessment informs whether a contract should be amended, renewed, or terminated based on performance in the following categories: performance of services, timeliness, budget performance, and customer service. Utilizing a detailed evaluation form, staff rated Mike Linares on a scale from one to five for specific criteria contained in each category. Table 2 below summarizes Mike Linares’ performance rating during the current agreement term.
Item: 9
29 2
5 3
4 Table 2: Mike Linares Performance Review June 30, 2019 – April 18, 2023 Category Unsatisfied – Very Satisfied
Performance 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 Mike Linares has exceeded expectations with respect to the services provided while providing excellent and timely customer service. Mike Linares has demonstrated vast technical expertise, regulatory knowledge and provided excellent service for all CDBG-related matters. Mike Linares’ assistance with administering the CDBG-CV allocation was invaluable to the City. Furthermore, Mr. Linares is remarkably flexible and available to assist staff when needed for meetings and consultations.
SUMMARY:
Based on the City’s continuing need for specialized consultant services and Mike Linares’ exceptional performance to date, staff recommend approval of the second one-year extension. The Second Amendment would extend the term of the Agreement to June 30, 2024, provide for a CPI-based hourly rate increase, and increase the total compensation by $43,250 to cover the estimated costs for an additional year of service. If approved, the Second Amendment would bring the total compensation amount in the Agreement to $228,549. Staff prepared the proposed Second Amendment, and it has been reviewed and approved by the City Attorney as to form.
FISCAL IMPACT:
Consulting services provided under this Agreement are paid for with Federal CDBG and CDBG-CV funds. The Second Amendment to the Agreement would increase the total compensation amount by $43,250, which would result in a total compensation amount of $228,549. The increased compensation would cover the projected costs associated with extending the term of the Agreement by one year. Staff will recommend sufficient funding for Fiscal Year 2023-24 of the 2023-25 Operating Budget to cover the additional $43,250 in compensation. The draft Fiscal Year 2023-24 CDBG Action Plan, which includes funding allocations for CDBG and CDBG-CV administration, is scheduled for City Council consideration on May 2, 2023.
Item: 9
30 2
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4 ATTACHMENTS:
1. Mike Linares, Inc. Professional Services Agreement (Original)
2. First Amendment to Agreement with Mike Linares, Inc.
3. Draft Second Amendment to Agreement with Mike Linares, Inc.
4. Mike Linares' Request Letter
5. CPI Index Data Table
Initiated By: Ron Santos, Senior Planner
Submitted By: Gayle Ackerman, Director of Community Development Approved By: Debra Rose, City Manager
Item: 9
31 ATTACHMENT 1
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51 ATTACHMENT 2
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61 55136.00200\31919338.1 - 1 -
CITY OF LAKE FOREST
SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PARTIES AND DATE.
This Second Amendment to the Agreement for Professional Consultant 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 Mike Linares, Inc., a California corporation, with its principal place of business at P.O. Box 3913, San Clemente, California 92672 ("Consultant"). City and Cons ultant are sometimes individually referred to herein as "Party" and collectively as "Parties." RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for professional Community Development Block Grant (CDBG) Consulting Services dated June 4, 2019 (“Agreement”).
2.2 First Amendment. The Parties entered into that certain First Amendment to extend the term of the Agreement and increase the total amount of compensation under the Agreement, dated June 23, 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 from July 1, 2019 to June 30, 202 4, unless earlier terminated as provided herein.
Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO
HUNDRED TWENTY-EIGHT THOUSAND FIVE HUNDRED
FORTY-NINE DOLLARS ($228,549) without written approval of the City Council or City Manager as applicable. Extra Work may be DocuSign Envelope ID: 8AC6914F-BEC9-4AC3-8385-57DB7779155D Item: 9
62 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 MIKE LINARES, INC.
By:
Doug Cirbo
Mayor
By:
Mike Linares
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By:
Lisa Berglund
City Clerk
By:
Mike Linares
Secretary
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
DocuSign Envelope ID: 8AC6914F-BEC9-4AC3-8385-57DB7779155D Item: 9
63 55136.00200\31919338.1 Attachment “1”-1
ATTACHMENT “1” TO SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
EXHIBIT “C”
COMPENSATION
Consultant shall be paid for services rendered in accordance with Section 3.3 of the Agreement and as described above under Exhibit "A" Scope of Services and the not to exceed fee of two hundred twenty -eight thousand five hundred forty -nine dollars ($228,549) billed on a time and materials basis according to the following schedule:
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside- Orange Counties.
ORIGINAL AGREEMENT
Consolidated Plan:
Description Cost per Task
Citizen Participation Plan $3,000
Review and Update
Consultation 6,500
Community Survey Prep/Analysis
Community Meetings
General Consultation
Consolidated Plan 16,500
Executive Summary/Consultation
Housing Market Analysis
Housing & Community Needs Assessment
Strategic Plan
2020-2021 Annual Action Plan
Miscellaneous 5,000
Public Hearings
Plan Revision
IDIS Interface
Other Direct Costs (copies, travel)
Total Consolidated Plan Compensation $31,000
All other general CDBG consulting services shall be billed at a rate of $95 per hour.
DocuSign Envelope ID: 8AC6914F-BEC9-4AC3-8385-57DB7779155D Item: 9
64 55136.00200\31919338.1 Attachment “1”-2
FIRST AMENDMENT
Consultant shall be paid the following for services as described in the Exhibit “A” Scope of Services for the First Amendment.
Services for FY 2021-2022 Additional Compensation
CDBG $4,000
CDBG-CV $10,545
Additional Compensation for Original Agreement Term $28,799
Services for FY 2022-2023 Compensation
CDBG $32,500
CDBG-CV $10,000
Compensation to First Amendment $41,500
The CDBG consulting services shall be based on hourly rates which are listed below and shall not exceed $42,500 for FY 2022-2023.
SECOND AMENDMENT
Consultant shall be paid the following for services as described in the Exhibit “A” Scope of Services.
Services for FY 2023-2024 Compensation
CDBG and CDBG-CV Consulting $43,250
Compensation to Second Amendment $43,250
The CDBG consulting services shall be based on hourly rates which are listed below and shall not exceed $43,250 for FY 2023-2024.
Staff Hourly Rate
(Effective July 1, 2023)
Principal $108.07
Staff Hourly
Rate
Principal $103.00
DocuSign Envelope ID: 8AC6914F-BEC9-4AC3-8385-57DB7779155D Item: 9
65 ATTACHMENT 4
Item: 9
66 PROVIDING MANAGEMENT & CONSULTING
SERVICES FOR LOCAL GOVERNMENT
P.O. BOX 3913 SAN CLEMENTE, CA 92672
March 31, 2023
Mr. Ron Santos
Senior Planner
City of Lake Forest
100 Civic Center Drive
Lake Forest CA 92630
Dear Mr. Santos:
RE: Adjustment for FY 2023-2024 CDBG/CDBG-CV Program Administration Professional Services Hourly Rate
Please accept this letter as notice that my hourly rate for CDBG and CDBG-CV program administration professional services will increase effective July 1, 2023. The U.S. Bureau of Labor Statistics pegs the Consumer Price Index inflation rate from December 2021 to December 2022 at 4.93 percent (see attached). Applying this variable to my current hourly rate, effective July 1, 2023, my hourly rate will increase to $1 08.07 per hour. Also proposed is a new “not-to-exceed” contract amount of $43,250 for CDBG and CDBG-CV program administration.
My scope of work for the next fiscal year will remain the same. Please note that the scope of work includes the administration of the City’s CDBG-CV grant. I appreciate the consideration of this request. Please let me know if you have any questions.
Best regards,
Mike Linares
Item: 9
67 ATTACHMENT 5
Consumer Price Index Data Table
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2022 7.51% 7.40% 8.50% 7.87% 8.01% 8.59% 7.74% 7.65% 7.81% 7.48% 6.01% 4.93% 7.45% 2023 5.77% 5.10% N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
Source: CPI for all Urban Consumers (CPI-U) for Los Angeles-Long Beach-Anaheim, CA Region
Item: 9
68 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/2/2023
DEPARTMENT: City Manager
SUBJECT:
APROVAL OF GRANT OF EASEMENTS AND COST SHARING AGREEMENT
FOR IRRIGATION AND LANDSCAPING WITH THE IRVINE RANCH WATER
DISTRICT
RECOMMENDED ACTION(S):
1. Accept two Grant of Easements from the Irvine Ranch Water District, one for access across Irvine Ranch Water District property to allow City access to its mitigation parcel, and the second to maintain the irrigation and landscaping on the slope.
2. Approve the Cost Sharing Agreement for Irrigation and Landscaping with the Irvine Ranch Water District.
3. Authorize the City Manager to sign the Cost Sharing Agreement for Irrigation and Landscaping, and the City Clerk to sign two Certificates of Acceptance for Grant of Easement Documents with the Irvine Ranch Water District.
4. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2021-2023 OPERATING BUDGET; AMENDING REVENUE ESTIMATES FOR
FISCAL YEAR 2022-23
EXECUTIVE SUMMARY:
The Irvine Ranch Water District (“IRWD”) owns property adjacent to the Lake Forest Civic Center. During construction of the Civic Center, staff and IRWD worked together to finalize lot line adjustments to meet size requirements of the mitigation area. This adjustment resulted in a small piece of the City’s slope to be within the IRWD property line. Therefore, IRWD has requested the City maintain certain irrigation and landscaping on a portion of its property where the slope is located. For the City to maintain these certain sections of the property, the City must accept easements from IRWD (Attachments 1 and 2) and enter into a Cost Sharing Agreement (“Agreement”) (Attachment 3).
Item: 10
69 The Agreement outlines the responsibilities of each party as it relates to landscape maintenance and reimbursement for the City’s maintenance expenses. The easements allow the City to access IRWD property to install, maintain, repair, or replace drainage, slopes, landscaping, and appurtenances thereto on a portion of the property. IRWD would continue to own the property, but the City would have nonexclusive rights to access it for maintenance purposes. Accepting easements for this purpose is standard practice between two entities, whether between two governmental agencies or between a governmental agency and a private property owner.
Per the terms of the proposed Agreement, the City would maintain landscaping and irrigation in the easement area of the property for 25 years. In return, IRWD would reimburse the City for the maintenance work by delivering a one-time, lump sum payment of $40,489. Staff negotiated the amount by observing the total annual usage rate and amortizing costs over a 25-year period. At the conclusion of the 25-year period, both parties would negotiate another term and cost.
IRWD prepared the proposed Agreement for Irrigation and Landscaping. In addition, it prepared two separate Grant of Easement documents, one for access across IRWD property to allow City access to its mitigation parcel, and the second to maintain the irrigation and landscaping on the slope. All documents have been reviewed and approved by the City Attorney’s Office. Staff recommends the City Council approve and authorize the City Manager to sign the Agreement and accept both Grants of Easements and authorize the City Clerk to sign the Certificates of Acceptance.
FISCAL IMPACT:
Approval of the Cost Sharing Agreement and associated Resolution adjusting the 2021-2023 Operating Budget (Attachment 4) would increase revenue appropriation for Fiscal Year 2022-23 by $40,489.
ATTACHMENTS:
1. Grant of Access Easement
2. Grant of Maintenance Easement
3. Cost Sharing Agreement for Irrigation and Landscaping
4. Budget Adjustment Fiscal Year 2022-23 of the 2021-2023 Operating Budget
Initiated By: Adrian Grijalva, Senior Management Analyst Item: 10
70 Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 10
71 ATTACHMENT 1
Item: 10
72 Attachment 2 - Access Easement
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19498224.1
PLEASE RECORD AND WHEN
RECORDED, RETURN TO:
City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
Attn: City Clerk
ASSESSORS PARCEL NO(s).:
610-691-31, 32, 38, 41, 42
__________________________________________________________________________________________________________________ Space above this line for Recorder’s Use Only
GRANT OF EASEMENT
(Access Easement)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, IRVINE RANCH WATER DISTRICT, a California Water District organized under and existing pursuant to Section 34000 et seq. of the California Water Code, (“Grantor”) does hereby grant and convey to CITY OF LAKE FOREST, a California municipal corporation, (“Grantee”) a perpetual easement for access purposes in, on, and across the real property in the City of Lake Forest, County of Orange, State of California, described as Parcel 1 on Exhibit “A” and depicted on Exhibit “B” attached hereto and made a part hereof by this reference (the “Easement Area”).
SUBJECT TO any and all covenants, conditions, restrictions, reservations, easements, rights, rights-of-way and encumbrances of record or apparent or of which Grantee has actual notice in, on, across or under the Easement Area.
A. Rights of Grantor to Use Easement Area:
1. It is understood and agreed that the easement acquired herein is for Grantee to access its mitigation lands for maintenance purposes and for no other use or purpose and is subject to the superior rights of the Grantor to use the Easement Area for any purpose whatsoever. Grantor retains the rights that are not inconsistent with the easement, including, but not limited to, compatible use for improvements under, upon, over and across the Easement Area, together with the right to grant nonexclusive easements in gross on, over, under and across the Easement Area or portions of the Easement Area for the installation, operation, maintenance, reconstruction, repair and replacement of such uses.
2. Grantor hereby acknowledges that Grantee is under no obligation to maintain the Easement Area in a condition to accommodate Grantor’s use. Grantee agrees not to impede Grantor’s use of its rights as retained herein.
B. Indemnification
1. Indemnification by Grantee: Grantee hereby agrees to defend, indemnify and hold free and harmless Grantor and Grantor’s elected and appointed o fficials, officers, employees, agents, and representatives from and against any and all liability, Item: 10
73 Attachment 2 - Access Easement
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19498224.1
expense (including defense costs and legal fees), and claims (“Claims”) for damages of any nature whatsoever, including, but not limited to, bodily injur y, wrongful death, or property damage, arising from or connected with Grantee’s activities under this Grant of Easement, including any Worker’s Compensation Claims, arising from or connected with services performed by or on behalf of Grantee by any person under this Grant of Easement, whether such claims, damages, liabilities, costs, or judgments are based upon alleged negligence, a dangerous condition of public property, or any other theory of liability.
2. Indemnification by Grantor: Grantor hereby agrees to defend, indemnify, and hold free and harmless Grantee and Grantee’s elected and appointed officials, officers, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, personal injury, death or pr operty damage, arising from or connected with Grantor’s performance under this Grant of Easement, including any Worker’s Compensation suits, liability, or expense, arising from or connected with services performed on behalf of Grantor by any person under this Agreement, whether such claims, damages, liabilities, costs, or judgments are based upon alleged negligence, a dangerous condition of public pr operty, or any other theory of liability.
F. Miscellaneous.
1. Modification. This Grant of Easement may not be modified, terminated, or rescinded, in whole or in part, except by a written instrument duly executed and acknowledged by the parties hereto, their successors, assigns or successors -in-interest and duly recorded in the Official Records of the Orange County Recorder.
2. Governing Law . This Grant of Easement shall be governed and construed in accordance with the laws of the State of California. Venue shall be Orange County.
3. Effective Date. The terms and conditions of this Grant of Easement shall be effective as of the date this Grant of Easement is recorded in the Official Records of the Orange County Recorder.
4. Notice. Any notice to be given under this Grant of Easement shall be given by personal delivery or by depositing the same in the United States mail, certified or registered, postage prepaid, at the following address:
To Grantee: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
Attn.: City Engineer
To Grantor: Irvine Ranch Water District
15600 Sand Canyon Avenue
P.O. Box 57000
Irvine, CA 92618
Attn.: General Manager
Item: 10
74 Attachment 2 - Access Easement
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19498224.1
Any notice delivered personally shall be effective upon delivery. Any notice given by mail as above provided shall be effective forty-eight (48) hours after deposit in mail. Any party may change its address for notices by giving written notice of such chan ges to the other party as provided herein.
5. Successors and Assigns . Each and all of the rights, duties and covenants herein contained shall inure to the benefit of and shall apply to bind Grantor, Grantee and their respective successors, assigns, and successors-in-interest.
6. Attorney’s Fees. Should suit be brought to enforce or interpret any part of this Grant of Easement, the “prevailing party” shall be entitled to recover an award of its reasonable attorney’s fees and legal costs.
IN WITNESS WHEREOF, this Easement Deed has been executed by Grantor and Grantee as of __________________________________, 2023.
IRVINE RANCH WATER DISTRICT,
a California Water District
By:
Name: Paul A. Cook
Title: General Manager
Item: 10
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19498224.1
STATE OF CALIFORNIA )
)
COUNTY OF ORANGE )
On __________________, 20___, before me, _________________________________, a Notary Public, personally appeared ___________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________
Notary Public
(SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Item: 10
76 Attachment 2 - Access Easement
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19498224.1
CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 27821
This is to certify that an interest in real property conveyed by Grant of Easement for access purposes in the City of Lake Forest dated from IRVINE RANCH WATER DISTRICT, a California water district, to CITY OF LAKE FOREST, a California general law municipal corporation, is hereby accepted by the undersigned City Clerk on behalf of the City of Lake Forest pursuant to the authority conferred by Resolution No. 99 -41 of the City Council of the City of Lake Forest, California, adopted on the 5 th day of Oct ober, 1999, and the Grantee consents to the recordation thereof by its duly authorized officer.
Dated:
Lisa Berglund
City Clerk
City of Lake Forest, California
Item: 10
77
EXHIBIT “A” 1
LEGAL DESCRIPTION 2
3 IRVINE RANCH WATER DISTRICT 4
EASEMENT PARCELS TO 5
THE CITY OF LAKE FOREST 6
7 Those certain parcels of land situated in the City of Lake Forest, County of Orange, State of 8 California, being a portion of Parcel 2 of Amending Parcel Map No. 89-218 as shown on the 9 map thereof filed in Book 274, pages 27 through 29 of Parcel Maps in the Office of the County 10 Recorder of said Orange County, described as follows: 11 12 PARCEL 1 – ACCESS EASEMENT 13
14 COMMENCING at the intersection of the centerline of Olympus w ith the centerline of Civic 15 Center Drive as shown on Tract No. 17331 as shown o n a map thereof filed in Book 982, 16 Pages 11 through 20 of Miscellaneous Maps in the Of fice of the County Recorder of said 17 Orange County; thence along said centerline of Civic Center Drive the following courses: 18 South 16°23'45" West 364.90 feet to the beginning of a tangent curve concave northwesterly 19 and having a radius of 500.00 feet; 20
thence along said curve southerly 16.09 feet through a central angle of 01°50'37"; 21 thence tangent from said curve South 18°14'22" West 79.27 feet to the beginning of a tangent 22 curve concave northwesterly and having a radius of 51.00 feet; 23 thence along said curve southwesterly 21.87 feet through a central angle of 24°34'07"; thence 24 leaving said centerline radially from said curve So uth 47°11'31" East 34.54 feet to the 25 southwesterly terminus of that certain curve shown as having a radius of 46.00 feet and a 26 central angle of 23°50’04” on said Tract No. 17331 in the southeasterly Right-of-Way line of 27 said Civic Center Drive and to a point on a non-tan gent curve concave northwesterly and 28 having a radius of 54.00 feet, a radial line of sai d curve from said point bears 29 North 59°37'13" West; said point also being the TRUE POINT OF BEGINNING ; thence along 30 said southeasterly Right-of-Way line and said curve southwesterly 58.05 feet through a 31 central angle of 61°35'34" to the general southeasterly boundary line of said Tract No. 17331 32 and a point on a non-tangent curve concave northwesterly and having a radius of 90.00 feet, 33 a radial line of said curve from said intersection bears North 76°53'44" West; thence along 34 said general southeasterly boundary line of Tract No. 17331 the following courses: 35 Thence along said curve southwesterly 67.63 feet through a central angle of 43°03'18" 36 to a point of reverse curvature with a curve concav e southeasterly and having a radius of 37 215.00 feet, a radial line of said curve from said point bears South 33°50'26" East; 38 thence along said curve southwesterly 100.98 feet through central angle of 26°54'37" 39 to a point of compound curvature with a curve concave southeasterly and having a radius of 40 250.00 feet, a radial line of said curves from said point bears South 60°45'03" East; 41 thence along said curve southerly 133.36 feet through a central angle of 30°33'49" 42 Item: 10
78 Irvine Ranch Water District Easement
Parcels to The City of Lake Forest
to a point of reverse curvature with a curve concav e northwesterly and having a radius of 43 100.00 feet, a radial line of said curve from said point bears South 88°41'08" West; 44 thence along said curve southerly 56.50 feet through central angle of 32°22'22"; 45 thence tangent from said curve South 31°03'30" West 51.66 feet to the beginning of a tangent 46 curve concave northwesterly and having a radius of 50.00 feet; 47 thence along said curve southwesterly 13.44 feet through a central angle of 15°23'44"; 48 thence tangent from said curve South 46°27'14" West 59.27 feet to the beginning of a tangent 49 curve concave northwesterly and having a radius of 109.00 feet; 50 thence along said curve southwesterly 54.68 feet through a central angle of 28°44'41"; 51 thence tangent from said curve South 75°11'55" West 11.85 feet to the beginning of a tangent 52 curve concave northerly and having a radius of 250.00 feet; 53 thence along said curve westerly 61.09 feet through a central angle of 14°00'06"; 54 thence tangent from said curve South 89°12'01" West 130.65 feet to an angle point in the 55 general southeasterly boundary line of said Tract N o. 17331, said point also described as a 56 “Point of Commencement” of Parcel 2 in the Grant Deed to Lennar Homes of California, Inc., 57 recorded September 1, 2017 as Instrument No. 201700 0374689, of Official Records, said 58 point bears North 30°27’53” East 36.32 feet from th e True Point of Beginning of said Parcel 59 2; thence leaving said general southeasterly bounda ry line of Tract No. 17331 along said 60 hereinbefore mentioned course South 30°27’53” West 36.32 feet to the True Point of 61 Beginning of said Parcel 2 and to a point on a non-tangent curve concave southwesterly and 62 having a radius of 622.00 feet, a radial line of sa id curve from said point bears 63 South 30°27’53” West; thence along the northeasterl y line of said Parcel 2 the following 64 courses: 65
Thence along said curve southeasterly 177.37 feet through a central angle of 16°20'19" 66 to a point of compound curvature with a curve concave southwesterly and having a radius of 67 207.00 feet, a radial line of said curves from said point bears South 46°48'12" West; 68 thence along said curve southeasterly 72.50 feet through a central angle of 20°03'59" 69 to a point of reverse curvature with a curve concav e northeasterly and having a radius of 70 259.00 feet, a radial line of said curve from said point bears North 66°52'11" East; 71 thence along said curve southeasterly 216.72 feet through central angle of 47°56'35"; 72 thence tangent from said curve South 71°04'24" East 48.98 feet to the beginning of a tangent 73 curve concave northerly and having a radius of 100.00 feet; 74 thence leaving said northeasterly line of Parcel 2 and along said curve easterly 53.34 feet 75 through a central angle of 30°33'40"; thence tangen t from said curve North 78°21'56" East 76
35.19 feet to the beginning of a tangent curve concave northwesterly and having a radius of 77 270.00 feet, said curve hereinafter referred to as COURSE “A” ; thence along said curve 78 northeasterly 216.73 feet through a central angle of 45°59'27"; thence tangent from said curve 79 North 32°22'29" East 255.46 feet, hereinafter refer red to as COURSE “B” , to the beginning 80 of a tangent curve concave southeasterly and having a radius of 40.00 feet, hereinafter 81 referred to as COURSE “C” ; thence along said curve northeasterly 27.95 feet through a 82 central angle of 40°02'31" to a line parallel with and 20.00 feet southeasterly from the general 83 southerly boundary line of said Tract No. 17331; th ence tangent from said curve along said 84 Item: 10
79 Irvine Ranch Water District Easement
Parcels to The City of Lake Forest
parallel line North 72°25'00" East 73.16 feet to the northwesterly boundary line of Parcel Map 85 No. 85-108, filed in Book 197, Pages 28 through 31of Parcel Maps in the Office of the County 86 Recorder of said Orange County; thence along said n orthwesterly boundary line of Parcel 87 Map No. 85-108 North 33°29'34" East 67.80 feet to the northeasterly boundary line of Parcel 88 Map No. 85-108; thence along said northeasterly bou ndary line of Parcel Map No. 85-108 89 South 58°30'59" East 3.13 feet to a line parallel w ith and 20.00 feet southeasterly from the 90 southeasterly boundary line of said Tract 17331; thence leaving said northeasterly boundary 91 line of Parcel Map No. 85-108 along said parallel l ine North 34°35'00" East 102.43 feet to a 92 line parallel with and 20.00 feet southeasterly fro m said southeasterly boundary line of said 93 Tract No. 17331; thence along said parallel line No rth 29°15'00" East 227.41 feet to a line 94 parallel with and 20.00 feet southeasterly from said southeasterly boundary line of said Tract 95 17331; thence along said parallel line North 26°30'00" East 188.44 feet to a line parallel with 96 and 20.00 feet southeasterly from said southeasterl y boundary line of said Tract 17331; 97 thence along said parallel line North 26°45'00" Eas t 157.48 feet to a line parallel with and 98
15.00 feet southeasterly from said southeasterly bo undary line of said Tract 17331; thence 99 along said parallel line North 21°50'00" East 299.21 feet to a line parallel with and 15.00 feet 100 southeasterly from said southeasterly boundary line of said Tract 17331; thence along said 101 parallel line North 20°05'00" East 72.83 feet to th e northeasterly boundary line of said 102 Amending Map Parcel Map No. 89-218; thence along said northeasterly boundary line of said 103 Amending Map Parcel Map No. 89-218 North 68°23'41" West 15.01 feet to said southeasterly 104 boundary line of said Tract No. 17331; thence along said southeasterly boundary line of said 105 Tract No. 17331 the following courses: 106
Thence South 20°05'00" West 73.00 feet; 107
thence South 21°50'00" West 240.00 feet; 108
thence South 26°45'00" West 215.00 feet; 109
thence South 26°30'00" West 188.00 feet; 110
thence South 29°15'00" West 226.00 feet; 111
thence South 34°35'00" West 127.96 feet; 112
thence South 38°55'00" West 35.87 feet to said general southerly boundary line of Tract No. 113 17331; 114
thence along said general southerly boundary line of Tract No. 17331 South 72°25'00" West 115
64.88 feet to the beginning of a tangent curve concave southeasterly and having a radius of 116
60.00 feet, said curve being concentric with and 20 .00 feet northwesterly from hereinbefore 117 described COURSE “C” ; thence leaving said southeasterly boundary line o f said Tract No. 118 17331 and along said concentric curve southwesterly 41.93 feet through a central angle of 119 40°02'31" to a line parallel with and 20.00 feet no rthwesterly from hereinbefore described 120 COURSE “B” ; thence tangent from said curve along said parallel line South 32°22'29" West 121 255.46 feet to the beginning of a tangent curve concave northwesterly and having a radius of 122 250.00 feet, said curve being concentric with and 20.00 feet northwesterly from hereinbefore 123 described COURSE “A” ; thence along said concentric curve southwesterly 175.46 feet 124 through a central angle of 40°12'48" to a point of compound curvature with a curve concave 125 northerly and having a radius of 200.00 feet, a radial line of said curves from said point bears 126 Item: 10
80 Irvine Ranch Water District Easement
Parcels to The City of Lake Forest
North 17°24'43" West; thence leaving said concentri c curve along said curve westerly 127 126.85 feet through a central angle of 36°20'19"; t hence tangent from said curve 128 North 71°04'24" West 19.61 feet to the beginning of a tangent curve concave northeasterly 129 and having a radius of 150.00 feet; thence along said curve northwesterly 35.24 feet through 130 a central angle of 13°27'42"; thence tangent from said curve North 57°36'42" West 22.56 feet 131 to the beginning of a tangent curve concave northeasterly and having a radius of 232.00 feet, 132 said curve being concentric with and 27.00 feet nor theasterly from said northeasterly line of 133 Parcel 2; thence along said concentric curve northw esterly 139.62 feet through a central 134 angle of 34°28'53" to a point of reverse curvature with a curve concave southwesterly and 135 having a radius of 234.00 feet, said curve being concentric with and 27.00 feet northeasterly 136 from said northeasterly line of Parcel 2, a radial line of said curve from said point bears 137 South 66°52'11" West; thence along said concentric curve northwesterly 81.95 feet through 138 central angle of 20°03'59" to a point of compound c urvature with a curve concave 139 southwesterly and having a radius of 649.00 feet, s aid curve being concentric with and 140
27.00 feet northeasterly from said northeasterly li ne of Parcel 2, a radial line of said curves 141 from said point bears South 46°48'12" West; thence along said concentric curve northwesterly 142
48.64 feet through a central angle of 04°17'38" to a point of reverse curvature with a curve 143 concave southeasterly and having a radius of 35.00 feet, a radial line of said curve from said 144 point bears North 42°30'34" East; thence leaving sa id concentric curve along said curve 145 northwesterly and northeasterly 83.50 feet through central angle of 136°41'27" to a line 146 parallel with and 30.00 feet southerly from said ge neral southeasterly boundary line of Tract 147 No. 17331; thence tangent from said curve along sai d parallel line North 89°12'01" East 148
3.13 feet to the beginning of a tangent curve conca ve northerly and having a radius of 149 280.00 feet, said curve being concentric with and 3 0.00 southerly from said general 150 southeasterly boundary line of Tract No. 17331; thence along said concentric curve easterly 151
68.43 feet through a central angle of 14°00'06" to a line parallel with and 30.00 feet southerly 152 from said general southeasterly boundary line of Tr act No. 17331; thence tangent from said 153 curve along said parallel line North 75°11'55" East 11.85 feet to the beginning of a tangent 154 curve concave northwesterly and having a radius of 139.00 feet, said curve being concentric 155 with and 30.00 feet southerly from said general sou theasterly boundary line of Tract No. 156 17331; thence along said concentric curve northeast erly 69.73 feet through a central angle 157 of 28°44'41" to a line parallel with and 30.00 feet southeasterly from said general 158 southeasterly boundary line of Tract No. 17331; the nce tangent from said curve along said 159 parallel line North 46°27'14" East 59.27 feet to th e beginning of a tangent curve concave 160 northwesterly and having a radius of 80.00 feet, sa id curve being concentric with and 161
30.00 feet southeasterly from said general southeas terly boundary line of Tract No. 17331; 162 thence along said concentric curve northeasterly 21 .50 feet through a central angle of 163 15°23'44" to a line parallel with and 30.00 feet southeasterly from said general southeasterly 164 boundary line of Tract No. 17331; thence tangent fr om said curve along said parallel line 165 North 31°03'30" East 51.66 feet to the beginning of a tangent curve concave northwesterly 166 and having a radius of 130.00 feet, said curve bein g concentric with and 30.00 feet 167 southeasterly from said general southeasterly boundary line of Tract No. 17331; thence along 168 Item: 10
81 Irvine Ranch Water District Easement
Parcels to The City of Lake Forest
said curve northerly 73.45 feet through a central a ngle of 32°22'22" to a point of reverse 169 curvature with a curve concave easterly and having a radius of 220.00 feet, said curve being 170 concentric with and 30.00 easterly from said general southeasterly boundary line of Tract No. 171 17331, a radial line of said curves from said point bears North 88°41'08" East; thence along 172 said concentric curve northerly 20.86 feet through central angle of 05°25'55" to a point 173 hereinafter referred to as POINT “A” , a radial line of said curves from said point bears South 174 85°52'57" East; thence continuing along said concentric curve northerly 96.50 feet through a 175 central angle of 25°07'54" to a point of compound c urvature with a curve concave 176 southeasterly and having a radius of 185.00 feet, s aid curve being concentric with and 177
30.00 feet southeasterly from said general southeasterly boundary line of Tract No. 17331, a 178 radial line of said curves from said point bears So uth 60°45'03" East; thence along said 179 concentric curve and its northeasterly prolongation northeasterly 121.79 feet through a 180 central angle of 37°43'11" to a point of reverse curvature with a curve concave northwesterly 181 and having a radius of 70.00 feet, a radial line of said curve from said point bears 182 North 23°01'52" West; thence along said curve northeasterly 72.53 feet through central angle 183 of 59°21'46"; thence tangent from said curve North 07°36’22” East 40.89 feet to said general 184 southeasterly boundary line of Tract No. 17331 and to a point on a non-tangent curve concave 185 northwesterly and having a radius of 46.00 feet, a radial line of said curve from said point 186 bears North 42°40’00” West; thence along said general southeasterly boundary line of Tract 187 No. 17331 and said curve southwesterly 10.87 feet t hrough a central angle of 13°32’04” to 188 said southeasterly Right-of-Way line of Civic Cente r Drive and the TRUE POINT OF 189 BEGINNING . 190
191
CONTAINING : 73,836 Square Feet, more or less. 192
193
PARCEL 2 – SLOPE, LANDSCAPE MAINTENANCE AND DRAINAGE EASEMENT 194 195
BEGINNING at the hereinbefore described POINT “A” and at a point on a curve concave 196 southeasterly and having a radius of 220.00 feet, s aid curve being concentric with and 197
30.00 feet southeasterly from the general southerly boundary line of Tract No. 17331, a radial 198 line of said curve from said point bears South 85°5 2’57” East; thence along said concentric 199 curve northerly 96.50 feet through a central angle of 25°07'54" to a point of compound 200 curvature with a curve concave southeasterly and having a radius of 185.00 feet, said curve 201 being concentric with and 30.00 feet southeasterly from said general southeasterly boundary 202 line of Tract No. 17331, a radial line of said curv es from said point bears 203 South 60°45'03" East; thence along said curve and i ts northeasterly prolongation 204 northeasterly 121.79 feet through a central angle of 37°43'11" to a point of reverse curvature 205 with a curve concave northwesterly and having a rad ius of 70.00 feet, a radial line of said 206 curves from said point bears North 23°01'52" West; thence leaving said concentric curve 207 along said curve northeasterly 72.53 feet through central angle of 59°21’46"; thence tangent 208 from said curve North 07°36'22" East 40.89 feet to said general southerly boundary line of 209 said Tract No. 17331 and to a point on a non-tangent curve concave northwesterly and having 210 Item: 10
82 Irvine Ranch Water District Easement
Parcels to The City of Lake Forest
a radius of 46.00 feet, a radial line of said curve from said point bears North 42°40'00" West; 211 thence along said general southeasterly boundary li ne of Tract No. 17331 the following 212 courses: 213
Thence along said curve northeasterly 8.27 feet thr ough a central angle of 10°18’00” to an 214 intersection with a non-tangent curve concave weste rly and having a radius of 70.95 feet, a 215 radial line of said curve from said intersection bears South 69°36'20" West; 216 thence along said curve southerly 34.30 feet through a central angle of 27°42'00"; 217 thence non-tangent from said curve South 73°36'15" East 31.47 feet; 218 thence South 06°37'49" West 7.27 feet; 219
thence South 15°32'51" West 49.76 feet to a point o n a non-tangent curve concave 220 southwesterly and having a radius of 221.50 feet, a radial line of said curve from said point 221 bears South 02°49'40" East; 222
thence along said curve easterly 145.30 feet throug h a central angle of 37°35'09" to a point 223 of compound curvature with a curve concave southwesterly and having a radius of 90.00 feet, 224 a radial line of said curves from said point bears South 34°45'29" West; 225 thence along said curve southeasterly 19.57 feet through a central angle of 12°27'31"; 226 thence tangent from said curve South 42°47'00" East 22.32 feet; 227 thence leaving said general southeasterly boundary line of Tract No. 17331 228 North 63°00'00" West 67.29 feet; thence North 70°59'05" West 50.18 feet to the beginning of 229 a tangent curve concave southeasterly and having a radius of 180.00 feet; thence along said 230 curve westerly and southwesterly 254.07 feet throug h a central angle of 80°52'22"; thence 231 tangent from said curve South 28°08'33" West 4.80 f eet to the beginning of a tangent curve 232 concave southeasterly and having a radius of 163.26 feet, a radial line of said curve from the 233 southerly terminus thereof bears South 85°52’57” Ea st and passes through the Point of 234 Beginning; thence along said curve southerly 68.46 feet through a central angle of 24°01'30"; 235 thence radially from said curve North 85°52'57" Wes t 10.58 feet to said POINT “A” and to 236 the POINT OF BEGINNING. 237
238
CONTAINING : 10,111 Square Feet, more or less. 239
240
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. 241 242
EXHIBIT “B” attached and by this reference made a part hereof 243 244
245
246
___________________________________________ 247
Steven C. Slocum Date 248
Michael Baker International 249
5 Hutton Centre, Suite 500 250
Santa Ana, California 92707 251
JN 175616 252
H:\pdata\175616\CADD\Mapping\Exhibits\IRWD ACCESS & SLOPE\Legal\175616 IRWD_Access_Slope.docm 253 01/25/2023
Item: 10
83 5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM 01/25/2023
Item: 10
84 5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM Item: 10
85 5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM Item: 10
86 5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM Item: 10
87 5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM Item: 10
88 5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM Item: 10
89 5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM Item: 10
90 5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM Item: 10
91 5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM Item: 10
92 ATTACHMENT 2
Item: 10
93 Attachment 3 - Maintenance Easement
- 2 -
19498104.1
PLEASE RECORD AND WHEN
RECORDED, RETURN TO:
City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
Attn: City Clerk
ASSESSORS PARCEL NO(s).:
610-691-31, 32, 38
__________________________________________________________________________________________________________________ Space above this line for Recorder’s Use Only
GRANT OF EASEMENT
(Slope, Landscape, and Drainage)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, IRVINE RANCH WATER DISTRICT, a California Water District organized under and existing pursuant to Section 34000 et seq. of the California Water Code, (“Grantor”) does hereby grant and convey to CITY OF LAKE FOREST, a California municipal corporation, (“Grantee”) a perpetual easement for slope, landscape maintenance and drainage purposes in, on, and across the real property in the City of Lake Forest , County of Orange, State of Californi a, described as Parcel 2 on Exhibit “A” and depicted on Exhibit “B” attached hereto and made a part hereof by this reference (the “Easement Area”).
SUBJECT TO any and all covenants, conditions, restrictions, reservations, easements, rights, rights-of-way and encumbrances of record or apparent or of which Grantee has actual notice in, on, across or under the Easement Area.
A. Maintenance and Use of Easement Area:
1. Grantee shall maintain the slopes, landscaping, and adequate drainage upon and across all areas of Parcel 2. This Easement is subject to the superior rights of the Grantor to use the Easement Area for any purpose whatsoever. Grantor retains the rights tha t are not inconsistent with the easement, including, but not limited to, compatible use for improvements under, upon, over and across the Easement Area, together with the right to grant nonexclusive easements in gross on, over, under and across the Easemen t Area or portions of the Easement Area for the installation, operation, maintenance, reconstruction, repair and replacement of such uses.
Indemnification
1. Indemnification by Grantee: Grantee hereby agrees to defend, indemnify and hold free and harml ess Grantor and Grantor’s elected and appointed officials, officers, employees, agents, and representatives from and against any and all liability, expense (including defense costs and legal fees), and claims (“Claims”) for damages of any nature whatsoever, including, but not limited to, bodily injury, wrongful death, or property damage, arising from or connected with Grantee’s activities under Item: 10
94 Attachment 3 - Maintenance Easement
- 3 -
19498104.1
this Grant of Easement, including any Worker’s Compensation Claims, arising from or connected with services performed by or on behalf of Grantee by any person under this Grant of Easement, whether such claims, damages, liabilities, costs, or judgments are based upon alleged negligence, a dangerous condition of public property, or any other theory of liability.
2. Indemnification by Grantor: Grantor hereby agrees to defend, indemnify, and hold free and harmless Grantee and Grantee’s elected and appointed officials, officers, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, personal injury, death or property damage, arising from or connected with Grantor’s performance under this Grant of Easement, including any Worker’s Compensation suits, liability, or expense, arising from or connected with services performed on behalf of Grantor by any person under this Agreement, whether such claims, damages, liabilities, costs, or judgments are based upon alleged neg ligence, a dangerous condition of public property, or any other theory of liability.
F. Miscellaneous.
1. Modification. This Grant of Easement may not be modified, terminated, or rescinded, in whole or in part, except by a written instrument duly executed and acknowledged by the parties hereto, their successors, assigns or successors -in-interest and duly recorded in the Official Records of the Orange County Recorder.
2. Governing Law . This Grant of Easement shall be governed and construed in accordance with the laws of the State of California. Venue shall be Orange County.
3. Effective Date. The terms and conditions of this Grant of Easement shall be effective as of the date this Grant of Easement is recorded in the Official Records of the Orange County Recorder.
4. Notice. Any notice to be given under this Grant of Easement shall be give n by personal delivery or by depositing the same in the United States mail, certified or registered, postage prepaid, at the following address:
To Grantee: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
Attn.: City Engineer
To Grantor: Irvine Ranch Water District
15600 Sand Canyon Avenue
P.O. Box 57000
Irvine, CA 92618
Attn.: General Manager
Any notice delivered personally shall be effective upon delivery. Any notice given by mail as above provided shall be effective forty-eight (48) hours after deposit in mail. Any party may change its address for notices by giving written notice of such changes to the other party as provided herein.
Item: 10
95 Attachment 3 - Maintenance Easement
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19498104.1
5. Successors and Assigns . Each and all of the rights, duties and covenant s herein contained shall inure to the benefit of and shall apply to bind Grantor, Grantee and their respective successors, assigns, and successors-in-interest.
6. Attorney’s Fees. Should suit be brought to enforce or interpret any part of this Grant of Easement, the “prevailing party” shall be entitled to recover an award of its reasonable attorney’s fees and legal costs.
IN WITNESS WHEREOF, this Easement Deed has been executed by Grantor and Grantee as of __________________________________, 2023.
IRVINE RANCH WATER DISTRICT,
a California Water District
By:
Name: Paul A. Cook
Title: General Manager
Item: 10
96 Attachment 3 - Maintenance Easement
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19498104.1
STATE OF CALIFORNIA )
)
COUNTY OF ORANGE )
On __________________, 20___, before me, _________________________________, a N otary Public, personally appeared ___________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California t hat the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________
Notary Public
(SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Item: 10
97 Attachment 3 - Maintenance Easement
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19498104.1
CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 27821
This is to certify that an interest in real property conveyed by Grant of Easement for access purposes in the City of Lake Forest dated from IRVINE RANCH WATER DISTRICT, a California water district, to CITY OF LAKE FOREST, a California general law municipal corporation, is hereby accepted by the undersigned City Clerk on behalf of the City of Lake Forest pursuant to the authority conferred by Resolution No. 99 -41 of the City Council of the City of Lake Forest, California, adopted on the 5 th day of Oct ober, 1999, and the Grantee consents to the recordation thereof by its duly authorized officer.
Dated:
Lisa Berglund
City Clerk
City of Lake Forest, California
Item: 10
98
EXHIBIT “A” 1
LEGAL DESCRIPTION 2
3 IRVINE RANCH WATER DISTRICT 4
EASEMENT PARCELS TO 5
THE CITY OF LAKE FOREST 6
7 Those certain parcels of land situated in the City of Lake Forest, County of Orange, State of 8 California, being a portion of Parcel 2 of Amending Parcel Map No. 89-218 as shown on the 9 map thereof filed in Book 274, pages 27 through 29 of Parcel Maps in the Office of the County 10 Recorder of said Orange County, described as follows: 11 12 PARCEL 1 – ACCESS EASEMENT 13
14 COMMENCING at the intersection of the centerline of Olympus w ith the centerline of Civic 15 Center Drive as shown on Tract No. 17331 as shown o n a map thereof filed in Book 982, 16 Pages 11 through 20 of Miscellaneous Maps in the Of fice of the County Recorder of said 17 Orange County; thence along said centerline of Civic Center Drive the following courses: 18 South 16°23'45" West 364.90 feet to the beginning of a tangent curve concave northwesterly 19 and having a radius of 500.00 feet; 20
thence along said curve southerly 16.09 feet through a central angle of 01°50'37"; 21 thence tangent from said curve South 18°14'22" West 79.27 feet to the beginning of a tangent 22 curve concave northwesterly and having a radius of 51.00 feet; 23 thence along said curve southwesterly 21.87 feet through a central angle of 24°34'07"; thence 24 leaving said centerline radially from said curve So uth 47°11'31" East 34.54 feet to the 25 southwesterly terminus of that certain curve shown as having a radius of 46.00 feet and a 26 central angle of 23°50’04” on said Tract No. 17331 in the southeasterly Right-of-Way line of 27 said Civic Center Drive and to a point on a non-tan gent curve concave northwesterly and 28 having a radius of 54.00 feet, a radial line of sai d curve from said point bears 29 North 59°37'13" West; said point also being the TRUE POINT OF BEGINNING ; thence along 30 said southeasterly Right-of-Way line and said curve southwesterly 58.05 feet through a 31 central angle of 61°35'34" to the general southeasterly boundary line of said Tract No. 17331 32 and a point on a non-tangent curve concave northwesterly and having a radius of 90.00 feet, 33 a radial line of said curve from said intersection bears North 76°53'44" West; thence along 34 said general southeasterly boundary line of Tract No. 17331 the following courses: 35 Thence along said curve southwesterly 67.63 feet through a central angle of 43°03'18" 36 to a point of reverse curvature with a curve concav e southeasterly and having a radius of 37 215.00 feet, a radial line of said curve from said point bears South 33°50'26" East; 38 thence along said curve southwesterly 100.98 feet through central angle of 26°54'37" 39 to a point of compound curvature with a curve concave southeasterly and having a radius of 40 250.00 feet, a radial line of said curves from said point bears South 60°45'03" East; 41 thence along said curve southerly 133.36 feet through a central angle of 30°33'49" 42 Item: 10
99 Irvine Ranch Water District Easement
Parcels to The City of Lake Forest
to a point of reverse curvature with a curve concav e northwesterly and having a radius of 43 100.00 feet, a radial line of said curve from said point bears South 88°41'08" West; 44 thence along said curve southerly 56.50 feet through central angle of 32°22'22"; 45 thence tangent from said curve South 31°03'30" West 51.66 feet to the beginning of a tangent 46 curve concave northwesterly and having a radius of 50.00 feet; 47 thence along said curve southwesterly 13.44 feet through a central angle of 15°23'44"; 48 thence tangent from said curve South 46°27'14" West 59.27 feet to the beginning of a tangent 49 curve concave northwesterly and having a radius of 109.00 feet; 50 thence along said curve southwesterly 54.68 feet through a central angle of 28°44'41"; 51 thence tangent from said curve South 75°11'55" West 11.85 feet to the beginning of a tangent 52 curve concave northerly and having a radius of 250.00 feet; 53 thence along said curve westerly 61.09 feet through a central angle of 14°00'06"; 54 thence tangent from said curve South 89°12'01" West 130.65 feet to an angle point in the 55 general southeasterly boundary line of said Tract N o. 17331, said point also described as a 56 “Point of Commencement” of Parcel 2 in the Grant Deed to Lennar Homes of California, Inc., 57 recorded September 1, 2017 as Instrument No. 201700 0374689, of Official Records, said 58 point bears North 30°27’53” East 36.32 feet from th e True Point of Beginning of said Parcel 59 2; thence leaving said general southeasterly bounda ry line of Tract No. 17331 along said 60 hereinbefore mentioned course South 30°27’53” West 36.32 feet to the True Point of 61 Beginning of said Parcel 2 and to a point on a non-tangent curve concave southwesterly and 62 having a radius of 622.00 feet, a radial line of sa id curve from said point bears 63 South 30°27’53” West; thence along the northeasterl y line of said Parcel 2 the following 64 courses: 65
Thence along said curve southeasterly 177.37 feet through a central angle of 16°20'19" 66 to a point of compound curvature with a curve concave southwesterly and having a radius of 67 207.00 feet, a radial line of said curves from said point bears South 46°48'12" West; 68 thence along said curve southeasterly 72.50 feet through a central angle of 20°03'59" 69 to a point of reverse curvature with a curve concav e northeasterly and having a radius of 70 259.00 feet, a radial line of said curve from said point bears North 66°52'11" East; 71 thence along said curve southeasterly 216.72 feet through central angle of 47°56'35"; 72 thence tangent from said curve South 71°04'24" East 48.98 feet to the beginning of a tangent 73 curve concave northerly and having a radius of 100.00 feet; 74 thence leaving said northeasterly line of Parcel 2 and along said curve easterly 53.34 feet 75 through a central angle of 30°33'40"; thence tangen t from said curve North 78°21'56" East 76
35.19 feet to the beginning of a tangent curve concave northwesterly and having a radius of 77 270.00 feet, said curve hereinafter referred to as COURSE “A” ; thence along said curve 78 northeasterly 216.73 feet through a central angle of 45°59'27"; thence tangent from said curve 79 North 32°22'29" East 255.46 feet, hereinafter refer red to as COURSE “B” , to the beginning 80 of a tangent curve concave southeasterly and having a radius of 40.00 feet, hereinafter 81 referred to as COURSE “C” ; thence along said curve northeasterly 27.95 feet through a 82 central angle of 40°02'31" to a line parallel with and 20.00 feet southeasterly from the general 83 southerly boundary line of said Tract No. 17331; th ence tangent from said curve along said 84 Item: 10
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Irvine Ranch Water District Easement
Parcels to The City of Lake Forest
parallel line North 72°25'00" East 73.16 feet to the northwesterly boundary line of Parcel Map 85 No. 85-108, filed in Book 197, Pages 28 through 31of Parcel Maps in the Office of the County 86 Recorder of said Orange County; thence along said n orthwesterly boundary line of Parcel 87 Map No. 85-108 North 33°29'34" East 67.80 feet to the northeasterly boundary line of Parcel 88 Map No. 85-108; thence along said northeasterly bou ndary line of Parcel Map No. 85-108 89 South 58°30'59" East 3.13 feet to a line parallel w ith and 20.00 feet southeasterly from the 90 southeasterly boundary line of said Tract 17331; thence leaving said northeasterly boundary 91 line of Parcel Map No. 85-108 along said parallel l ine North 34°35'00" East 102.43 feet to a 92 line parallel with and 20.00 feet southeasterly fro m said southeasterly boundary line of said 93 Tract No. 17331; thence along said parallel line No rth 29°15'00" East 227.41 feet to a line 94 parallel with and 20.00 feet southeasterly from said southeasterly boundary line of said Tract 95 17331; thence along said parallel line North 26°30'00" East 188.44 feet to a line parallel with 96 and 20.00 feet southeasterly from said southeasterl y boundary line of said Tract 17331; 97 thence along said parallel line North 26°45'00" Eas t 157.48 feet to a line parallel with and 98
15.00 feet southeasterly from said southeasterly bo undary line of said Tract 17331; thence 99 along said parallel line North 21°50'00" East 299.21 feet to a line parallel with and 15.00 feet 100 southeasterly from said southeasterly boundary line of said Tract 17331; thence along said 101 parallel line North 20°05'00" East 72.83 feet to th e northeasterly boundary line of said 102 Amending Map Parcel Map No. 89-218; thence along said northeasterly boundary line of said 103 Amending Map Parcel Map No. 89-218 North 68°23'41" West 15.01 feet to said southeasterly 104 boundary line of said Tract No. 17331; thence along said southeasterly boundary line of said 105 Tract No. 17331 the following courses: 106
Thence South 20°05'00" West 73.00 feet; 107
thence South 21°50'00" West 240.00 feet; 108
thence South 26°45'00" West 215.00 feet; 109
thence South 26°30'00" West 188.00 feet; 110
thence South 29°15'00" West 226.00 feet; 111
thence South 34°35'00" West 127.96 feet; 112
thence South 38°55'00" West 35.87 feet to said general southerly boundary line of Tract No. 113 17331; 114
thence along said general southerly boundary line of Tract No. 17331 South 72°25'00" West 115
64.88 feet to the beginning of a tangent curve concave southeasterly and having a radius of 116
60.00 feet, said curve being concentric with and 20 .00 feet northwesterly from hereinbefore 117 described COURSE “C” ; thence leaving said southeasterly boundary line o f said Tract No. 118 17331 and along said concentric curve southwesterly 41.93 feet through a central angle of 119 40°02'31" to a line parallel with and 20.00 feet no rthwesterly from hereinbefore described 120 COURSE “B” ; thence tangent from said curve along said parallel line South 32°22'29" West 121 255.46 feet to the beginning of a tangent curve concave northwesterly and having a radius of 122 250.00 feet, said curve being concentric with and 20.00 feet northwesterly from hereinbefore 123 described COURSE “A” ; thence along said concentric curve southwesterly 175.46 feet 124 through a central angle of 40°12'48" to a point of compound curvature with a curve concave 125 northerly and having a radius of 200.00 feet, a radial line of said curves from said point bears 126 Item: 10
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North 17°24'43" West; thence leaving said concentri c curve along said curve westerly 127 126.85 feet through a central angle of 36°20'19"; t hence tangent from said curve 128 North 71°04'24" West 19.61 feet to the beginning of a tangent curve concave northeasterly 129 and having a radius of 150.00 feet; thence along said curve northwesterly 35.24 feet through 130 a central angle of 13°27'42"; thence tangent from said curve North 57°36'42" West 22.56 feet 131 to the beginning of a tangent curve concave northeasterly and having a radius of 232.00 feet, 132 said curve being concentric with and 27.00 feet nor theasterly from said northeasterly line of 133 Parcel 2; thence along said concentric curve northw esterly 139.62 feet through a central 134 angle of 34°28'53" to a point of reverse curvature with a curve concave southwesterly and 135 having a radius of 234.00 feet, said curve being concentric with and 27.00 feet northeasterly 136 from said northeasterly line of Parcel 2, a radial line of said curve from said point bears 137 South 66°52'11" West; thence along said concentric curve northwesterly 81.95 feet through 138 central angle of 20°03'59" to a point of compound c urvature with a curve concave 139 southwesterly and having a radius of 649.00 feet, s aid curve being concentric with and 140
27.00 feet northeasterly from said northeasterly li ne of Parcel 2, a radial line of said curves 141 from said point bears South 46°48'12" West; thence along said concentric curve northwesterly 142
48.64 feet through a central angle of 04°17'38" to a point of reverse curvature with a curve 143 concave southeasterly and having a radius of 35.00 feet, a radial line of said curve from said 144 point bears North 42°30'34" East; thence leaving sa id concentric curve along said curve 145 northwesterly and northeasterly 83.50 feet through central angle of 136°41'27" to a line 146 parallel with and 30.00 feet southerly from said ge neral southeasterly boundary line of Tract 147 No. 17331; thence tangent from said curve along sai d parallel line North 89°12'01" East 148
3.13 feet to the beginning of a tangent curve conca ve northerly and having a radius of 149 280.00 feet, said curve being concentric with and 3 0.00 southerly from said general 150 southeasterly boundary line of Tract No. 17331; thence along said concentric curve easterly 151
68.43 feet through a central angle of 14°00'06" to a line parallel with and 30.00 feet southerly 152 from said general southeasterly boundary line of Tr act No. 17331; thence tangent from said 153 curve along said parallel line North 75°11'55" East 11.85 feet to the beginning of a tangent 154 curve concave northwesterly and having a radius of 139.00 feet, said curve being concentric 155 with and 30.00 feet southerly from said general sou theasterly boundary line of Tract No. 156 17331; thence along said concentric curve northeast erly 69.73 feet through a central angle 157 of 28°44'41" to a line parallel with and 30.00 feet southeasterly from said general 158 southeasterly boundary line of Tract No. 17331; the nce tangent from said curve along said 159 parallel line North 46°27'14" East 59.27 feet to th e beginning of a tangent curve concave 160 northwesterly and having a radius of 80.00 feet, sa id curve being concentric with and 161
30.00 feet southeasterly from said general southeas terly boundary line of Tract No. 17331; 162 thence along said concentric curve northeasterly 21 .50 feet through a central angle of 163 15°23'44" to a line parallel with and 30.00 feet southeasterly from said general southeasterly 164 boundary line of Tract No. 17331; thence tangent fr om said curve along said parallel line 165 North 31°03'30" East 51.66 feet to the beginning of a tangent curve concave northwesterly 166 and having a radius of 130.00 feet, said curve bein g concentric with and 30.00 feet 167 southeasterly from said general southeasterly boundary line of Tract No. 17331; thence along 168 Item: 10
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said curve northerly 73.45 feet through a central a ngle of 32°22'22" to a point of reverse 169 curvature with a curve concave easterly and having a radius of 220.00 feet, said curve being 170 concentric with and 30.00 easterly from said general southeasterly boundary line of Tract No. 171 17331, a radial line of said curves from said point bears North 88°41'08" East; thence along 172 said concentric curve northerly 20.86 feet through central angle of 05°25'55" to a point 173 hereinafter referred to as POINT “A” , a radial line of said curves from said point bears South 174 85°52'57" East; thence continuing along said concentric curve northerly 96.50 feet through a 175 central angle of 25°07'54" to a point of compound c urvature with a curve concave 176 southeasterly and having a radius of 185.00 feet, s aid curve being concentric with and 177
30.00 feet southeasterly from said general southeasterly boundary line of Tract No. 17331, a 178 radial line of said curves from said point bears So uth 60°45'03" East; thence along said 179 concentric curve and its northeasterly prolongation northeasterly 121.79 feet through a 180 central angle of 37°43'11" to a point of reverse curvature with a curve concave northwesterly 181 and having a radius of 70.00 feet, a radial line of said curve from said point bears 182 North 23°01'52" West; thence along said curve northeasterly 72.53 feet through central angle 183 of 59°21'46"; thence tangent from said curve North 07°36’22” East 40.89 feet to said general 184 southeasterly boundary line of Tract No. 17331 and to a point on a non-tangent curve concave 185 northwesterly and having a radius of 46.00 feet, a radial line of said curve from said point 186 bears North 42°40’00” West; thence along said general southeasterly boundary line of Tract 187 No. 17331 and said curve southwesterly 10.87 feet t hrough a central angle of 13°32’04” to 188 said southeasterly Right-of-Way line of Civic Cente r Drive and the TRUE POINT OF 189 BEGINNING . 190
191
CONTAINING : 73,836 Square Feet, more or less. 192
193
PARCEL 2 – SLOPE, LANDSCAPE MAINTENANCE AND DRAINAGE EASEMENT 194 195
BEGINNING at the hereinbefore described POINT “A” and at a point on a curve concave 196 southeasterly and having a radius of 220.00 feet, s aid curve being concentric with and 197
30.00 feet southeasterly from the general southerly boundary line of Tract No. 17331, a radial 198 line of said curve from said point bears South 85°5 2’57” East; thence along said concentric 199 curve northerly 96.50 feet through a central angle of 25°07'54" to a point of compound 200 curvature with a curve concave southeasterly and having a radius of 185.00 feet, said curve 201 being concentric with and 30.00 feet southeasterly from said general southeasterly boundary 202 line of Tract No. 17331, a radial line of said curv es from said point bears 203 South 60°45'03" East; thence along said curve and i ts northeasterly prolongation 204 northeasterly 121.79 feet through a central angle of 37°43'11" to a point of reverse curvature 205 with a curve concave northwesterly and having a rad ius of 70.00 feet, a radial line of said 206 curves from said point bears North 23°01'52" West; thence leaving said concentric curve 207 along said curve northeasterly 72.53 feet through central angle of 59°21’46"; thence tangent 208 from said curve North 07°36'22" East 40.89 feet to said general southerly boundary line of 209 said Tract No. 17331 and to a point on a non-tangent curve concave northwesterly and having 210 Item: 10
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a radius of 46.00 feet, a radial line of said curve from said point bears North 42°40'00" West; 211 thence along said general southeasterly boundary li ne of Tract No. 17331 the following 212 courses: 213
Thence along said curve northeasterly 8.27 feet thr ough a central angle of 10°18’00” to an 214 intersection with a non-tangent curve concave weste rly and having a radius of 70.95 feet, a 215 radial line of said curve from said intersection bears South 69°36'20" West; 216 thence along said curve southerly 34.30 feet through a central angle of 27°42'00"; 217 thence non-tangent from said curve South 73°36'15" East 31.47 feet; 218 thence South 06°37'49" West 7.27 feet; 219
thence South 15°32'51" West 49.76 feet to a point o n a non-tangent curve concave 220 southwesterly and having a radius of 221.50 feet, a radial line of said curve from said point 221 bears South 02°49'40" East; 222
thence along said curve easterly 145.30 feet throug h a central angle of 37°35'09" to a point 223 of compound curvature with a curve concave southwesterly and having a radius of 90.00 feet, 224 a radial line of said curves from said point bears South 34°45'29" West; 225 thence along said curve southeasterly 19.57 feet through a central angle of 12°27'31"; 226 thence tangent from said curve South 42°47'00" East 22.32 feet; 227 thence leaving said general southeasterly boundary line of Tract No. 17331 228 North 63°00'00" West 67.29 feet; thence North 70°59'05" West 50.18 feet to the beginning of 229 a tangent curve concave southeasterly and having a radius of 180.00 feet; thence along said 230 curve westerly and southwesterly 254.07 feet throug h a central angle of 80°52'22"; thence 231 tangent from said curve South 28°08'33" West 4.80 f eet to the beginning of a tangent curve 232 concave southeasterly and having a radius of 163.26 feet, a radial line of said curve from the 233 southerly terminus thereof bears South 85°52’57” Ea st and passes through the Point of 234 Beginning; thence along said curve southerly 68.46 feet through a central angle of 24°01'30"; 235 thence radially from said curve North 85°52'57" Wes t 10.58 feet to said POINT “A” and to 236 the POINT OF BEGINNING. 237
238
CONTAINING : 10,111 Square Feet, more or less. 239
240
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. 241 242
EXHIBIT “B” attached and by this reference made a part hereof 243 244
245
246
___________________________________________ 247
Steven C. Slocum Date 248
Michael Baker International 249
5 Hutton Centre, Suite 500 250
Santa Ana, California 92707 251
JN 175616 252
H:\pdata\175616\CADD\Mapping\Exhibits\IRWD ACCESS & SLOPE\Legal\175616 IRWD_Access_Slope.docm 253 01/25/2023
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5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM 01/25/2023
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5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM Item: 10
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5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM Item: 10
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5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM Item: 10
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5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM Item: 10
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5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM Item: 10
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5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM Item: 10
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5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM Item: 10
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5 Hutton Centre Drive, Suite 500Santa Ana, CA 92707(949) 472-3505 ·MBAKERINTL.COM Item: 10
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ATTACHMENT 3
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19468435.3
March 24, 2023
City of Lake Forest
Attn: Keith D. Neves
Assistant City Manager
100 Civic Center Drive
Lake Forest, CA 92630
Re: Cost Sharing Agreement for Irrigation and Landscaping
Dear Mr. Neves:
The Irvine Ranch Water District ("IRWD") owns certain property ("Property") adjacent to the City of Lake Forest (the "City") Civic Center, located at 100 Civic Center Drive, Lake Forest, California 92630. IRWD has requested that the City maintain certain irrigation and landscaping on a portion of the Property. The City agrees to maintain the irrigation and landscaping according to the terms and conditions set forth in this Letter Agreement.
1. Grants of Easements. IRWD shall grant to the City (a) a nonexclusive easement to install, maintain, repair, or replace drainage, slopes, landscaping, and appurtenances thereto on a portion of the Property; and (b) an access easement across IRWD property to allow the City to cross IRWD's property in order to access its mitigation parcel. These easements, in a form agreed upon by the parties, shall be recorded in the Official Records of the County of Orange.
2. Landscape Maintenance. The City shall maintain for a period of 25 years, landscaping and irrigation in the easement area as described in the easement agreement (the "Maintenance Work"). If the City fails to maintain the landscaping at a level satisfactory to IRWD, IRWD may request that the City take corrective action and the parties shall meet and confer to ensure that the area is properly maintained.
3. Reimbursement for City's Maintenance Expenses. In recognition of the City maintaining the landscape described above, IRWD shall reimburse the City for the Maintenance Work by delivering to the City a one-time, lump sum payment of $40,489.
4. Indemnity.
a. Indemnification by City: City hereby agrees to defend, indemnify and hold free and harmless IRWD and IRWD’s elected and appointed officials, officers, employees, agents, and representatives from and against any and all liability, expense (including defense costs and legal fees), and claims (“Claims”) for damages of any nature whatsoever, including, but not limited to, bodily injury, wrongful death, or property damage, arising from or connected with City’s activities under this Agreement, including any Worker’s Compensation Claims, arising from or connected with services performed by or on behalf of City by any person under this Agreement, whether such claims, damages, liabilities, costs, or Item: 10
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19468435.3
judgments are based upon alleged negligence, a dangerous condition of public property, or any other theory of liability. City’s duty to indemnify IRWD survives the expiration or other termination of this Agreement as to any injuries, occurrences or claims occurring or alleged to have occurred prior to its expiration or termination.
b. Indemnification by IRWD: IRWD hereby agrees to defend, indemnify, and hold free and harmless City and City’s elected and appointed officials, officers, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, personal injury, death or property damage, arising from or connected with IRWD’s performance under this Agreement, including any Worker’s Compensation suits, liability, or expense, arising from or connected with services performed on behalf of IRWD by any person under this Agreement, whether such claims, damages, liabilities, costs, or judgments are based upon alleged negligence, a dangerous condition of public property, or any other theory of liability. IRWD’s duty to indemnify City survives the expiration or other termination of this Agreement as to any injuries, occurrences or claims occurring or alleged to have occurred prior to its expiration or termination.
5. Term. This Agreement continues in full force and effect until terminated or amended by a writing signed by both Parties.
6. Amendment. This Agreement may be supplemented, amended or modified only by the mutual agreement of the Parties. No supplement, amendment or modification of this Agreement will be binding unless it is in writing and signed by both parties.
7. Authority to Enter Agreement. The Parties warrant that they have all requisite power and authority to execute and perform this Agreement. Each person executing this Agreement warrants that he or she has the legal power, right, and authority to make this Agreement and bind himself or his or her respective party.
8. Cooperation of Parties. The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
9. Binding Effect. This Agreement will inure to the benefit of and be binding on the successors and assigns of City and IRWD.
10. Execution. This Agreement may be executed in counterparts, each of which constitutes an original.
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19468435.3
Sincerely,
Paul Cook
AGREED AND ACCEPTED BY:
City of Lake Forest
By:
Title:
Date:
APPROVED AS TO FORM:
By:
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3 ATTACHMENT 4
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3 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, AMENDING
THE 2021-2023 OPERATING BUDGET; AMENDING
REVENUE ESTIMATES FOR FISCAL YEAR 2022-23
WHEREAS, the 2021-2023 Operating Budget was adopted by the City Council on June 15, 2021; and
WHEREAS, the revenue estimates for Fiscal Year 2022-23 were 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 CITY OF LAKE
FOREST DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
Section 1. The City Council’s adoption of this Resolution is not a project within the meaning of the California 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 General Fund is amended to increase its revenue estimates for Fiscal Year 2022-23 as demonstrated in Exhibit A.
Section 3. The City Clerk shall attest as to the adoption and execution of this Resolution and cause the same to be maintained in the permanent records of the City.
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3 PASSED, APPROVED AND ADOPTED this 2nd day of May 2023, by the following vote, to wit:
ATTEST:
DOUG CIRBO
MAYOR
LISA BERGLUND
CITY CLERK
APPROVED AS TO FORM:
MATTHEW RICHARDSON
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2023- was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 2nd day of May 2023, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
LISA BERGLUND
CITY CLERK
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3 EXHIBIT A
AMENDMENT TO THE 2021-2023
OPERATING BUDGET, AMENDMENT
TO FISCAL YEAR 2022-23 REVENUE
ESTIMATES
Revenue Estimates
Funding Source
Current
Budget
Increase
(Decrease) Amended Budget
General Fund $60,773,650 $40,489 $60,814,139
Total $60,814,139
General Fund Revenue Estimates by Type
Funding Source
Current
Budget
Increase
(Decrease) Amended Budget
Other $267,500 $40,489 $307,989
Total $307,989
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/2/2023
DEPARTMENT: Public Works
SUBJECT:
FOURTH AMENDMENT TO THE AGREEMENT WITH KIDDER MATHEWS,
INC., FOR CIVIC CENTER FACILITY MANAGEMENT SERVICES
RECOMMENDED ACTION(S):
1. Approve the Fourth Amendment to the Agreement for Maintenance Services for Civic Center Facility Management Services with Kidder Mathews, Inc.
2. Authorize the Mayor to sign, and the City Clerk to attest, the Fourth Amendment substantially in the form attached.
EXECUTIVE SUMMARY:
Kidder Mathews, Inc. (“Kidder”) is the City’s current provider of facility maintenance at the Lake Forest Civic Center. Kidder provides on-site facility engineering services and administration of Civic Center facility projects. Kidder was contracted to provide the City with contractors and personnel under the general direction of the Facility Manager to address operational and functional issues associated with the Civic Center facilities. The current three-year Agreement for Maintenance Services with Kidder (“Agreement”) was approved by the City Council on September 19, 2019, with a compensation amount of $1,768,938 and included two optional one-year extensions (Attachment 1). The City Council authorized the First and Second Amendments to address COVID- 19-related cleaning and disinfecting services (Attachments 2 and 3). The First Amendment added very detailed cleaning services and the Second Amendment removed the services with no increases or decreases to compensation. The Third Amendment was approved by the City Council on June 21, 2022, and provided the first one-year extension to the Agreement (Attachment 4).
The Agreement with Kidder is set to expire on June 30, 2023. The proposed Fourth Amendment would extend the term of the Agreement to June 30, 2024, and add an additional $568,685 to the compensation amount to cover the costs of the additional year of service. If the Fourth Amendment is approved, the total compensation amount in the Agreement would be $2,834,748. The proposed Fourth Amendment includes a Consumer Price Index (“CPI”) increase applied to labor wages and increases to services performed by Kidder Mathews.
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BACKGROUND:
The City Council awarded the existing Agreement for Civic Center facility maintenance services on September 19, 2019, with a compensation amount of $1,768,938. Since entering into the Agreement, three amendments have been made. The First Amendment adjusted the scope of work to add in-depth COVID- 19-related cleaning and disinfecting services. Although the Community Center, Senior Center, and Council Chambers were mostly closed to the public during the heigh of the pandemic, the buildings were fully occupied by City staff and the other buildings still had limited activities. The Administration building was occupied every day by staff and police services, which necessitated general facility maintenance services and repairs. In-depth detailed cleaning services were added to the Administration Building while some cleaning and general services were removed from the other buildings. These scope changes resulted in cost offsets which did not require additional compensation. The Second Amendment removed the COVID-19-related cleaning as Civic Center facilities began opening to the public and the virus issue decreased.
The Third Amendment added $497,125 in additional compensation, extended the term of the Agreement by one year, removed custodial and janitorial services from the scope of work, and provided additional services such as life safety monitoring, security monitoring, electrical repairs, plumbing repairs, floor care, fountain repairs, and solar panel maintenance. The Agreement has one final extension available that would extend the term to June 30, 2024.
DISCUSSION:
Kidder was contracted to assist City staff in opening and managing facility operations of the new Civic Center. The City has one Facility Manager that manages repairs at all City facilities, including all 31 City parks (including the Lake Forest Sports Park). Kidder assists the Facility Supervisor by coordinating monthly and quarterly inspections, organizing contractors for facility repairs, addressing daily facility issues, and coordinating warranty related items. Kidder’s current scope of work at the Civic Center includes the following:
•One full-time building engineer on campus
•Electrical repairs
•Elevator maintenance
•Graffiti/Nuisance/Pressure wash/Window cleaning
•HVAC maintenance
•Plumbing repairs
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•Roofing repairs
The proposed Fourth Amendment with Kidder would extend the term of the Agreement to June 30, 2024, thereby exercising the second and final optional one-year extension described in the Agreement. Additionally, the proposed Fourth Amendment would increase the total compensation by $568,685 to cover the anticipated facility maintenance costs for Fiscal Year 2022-23. The Fourth Amendment would add a 4.9% CPI increase to hourly building engineer wage rates, which amounts to an increase in the estimated budget of $8,443. Staff included additional budget amounts in the proposed contract of $45,402 for anticipated increases related to plumbing, HVAC, and general repairs.
Staff believes that Kidder’s performance met or exceeded the Agreement’s scope of work relative to the responsibilities associated with Civic Center Facility maintenance services. Over the term of the Agreement, Kidder demonstrated its ability to proactively maintain the Civic Center and consistently completed all required tasks in a professional manner as required by the Agreement. The chart below provides an overall summary of the contractor’s performance since the Second Amendment to the Agreement. Consistent with the City’s Purchasing and Contracting Guidelines (“Guidelines”), including vendor assessment, staff recommends extending the Agreement by using the remaining one-year term extension to ensure that the City can adequately continue to maintain the Civic Center facilities.
Kidder Mathews, Inc. Performance Assessment
June 7, 2022 through April 18, 2023
Category Rating
Performance of Scope of Services □ Unsatisfied □ Satisfied X Very Satisfied □ N/A Timeliness □ Unsatisfied □ Satisfied X Very Satisfied □ N/A Budget Performance □ Unsatisfied □ Satisfied X Very Satisfied □ N/A Customer Service □ Unsatisfied □ Satisfied X Very Satisfied □ N/A Consistent with the City’s Purchasing and Contracting Guidelines, including vendor assessment, staff recommends the City Council exercising its discretionary authority to extend the Agreement to ensure that the City can continue to maintain the Civic Center facilities. The Finance Department prepared the proposed amendment and the City Attorney’s Office reviewed the document as to form. Staff recommends the City Council approve the proposed Fourth Amendment.
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FISCAL IMPACT:
The proposed Fourth Amendment would add $568,685 to the compensation amount in the Kidder Agreement for a total compensation amount of $2,834,748.
The Fourth Amendment would also extend the term of the Agreement by one year. If approved, staff would also propose sufficient funding in the 2023-2025 Operating Budget.
ATTACHMENTS:
1. Agreement for Maintenance Services with Kidder Mathews, Inc.
2. First Amendment to Agreement with Kidder Mathews, Inc.
3. Second Amendment to Agreement with Kidder Mathews, Inc.
4. Third Amendment to Agreement with Kidder Mathews, Inc.
5. Fourth Amendment to Agreement with Kidder Mathews, Inc.
Initiated By: Michael McConaha, Public Works Maintenance Manager Submitted By: Thomas Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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Attachment 1
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55136.00200\31919338.1 - 1 -
CITY OF LAKE FOREST
FOURTH AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES
PARTIES AND DATE.
This Fourth Amendment to the Agreement for Maintenance Services (“Fourth 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 Kidder Mathews of California, Inc., a California corporation, with its principal place of business at 5 Park Plaza, Suite 1700, Irvine, California, 92614 (“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 Facility Management Maintenance Services for the Lake Forest Civic Center dated September 19, 2019 (“Agreement”).
2.2 First Amendment. The Parties entered in that certain First Amendment to the Agreement to expand the scope of services and update the Delivery of Notices dated October 15, 2020 (“First Amendment”).
2.3 Second Amendment. The Parties entered into that certain Second Amendment to the Agreement in order to adjust the scope of services under the Agreement, dated July 1, 2021.
2.4 Third Amendment. The Parties entered into that certain Third Amendment to extend the term of the Agreement, modify the scope of services, and increase the total amount of compensation under the Agreement, dated June 23, 2022.
2.5 Fourth Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and increase the total 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 from October 1, 2019 to June 30, 202 4, unless earlier terminated as provided herein .
Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
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Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO
MILLION EIGHT HUNDRED THIRTY-FOUR THOUSAND SEVEN
HUNDRED FORTY-EIGHT DOLLARS ($2,834,748) without written approval of the City Council or City Manager as applicable. Extra Work may be 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 Fourth Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
CITY OF LAKE FOREST KIDDER MATHEWS OF CALIFORNIA, INC.
By:
Doug Cirbo
Mayor
By:
D. William Frame, III
CEO
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By:
Lisa Berglund
City Clerk
By:
Thomas Holland, SIOR, CCIM, CPM
Executive Vice President
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
DocuSign Envelope ID: 19B0C51A-772B-4BF9-A7DF-19A99F06DF81 Erin French, CPM, CCIM
COO
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55136.00200\31919338.1 Attachment “1”-1
ATTACHMENT “1” TO FOURTH AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES
EXHIBIT “C”
COMPENSATION
Contractor shall be paid for services rendered in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Maintenance Services the not to exceed amount of Two Million Eight Hundred Thirty-Four Thousand Seven Hundred Forty-Eight Dollars ($2,834,748) billed on a time and materials basis utilizing the following rates.
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.
The included estimated hours and frequencies are subject to the needs of the City and may be modified upon agreement by the City and Contractor.
FOURTH AMENDMENT
Position
Amendment 4
Hourly Rate – Effective
July 1, 2023 to June 30,
2024
Estimated Annual
Hours
Mark-
up
Amendment 4 Estimated
Annual Amount with
Mark-up – Effective
July 1, 2023 to June 30,
2024
Building Engineer $78.94 2,080 10% $180,615.00
Day Porter 1 - 2080 20% -
Day Porter 2 - 2080 20% -
Day Porter 1 Overtime - 50 20% -
Day Porter 2 Overtime - 50 20% -
Estimated Total Labor $180,615.00
Service
Amendment 4 Estimated
Annual Budget –
Effective
July 1, 2023 to June 30,
2024
Frequency Mark-
up
Amendment 4 Estimated
Annual Amount with
Mark-up – Effective
July 1, 2023 to June 30,
2024
Custodial & Janitorial
Service-Regular Work - Monthly 10% -
Janitorial Supplies - T&M 10% -
Custodian & Janitorial
Services-Extra - T&M 20% -
Carpet Replacement - Annual 20% -
Electrical Repairs &
Emergency Work - T&M 20% -
Electrical Repairs -
Regular Non-Emergency
T&M 20% $10,200.00
Electrical Repairs &
Emergency Work
T&M 20% $10,250.00
Elevator - Chair Lift
Maintenance
2x/year 20% $960.00
Elevators - Maintenance
& Testing $10,100.00 Monthly 20% $12,120.00
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55136.00200\31919338.1 Attachment “1”-2
Fire Life Safety -
Monitoring $5,695.00 Quarterly 20% $6,835.00
Fire Life Safety
Inspections $13,675.00 Quarterly, Annual,
Semiannual 20% $16,410.00
Floor Care 2x/3x/year Carpet,
2x/year Wood 20% $25,000.00
Fountain Service $11,600.00 Monthly 20% $13,920.00
General Services
Maintenance & Repairs $40,000.00 T&M 20% $48,000.00
HVAC Maintenance &
Service $78,152.00 Quarterly 20% $93,782.00
Mat Servicing Monthly 20% $14,976.00
Powerwash Parking
Structure $13,000.00 Semi Annual 20% $15,600.00
Parking Charging Stations - TBD 20% -
Pest Control Monthly 20% $8,000.00
Pest /Brid Abatement - TBD 20% -
Painting - TBD 20% -
Plumbing Repairs &
Maintenance $25,000.00 T&M 20% $30,000.00
Pressure
Wash/Windows/Graffiti/Nu
isance
$17,260.00 1x/year 20% $20,712.00
Refrigerator Maintenance $5,220.00 Quarterly 20% $6,264.00 Roofing Inspection
Maintenance & Repair $10,000.00 TBD 20% $12,000.00
Security Monitoring $5,760.00 Monthly 20% $6,912.00
Solar Panel - Pressure
Wash $3,508.00 1x/year 20% $4,209.00
Solar Panel - Tightening,
Maintenance
Annual 20% $12,494.00
Steam Clean Circular
Driveway $11,188.00 Monthly/ Annual 20% $13,426.00
Supplies Office & Building $5,000.00 T&M 20% $6,000.00
Sweeping (Parking
Structure) - Weekly 20% -
Window Tinting - T&M 20% -
Estimated Total Services $388,070.00
Amendment 4 – Additional Compensation (7/1/2023-6/30/2024) $568,685.00 Previous Total Agreement Compensation (Amendment 3) $2,266,063.00 Amendment 4 – Total Compensation (Effective 7/1/2023) $2,834,748.00
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/2/2023
DEPARTMENT: Community Development
SUBJECT:
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM – FISCAL YEAR 2023-2024 ANNUAL ACTION PLAN
RECOMMENDED ACTION(S):
Conduct a public hearing on the draft Fiscal Year ("FY") 2023-2024 Community Development Block Grant ("CDBG") Program Annual Action Plan ("AAP"), close the public hearing, and direct staff to submit the AAP to the U.S. Department of Housing and Urban Development (“HUD”).
EXECUTIVE SUMMARY:
The federal Community Development Block Grant (“CDBG”) is a formula grant allocated to local governments for the purpose of developing viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities – principally for persons of low and moderate- income. The City has been a recipient of CDBG funds since 1994. The CDBG program is administered at the federal level by the U.S. Department of Housing and Urban Development (“HUD”) and locally by the City’s Community Development Department. Pursuant to HUD CDBG program regulations, the City is required to submit an Action Plan to HUD annually.
The Annual Action Plan (“AAP”) specifies how CDBG funds will be used to address the goals and objectives in the City’s Five-Year Consolidated Plan. The draft FY 2023-2024 CDBG AAP is attached for City Council review and comment (Attachment 1). The draft AAP allocates $520,784 of funding to be awarded for FY 2023-2024, as follows:
•Housing Rehabilitation: $200,000;
•Public Services: $78,115;
•Capital Improvement Projects (Curb Ramp Construction): $138,669; and •Program Administration: $104,000.
The public hearing on this item follows a 30-day public comment period (March 31, 2023, to May 1, 2023). Subject to City Council direction, staff will submit the Item: 12
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AAP to HUD. The City must submit an approved AAP to HUD no later than May 19, 20231.
BACKGROUND:
Consolidated Plan
The Consolidated Plan (“CP”) is a City Council-approved five-year plan that identifies the City’s overall housing and community development needs, outlines specific goals and objectives to guide the City’s CDBG spending priorities, and supports goals of the Housing Element. To participate in the CDBG program and be eligible to receive annual funding, HUD regulations require that CDBG recipients prepare and submit (to HUD) an updated CP every five years.
The City Council adopted the current 2020-2024 CP on June 16, 2020. FY 2023- 2024 is the fourth year of the current CP cycle. The goals and objectives in the 2020-2024 CP are summarized below:
•Rehabilitate the City’s existing single-family and multi-family housing stock; •Conserve and expand the existing supply of affordable housing; •Provide supportive housing and services for the homeless and those at risk of becoming homeless;
•Provide needed community services and infrastructure improvements benefitting low and moderate-income persons and those with special needs;
•Focus on the economic opportunities for residents in low- and moderate- income target areas.
The CP provides for a broad range of potential programs and projects that provide the City flexibility in addressing community needs over the five-year implementation period. The CP also identifies federally required services (e.g., fair housing counseling) the City must provide to receive CDBG funding.
Additionally, the CP stipulates that programs and projects are subject to the availability of CDBG funds and the City’s annual budget adoption process. 1 Regular May 15, 2023, due date extended by prior arrangement with HUD to accommodate possible May 16, 2023, final adoption.
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DISCUSSION:
FY 2023-2024 CDBG Annual Action Plan
AAPs serve as the implementation documents for the Consolidated Plan. The FY 2023-2024 Annual Action Plan ("Draft AAP") (Attachment 1) is the City’s draft plan for use of 2023 CDBG funding and any unspent prior-year funds. The Draft AAP presents the available funds, the proposed allocation of those funds, and the federally-mandated services to be provided (e.g., fair housing services). Any program income received during the year would be accounted for in a mid-year budget adjustment or carried forward to the subsequent year's AAP. A City Council-approved AAP must be submitted to HUD by mid-May of each year.
Table 1 below summarizes the available funds and proposed expenditures.
Table 1: Draft FY 2023-2024 CDBG AAP Funds / Expenditures
AVAILABLE FUNDS
FY 2023-2024 CDBG: $520,784
PROPOSED ALLOCATIONS
Category % Allocation
Housing Rehabilitation: 38.4 $200,000
Capital Improvement Projects: 26.6 $138,669
Program Administration: 20.0 $104,000
Public Services: 15.0 $78,115
Total: 100.0 $520,784
38%
27%
20%
15%
Housing Rehabilitation
Capital Improvement
Projects
Program Administration
Public Services
FY 2023-2024 Funding Allocation
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Housing Rehabilitation
The draft AAP includes $200,000 of funding for Housing Rehabilitation. This spending category consists of the Housing Rehabilitation Loan Program ("Rehab Loan Program") and the Neighborhood Pride Paint Program ("Paint Program").
Both programs assist income-qualified2 Lake Forest homeowners with completing necessary home repairs and improvements. The program also helps maintain property values and neighborhood aesthetics. The draft AAP provides $165,000 for the Rehab Loan Program, plus program income received during the fiscal year (i.e., loan repayment or interest), and $35,000 for the Paint Program.
The Rehab Loan Program offers maximum loan amounts of $30,000 to owners of conventional single-family homes and up to $15,000 for improvements to mobile and manufactured homes. The recommended funding would provide for approximately six rehab loans and the associated escrow and administration fees. Additional loans may be feasible with program income received during the year. Paint Program grants are typically approximately $6,000. The $35,000 allocation for the Paint Program would provide for approximately five homes to be prepped and repainted.
Capital Improvement Projects
As noted in Table 1 (above), the Draft AAP includes funding for capital improvement projects ("CIPs"). CIPs preserve and/or enhance infrastructure and public facilities in the community. Under HUD regulations, CDBG-funded improvements must primarily benefit low- and moderate-income residents and are typically limited to specific qualifying Census block groups (see Attachment 3 of Draft AAP – Attachment 1). However, projects that implement the Americans with Disabilities Act (“ADA”) are exempt from this requirement and are a permitted use of CDBG funds citywide.
The Draft AAP allocates $138,669 for
continued implementation of the
sidewalk/curb ramp compliance project.
Currently, each sidewalk/curb ramp costs
approximately $10,000 to $15,000.
Accordingly, approximately 11 ramps would
be constructed with the requested funding.
FY 2023-2024 funding would provide for
continued implementation of the larger City-
wide sidewalk/curb ramp project initiated in
FY 2004-2005. All ramps constructed with
2 Income Qualified = households earning 80% or less of Orange County's median income, adjusted for household size. Other eligibility criteria also applies.
Completed Sidewalk/Curb Ramp
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FY 2023-2024 would be in the southwest portion of the City, identified as “Area 2” of the 2023 Community Satisfaction Survey (south of Trabuco Road, east of Ridge Route Road). To date, 476 of 800 ramps have been completed.3 Program Administration
HUD allows the City to allocate a maximum of 20% of the grant ($104,000 based on the $520,784 FY 2023-2024 grant) for program administration (i.e., staff salaries, consultant services, etc.). Based on anticipated program administration costs, staff recommends $104,000 be allocated for CDBG program administration. This includes $7,500 of sub-recipient grant funding to Fair Housing Council of Orange County. Any unspent administration funds would be carried over to the subsequent fiscal year for non-administration activities such as CIPs or housing.
Public Services
A maximum of 15% of the annual grant may be allocated to public services (e.g., nonprofit organizations that provide a range of social services in the community and whose goals align with those identified in the City’s Consolidated Plan).
Given the value of the proposed services to the Lake Forest community, staff recommends funding public service programs at the maximum amount allowed (15% of the grant). Funding public services at the maximum percentage is consistent with past practice and essential for advancing the goals outlined in the CP.
To engage a wide range of public service providers, staff undertook an outreach effort that began with issuance of a Notice of Funding Availability (“NOFA”) for the FY 2023-2024 program year. The NOFA was published in the Saddleback Valley News and posted on the City's website on December 15, 2022. Staff also sent the NOFA, an application form, and application instructions to those organizations that applied for or expressed interest in receiving funding from the City in the preceding year.
For FY 2023-2024, the City received funding applications from eight non-profit organizations (Attachment 2). All eight received CDBG funding from the City in recent years. Staff recommends funding for all eight applicants, as follows:
3 Does not include approved/funded but not yet completed Phase 13 and 14 ramps.
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Table 2: Public Service Funding Recommendations
Applicant Services Provided
*3-Year
Perform-
ance
Average
(success
rate)
Funding
Request
Recom-
mended
Funding
Age Well
Senior
Services
In-home case mgmt.,
support services, and
delivered meals for
homebound and frail
seniors
96% $7,500 $7,500
Alzheimer's
Orange
County
Daycare services for
adults with Alzheimer’s,
other types of dementia,
and physical disabilities
79% $5,000 $5,000
Camino
Health
Center
Low-cost medical and
pediatric dental services
for low-income and
indigent residents
142% $15,000 $15,000
Families
Forward
Transitional housing,
support services, and
case management for
homeless and near
homeless families, food
pantry
136% $25,000 $16,115
Family
Assistance
Ministries
Rental and utility
assistance to help
prevent
eviction/homelessness;
counseling, food pantry,
rapid re-housing, wrap-
around services
74% $10,000 $10,000
South
County
Outreach
Emergency services to
individuals experiencing
food insecurity and/or at
risk of homelessness,
including affordable
housing, rapid rehousing,
foodbank, utility
assistance, case
management and other
assistance to prevent
evictions
61% $20,000 $17,000
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Applicant Services Provided
*3-Year
Perform-
ance
Average
(success
rate)
Funding
Request
Recom-
mended
Funding
Vocational
Visions
Employment support
services for adults with
developmental disabilities
112% $7,500 $7,500
TOTAL: $145,000 $78,115
* Organizations with greater than 100% exceeded their goal for serving LF residents over three years.
In formulating the funding recommendations, staff considered various factors, including but not limited to:
•The correlation between the services provided and the priorities identified in the Consolidated Plan;
•The number of people to be assisted by the proposed program; •Past performance with respect to number of clients served, timely expenditure of funds, submittal of complete and proper reporting; •The extent to which services to be provided overlap with services provided by other agencies recommended for funding;
•The amount of funding requested.
Federal regulations allow fair housing services to be funded as program administration. As such, and because the City is able to administer the program using less than the maximum percentage of the grant allowed, staff recommends that fair housing services be funded as an administrative expense. This approach allows the 15 percent funding allocation for public services to be distributed among seven public service organizations instead of eight, which improves their respective capacity to meet its (and the City's) public service goals.
As in previous years, the total combined amount requested by applicants exceeds the 15% cap for public service grants. Staff and the City’s CDBG consultant reviewed all applications for completeness and with consideration to community needs. In formulating funding recommendations, staff considered the City Council priorities identified in the CP, and returning applicants’ three-year Fair
Housing
Council of
OC
Fair housing services 106% $7,500 $7,500
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past performance rates (i.e., the number of Lake Forest residents served relative to the goals stated in the respective applications – see Attachment 3).
Additionally, staff considered the practicalities of administering each grant by both the City and the grant recipient, including the cost of required expenditure reporting, eligibility verification, accounting, and documentation. On this basis, staff recommends that individual grants be no less than $5,000. A summary of the applications received is provided as Attachment 3.
Other Action Plan Components
In addition to documenting available funds and proposed allocations, the draft AAP includes the following components:
•Summary of the objectives and outcomes identified in the AAP; •Summary of Activities to be undertaken during FY 2023-2024; •Evaluation of Past Performance;
•Summary of Citizen Participation Process and Consultation Process; •Description of the Geographic Areas of the Entitlement; •Discussion of CDBG-funded Affordable Housing Strategy; •Identification of Homeless and Other Special Needs Activities; •Discussion of Barriers to Affordable Housing;
•Information related to Program Specific Requirements.
The AAP also includes the following attachments:
•Copy of public notice corresponding to the public review period and the May 2, 2023, City Council public hearing;
•Low- and moderate-income area map/list with U.S. Census tracts; •List of recommended actions to address impediments to fair housing choice in the Orange County region.
Public Notice
The May 2, 2023, hearing on the draft AAP was preceded by a HUD-mandated 30-day public review period initiated by publication of a public notice in the Saddleback Valley News on March 30, 2023. As of the preparation of this report, the City has not received any public comments regarding the draft AAP.
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FISCAL IMPACT:
Funding for the CDBG Program is provided annually by HUD. Appropriations subject to approval by the City Council for Fiscal Year 2023-2024, as outlined in the draft 2023-25 Operating Budget, will include expenditures consistent with the approved FY 2023-2024 Annual Action Plan.
ATTACHMENTS:
1. Draft FY 2023-2024 CDBG Annual Action Plan
2. Summary of FY 2023-2024 Public Service Applications
3. Public Service Providers’ Three-Year Performance History Initiated By: Ron Santos, Senior Planner
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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2023-2024
Draft 3/21/23
CDBG
Annual
Action
Plan
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TABLE OF CONTENTS
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)................................ ................................ ...... 1 PR-05 Lead & Responsible Agencies – 91.200(b) ................................ ................................ .................. 3 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................ ................................ ............... 4 AP-12 Participation – 91.105, 91.200(c) ................................ ................................ ............................. 12 Expected Resources
AP-15 Expected Resources – 91.220(c) (1, 2) ................................ ................................ ...................... 14 Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e ) ................................ .......................... 17 AP-35 Projects – 91.220(d) ................................ ................................ ................................ ................. 19 AP-38 Projects Summary................................ ................................ ................................ .................... 20 AP-50 Geographic Distribution – 91.220(f) ................................ ................................ ......................... 27 Affordable Housing
AP-55 Affordable Housing – 91.220(g) ................................ ................................ ............................... 28 AP-60 Public Housing – 91.220(h) ................................ ................................ ................................ ...... 29 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ................................ ......................... 30 AP-75 Barriers to affordable housing – 91.220(j) ................................ ................................ ................ 32 AP-85 Other Actions – 91.220(k) ................................ ................................ ................................ ........ 33 Program Specific Requirements ................................ ................................ ................................ ............. 36
Attachments:
1. Summary of Prior Accomplishments
2. Public Notices and Summary of Public Comments
3. CDBG Low-Moderate Income Areas
4. Analysis of Impediments to Fair Housing Plan
Certifications and SF-424/SF-424D
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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The 2023-2024 Annual Action Plan for the City of Lake Forest satisfies the requirements to receive Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). The CDBG program was created by the Housing and Community Development Act (HCDA) of 1974. The primary objective of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for persons of low- and moderate-income.
Regulations governing the CDBG program require that each activity undertaken with CDBG funds must meet one of the three national objectives:
• Benefit low- and moderate-income persons
• Aid in the prevention or elimination of slums and blight, or • Meet a community development need having a particular urgency (i.e., federally declared disaster)
As a recipient of CDBG funds, the City must prepare a five-year strategic plan that identifies housing and community needs, prioritizes these needs, and develops a strategic plan to address priority needs. This document is called the Consolidated Plan. The City’s current Consolidated Plan covers the fiscal years of 2020-21 to 2024-25. On an annual basis, the City prepares an expenditure plan that identifies the specific activities it will undertake with its annual CDBG allocation to meet the priority needs identified in the Consolidated Plan. Fiscal Year (FY) 2023-24 is the fourth year of the current Consolidated Plan cycle.
HUD has announced funding allocations for FY 2023-24. The City will receive $520,784 in CDBG funds for FY 2023-24 – $11,042 (2.2%) more than the City’s current year CDBG allocation. Additionally, program income received during the year will be available for programming.
2. Summarize the objectives and outcomes identified in the Plan The City of Lake Forest City Council approved the 2020-2024 Consolidated Plan in June 2020. The following Consolidated Plan objectives and outcomes were adopted in the plan. Corresponding annual accomplishment goals for FY 2023-24 are also listed below:
• Infrastructure and Facility Improvements: Improve public infrastructure and facilities that benefit 7,500 low- and moderate-income residents. FY 2023-24 Goal: Project and location to be determined
• Affordable Housing: Improve or expand the supply of housing affordable to 40 lower-income households. FY 2023-24 Goal: Rehab 11 housing units
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• Public Services: Provide access to public social services for 8,000 low- and moderate-income persons. FY 2023-24 Goal: benefit 2,400 low- and moderate-income residents • Homeless Continuum of Care: Provide access to housing and supportive services for 2,680 persons at risk of becoming homeless or that are homeless. FY 2023-24 Goal: benefit 1,385 low- and moderate-income residents
• Administration and Planning: Provide CDBG program oversight and coordination, and fair housing services to 450 households. FY 2023-24 Goal: 95 households residents assisted (fair housing services)
3. Evaluation of past performance
FY 2022-23 (the current fiscal year) is the third year of the City’s 2020-2024 Consolidated Plan cycle.
Most planned activities will be completed by June 30, 2023. A table summarizing the City’s Consolidated Plan goals over two completed years (FY 2020-21 through FY 2021-22) is provided as Attachment 1.
4. Summary of Citizen Participation Process and consultation process City staff encouraged residents and local and regional organizations to review the 2023–2024 Annual Action Plan. There were several opportunities for City residents and agencies/organizations to offer input into the Consolidated Plan process, as noted below:
• The City Council held a public hearing on May 2, 2023, to obtain public comments regarding the Annual Action Plan.
• A draft of the Consolidated Plan was made available for a 30-day public comment period from March 31 to May 1, 2023.
• The Annual Action Plan is scheduled to be adopted by the City Council on May 16, 2023.
5. Summary of public comments
A summary of comments received can be found in Attachment 2.
6. Summary of comments or views not accepted and the reasons for not accepting them A summary of comments received can be found in Attachment 2.
7. Summary
The Consolidated Plan is a strategic plan that utilizes data and public input to determine priority housing and community needs. The Annual Action Plan is the expenditure plan for using CDBG funds to address identified priorities. The City’s overall objective for the CDBG program is to create a viable community by providing decent housing, a suitable living environment, and economic opportunities, principally for low- and moderate-income persons. To accomplish this objective, the City of Lake Forest will utilize $520,784 in CDBG funds and program income during FY 2023-24 to carry out various eligible activities.
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PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan Agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
CDBG Administrator LAKE FOREST Community Development
Table 1 – Responsible Agencies
Narrative (optional)
The Community Development Department oversees the City’s CDBG program, including preparing the Consolidated Plan, Annual Action Plans, and year-end performance reports (Consolidated Annual Performance and Evaluation Report or CAPER).
Consolidated Plan Public Contact Information
Ron Santos, Senior Planner
100 Civic Center Drive, Lake Forest, CA 92630
(949) 461-3449 (phone) / [email protected]
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
The consolidated planning process requires jurisdictions to contact and consult with other public and private agencies when developing the Consolidated Plan. The plan must include a summary of the consultation process, including identifying the agencies that participated in the process. Jurisdictions must also summarize their efforts to enhance coordination between public and private agencies.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
To enhance coordination between public and assisted housing providers and private and governmental health, mental health, and service agencies, the City of Lake Forest took the following actions:
• The Community Development Department, acting as the lead agency, met with various City departments and consulted with outside agencies to gain input on annual needs, enhance coordination of services, prevent duplication of services, and resolve issues within the interagency institutional structure.
• The City of Lake Forest collaborates with the County to obtain input on assisted housing programs. Specifically, the City works with and supports the Orange County Housing Authority’s (OCHA) administration of the Housing Choice Voucher Program, which provides housing subsidies to qualified lower-income renters.
• To strengthen the private sector's housing delivery system, the City encourages private housing developers to include affordable units in multi-family housing developments within Lake Forest. The City will also continue cooperating with local nonprofit housing organizations to identify and provide housing opportunities for lower-income households. • Orange County has a broad spectrum of public and nonprofit social service providers that address the needs of the region’s residents. Through the annual CDBG public service grant funding process, City staff can ascertain the services City residents require (e.g., senior services, youth services, services for the near homeless and those already homeless) and develop partnerships with local agencies to ensure the delivery of quality services. • The City of Lake Forest's economic development program coordinates business activities and employment programs with community organizations such as the Lake Forest Chamber of Commerce and the Orange County One-Stop Center.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
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Coordinating Orange County’s Continuum of Care (OC-CoC) planning process is led by 2-1-1 Orange County and the OC Community Services Department. This nonprofit-public partnership helps ensure comprehensive, regional coordination of efforts and resources to reduce the number of homeless and persons at risk of homelessness throughout Orange County. This partnership serves as the regional coordinator of the year-round CoC planning process and regional homeless system of care.
The City supports the CoC planning process by providing information regarding the activities it will fund to address local homeless issues. The OC-CoC used this information to prepare the regional application to HUD for Homeless Assistance Grant funds. City staff will also expedite certifications of consistency with the Consolidated Plan and other forms of support for the OC-CoC. Additionally, the City supports and participates in the biennial Point-In-Time Survey of the region’s homeless.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive Emergency Solutions Grant (ESG) funds; therefore, it does not help the OC-CoC determine ESG allocations, evaluate the outcomes, or develop policies and procedures for administering the regional Homeless Management Information System (HMIS).
2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities (see Table 2):
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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Orange County Housing Authority Agency/Group/Organization Type PHA
What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided data regarding households receiving HUD rental assistance and households on the waitlist for housing assistance 2 Agency/Group/Organization 211 Orange County
Agency/Group/Organization Type Regional organization
Planning organization
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Homeless Management Information System (HMIS)
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided data regarding regional homeless, housing/service gaps for the homeless, and HMIS management
3 Agency/Group/Organization Fair Housing Council of Orange County Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was addressed by Consultation? Impediments to Fair Housing Item: 12
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Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided data regarding fair housing issues in the community and input on impediments to fair housing, and assisted in developing action steps to address impediments to fair housing
4 Agency/Group/Organization Age Well Senior Services
Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided input regarding the housing and service needs of seniors, including homebound seniors
5 Agency/Group/Organization Families Forward
Agency/Group/Organization Type Services - Housing
Services-Homeless
What section of the Plan was addressed by Consultation? Homeless Needs - Families with children Homelessness Strategy
Anti-poverty Strategy
Needs of Low/Mod persons
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided input regarding housing and service needs of homeless families and families at risk of becoming homeless
6 Agency/Group/Organization Family Assistance Ministry
Agency/Group/Organization Type Services - Housing
Services-Homeless
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What section of the Plan was addressed by Consultation? Homeless Needs - Families with children Homelessness Needs - Veterans
Homelessness Strategy
Anti-poverty Strategy
Needs of Low/Mod persons
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided input regarding housing and service needs of homeless households and households at risk of becoming homeless
7 Agency/Group/Organization South County Outreach
Agency/Group/Organization Type Services - Housing
Services-Homeless
What section of the Plan was addressed by Consultation? Anti-poverty Strategy Needs of Low/Mod persons
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided input regarding the needs of lower-income households, specifically individuals/households at risk of becoming homeless 8 Agency/Group/Organization Camino Health Center
Agency/Group/Organization Type Services-Health
What section of the Plan was addressed by Consultation? Anti-poverty Strategy Needs of Low/Mod persons
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided input regarding medical/dental service needs of the community, including homeless individuals
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9 Agency/Group/Organization Mercy House Transitional Living Centers Agency/Group/Organization Type Services - Housing
Services-homeless
What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless
Homelessness Needs – Veterans
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided input regarding the needs of chronically homeless individuals
10 Agency/Group/Organization Alzheimer’s Orange County
Agency/Group/Organization Type Services-Elderly Persons Services-Persons with Disabilities
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided input regarding the service needs of seniors with Alzheimer’s and other forms of dementia and disabilities 11 Agency/Group/Organization County of Orange
Agency/Group/Organization Type Other government - County What section of the Plan was addressed by Consultation? Regional program information Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Various county departments provided information regarding public health, public safety, and housing programs
12 Agency/Group/Organization Vocational Visions
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What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Economic development
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided input regarding the needs of adults with developmental disabilities
13 Agency/Group/Organization Boys and Girls Club of Laguna Beach Agency/Group/Organization Type Services-Youth
What section of the Plan was addressed by Consultation? Anti-poverty Strategy Needs of Low/Mod persons
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided input regarding childcare needs for lower-income households
Identify any Agency Types not consulted and provide rationale for not consulting The City consulted with various agencies serving Lake Forest residents and the region. No agency types were explicitly excluded from the consultation process.
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Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care 211-Orange County Addresses issues pertaining to homelessness, including the 2022 Homeless Point-in-Time Survey
5-Year Plan & 1-Year Public Housing
Authority (PHA) Plan Orange County Housing Authority Agency plans and policies related to providing rental assistance for very low-income households
Housing Element City of Lake Forest City policies and goals for the preservation and expansion of the City’s housing stock
Capital Improvement Budget City of Lake Forest Includes a multi-year plan for the use of CDBG funds for capital projects
Analysis of Impediments to Fair Housing Orange County HUD Grantee Cities and the County of Orange
The countywide document identifies fair housing
impediments within participating cities and outlines
a plan to address issues
Table 3 – Other local / regional / federal planning efforts
Narrative (optional)
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AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting
The City of Lake Forest offered several opportunities for participation and comment throughout the Annual Action Plan preparation process. The City’s Citizen Participation Plan outlines the City’s process to obtain public participation in developing the Annual Action Plan (AAP) and other facets of the CDBG Program. Action steps include a public hearing before the City Council, a 30-day public review of the Action Plan, and a final City Council meeting to adopt the Action Plan. Public notices and a summary of public comments are provided in Attachment 2.
Citizen Participation Outreach
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
Comments received
Summary of comments
not accepted and
reasons
URL (If applicable)
1 Internet
Outreach
Nonprofits Notification of
availability of CDBG
funding for FY 23-24
NA NA NA
2 Newspaper Ad
Non-
targeted/broad
community
Notice regarding the
30-day public review
period (3/31/23 to
5/1/23) and public
hearing
See Attachment 2 TBD NA
3 Public Hearing
Non-
targeted/broad
community
5/2/23 City Council
public hearing to
review the draft
Action Plan and
receive public
comment
See Attachment 2 TBD NA
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Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
Comments received
Summary of comments
not accepted and
reasons
URL (If applicable)
4 Public
Meeting
Non-
targeted/broad
community
5/16/23 public
meeting to approve
FY 23-24 Action Plan
and authorize
submission of the plan
to HUD
See Attachment 2 TBD NA
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c) (1, 2)
Introduction
Fluctuations in annual CDBG allocations make it challenging to determine anticipated resources for five years; however, based on recent allocations, the City expects to receive approximately $500,000 annually in CDBG funding for a five-year total of $2,500,000. The City uses CDBG funds for housing preservation activities, public improvements, public services, and administrative costs.
HUD has announced that the City will receive $520,784 in CDBG funds for FY 2023-2024. Additional resources for the year include program income received during the fiscal year generated by the repayment of previously funded housing rehabilitation loans. The City anticipates that the County of Orange will continue to administer the federal rental assistance program in Lake Forest, assisting approximately 165 households per year. The City will continue its efforts to leverage CDBG funds with other federal, state, and local funds.
Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 4 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources:
$
Total:
$
CDBG Public-
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 520,784 0 0 520,784 500,000
CDBG annual allocation,
prior year funds, and
projected loan
repayments
Table 5 - Expected Resources – Priority Table
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Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The City has identified other resources that may be available to carry out activities that address the goals of the Consolidated Plan:
• OCHA reports that as of January 2022, 167 Lake Forest households receive rental assistance. The City anticipates that OCHA will provide rental assistance to 165 Lake Forest households during FY 2023-2024. • The City may use local or state resources to fund homeless outreach activities during FY 2023-2024. • The City does not have an inclusionary housing program; however, the Housing Element indicates the City will encourage developers to include a minimum of 15 percent affordable units within their housing projects. Alternatively, developers may pay an in-lieu fee instead of constructing affordable units. The City will negotiate an agreement with a developer to ensure units are built or collect the in-lieu fee.
CDBG does not require matching funds.
If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
The City of Lake Forest Housing Authority owned assets formerly held by the Lake Forest Redevelopment Agency. The Housing Authority sold a tax-defaulted vacant parcel purchased from the County of Orange (“Mamie Thomas Parcel”) to the City on August 16, 2022. The City Council approved the property purchase via Quitclaim Deed and by a Certificate of Acceptance and authorized the City Manager to transfer the purchase price of $310,000 from the City's General Fund to the Housing Authority's Housing Asset Fund. The Housing Authority will use these funds to support future affordable housing activities.
The City approved the construction of a 71-unit apartment project for seniors earning less than 60% of the area median income. The “Mountain View” project is located at 24551 Raymond Way. Twelve units will serve as supportive housing for formerly homeless seniors with special needs.
The project is currently under construction and is expected to be completed in 2023. A second project, Portola Senior Apartments (931 Portola Oaks Drive), is also under construction. The project includes 57 one-bedroom senior apartment units that will be affordable for seniors aged 62 plus earning 50% or less of the area median income. The project will offer amenities and support services to help increase senior residents' financial and housing stability. Completion of the Portola Senior Apartments is anticipated in the Fall of 2023.
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Discussion
Funding resources to implement the City’s Consolidated Plan are limited. The City anticipates that fluctuations in CDBG funding will continue.
HUD has begun to invest additional resources into housing assistance vouchers and certificates, and OCHA has aggressively pursued these new resources. The City will support OCHA’s efforts to secure new rental assistance resources. As other resources become available (e.g., Housing Authority, general fund, or state funds), the City will explore opportunities to expend these funds to support the goals and objectives of the Consolidated Plan (e.g. homeless outreach services).
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e ) Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Infrastructure and
Facility
Improvements
2023 2024 Non-Housing
Community
Development
CDBG
Target
Areas
Citywide
Public
Improvements
CDBG:
$138,669
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: Persons Assisted TBD
2 Housing
Preservation
2023 2024 Affordable Housing Citywide Affordable Housing CDBG:
$200,000
Homeowner Housing
Rehabilitated: 11 Household
Housing Unit
3 Public Social
Services
2023 2024 Non-Homeless
Special Needs
Low & Moderate-
income Households
Citywide Public Services CDBG:
$35,000
Public service activities other than
Low/Moderate Income Housing
Benefit: 2,400 Persons Assisted
4 Homeless
Continuum of Care
2023 2024 Homeless Citywide Homeless Support
Services and
Housing
CDBG:
$43,115
Public service activities other than
Low/Moderate Income Housing
Benefit: 1,368 Persons Assisted
Homelessness Prevention:
17 Persons Assisted
5 Program
Administration
2023 2024 Administration Citywide Administration and
Planning
CDBG:
$104,000
Other: 95 Other
Table 6 – Goals Summary
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Goal Descriptions
1 Goal Name Infrastructure and Facility Improvements
Goal
Description
Improve and expand public infrastructure and facilities that benefit low- and moderate-income neighborhoods and residents
2 Goal Name Housing Preservation
Goal
Description
Loans and grants to improve owner-occupied housing or expand the supply of housing affordable to lower-income households
3 Goal Name Public Social Services
Goal
Description
Provide or improve access to public social services for low- and moderate-income persons and persons with special needs
4 Goal Name Homeless Continuum of Care
Goal
Description
A continuum of supportive and housing services for the homeless and households at risk of homelessness 5 Goal Name CDBG Program Administration
Goal
Description
CDBG program oversight and coordination, including fair housing services Table 7 – Goal Descriptions
Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b):
The City is not a participating jurisdiction in the HUD HOME program; however, an estimated 11 households will be assisted with CDBG-funded housing rehabilitation during FY 2023-24.
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AP-35 Projects – 91.220(d)
Introduction
The activities to be undertaken during FY 2023-24 are summarized below. Most activities identified will be completed by June 30, 2024.
# Project Name
1 CDBG Administration
2 Housing Rehabilitation Loans
3 Paint Program Grants
4 Age Well Senior Services
5 Alzheimer’s Orange County
6 Camino Health Center
7 Fair Housing Council of OC
8 Families Forward
9 Family Assistance Ministry
10 South County Outreach
11 Vocational Visions
12 ADA Sidewalk Curb Ramps
Table 8 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City recognizes that special needs populations (i.e., seniors, disabled, and households with extremely low-income) are more likely to become homeless because they have limited income or other issues that require supportive housing or services; therefore, the City considers supportive services a high priority.
The City anticipates that the greatest obstacle to meeting the underserved needs of these special needs populations will be a lack of financial resources for both supportive services and housing. A common need reported by service providers is affordable housing. Increasing rents, and reductions to the Housing Choice Voucher Program and other housing programs, can impact the City's ability to support affordable housing opportunities for extremely low- and very low-income households.
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Projects
AP-38 Projects Summary
Project Summary Information
Table 9 – Project Summary
1 Project Name CDBG Administration
Target Area Citywide
Goals Supported CDBG Program Administration
Needs Addressed Program Administration
Funding CDBG: $96,500
Description CDBG program oversight and coordination
Target Date 6/30/2024
Estimate the number and type of families that
will benefit from the proposed activities
NA
Location Description Citywide
Planned Activities CDBG program oversight and coordination, including public service grant management, preparation of reports, and IDIS management 2 Project Name Housing Rehabilitation Loans
Target Area Citywide
Goals Supported Housing Preservation
Needs Addressed Affordable Housing
Funding CDBG: $165,000 (plus program income received during the year) Description Housing rehabilitation loans for owner-occupied housing units Item: 12
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Target Date 6/30/2024
Estimate the number and type of families that
will benefit from the proposed activities
6 low- and moderate-income households
Location Description Citywide
Planned Activities Loans to rehabilitate owner-occupied housing units funded with entitlement funds and program income received during the year
3 Project Name Paint Program Grants
Target Area Citywide
Goals Supported Housing Preservation
Needs Addressed Affordable Housing
Funding CDBG: $35,000
Description Grants to assist homeowners in painting the exterior of their home Target Date 6/30/2024
Estimate the number and type of families that
will benefit from the proposed activities
5 low- and moderate-income homeowners
Location Description Citywide
Planned Activities Grants to homeowners to paint the exterior of their home 4 Project Name Age Well Senior Services
Target Area Citywide
Goals Supported Public Services
Needs Addressed Public Services
Funding CDBG: $7,500
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Description In-home support services for home-bound seniors Target Date 6/30/2024
Estimate the number and type of families that
will benefit from the proposed activities
20 Seniors and frail elderly
Location Description Citywide
Planned Activities Case management and in-home support services for home-bound seniors and frail elderly
5 Project Name Alzheimer’s Orange County
Target Area Citywide
Goals Supported Public Social Services
Needs Addressed Public Services
Funding CDBG: $5,000
Description Adult day services
Target Date 6/30/2024
Estimate the number and type of families that
will benefit from the proposed activities
23 seniors and disabled adults
Location Description Citywide
Planned Activities Adult daycare and ancillary services for seniors and adults with Alzheimer’s, other forms of dementia, and disabilities
6 Project Name Camino Health Center
Target Area Citywide
Goals Supported Public Social Services
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Needs Addressed Public Services
Funding CDBG: $15,000
Description Low-cost medical services
Target Date 6/30/2024
Estimate the number and type of families that
will benefit from the proposed activities
2,330 Individuals
Location Description 22481 Aspen St., Suite A, Lake Forest CA Planned Activities Reduced cost medical services for low- and moderate-income persons 7 Project Name Fair Housing Council of OC
Target Area Citywide
Goals Supported CDBG Program Administration
Needs Addressed Program Administration
Funding CDBG: $7,500
Description Fair housing services
Target Date 6/30/2024
Estimate the number and type of families that
will benefit from the proposed activities
320 Individuals (95 households)
Location Description Citywide
Planned Activities Fair housing outreach, education, enforcement services, and enhanced mediation services due to the lifting of the eviction moratorium
8 Project Name Families Forward
Target Area Citywide
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Goals Supported Homeless Continuum of Care
Needs Addressed Homeless Support Services and Housing
Funding CDBG: $16,115
Description Support services for at-risk and homeless families with children Target Date 6/30/2024
Estimate the number and type of families that
will benefit from the proposed activities
23 homeless persons
Location Description Citywide
Planned Activities Case management for homeless families with children and families with children that are at risk of becoming homeless
9 Project Name Family Assistance Ministry
Target Area Citywide
Goals Supported Homeless Continuum of Care
Needs Addressed Homeless Support Services and Housing
Funding CDBG: $10,000
Description Housing and services for households at risk of homelessness or that are homeless Target Date 6/30/2024
Estimate the number and type of families that
will benefit from the proposed activities
1,000 lower-income individuals (992 with support services and 8 with rent or utility assistance)
Location Description Citywide
Planned Activities Case management, food assistance, rental or utility assistance, and case management for households at risk of homelessness or that may be homeless Item: 12
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10 Project Name South County Outreach
Target Area Citywide
Goals Supported Homeless Continuum of Care
Needs Addressed Homeless Support Services and Housing
Funding CDBG: $17,000
Description Homelessness prevention assistance
Target Date 6/30/2024
Estimate the number and type of families that
will benefit from the proposed activities
362 low- and moderate-income persons (353 with food pantry services and 9 with rent or utility assistance)
Location Description 7 Whatney St. B, Irvine CA
Planned Activities Foodbank services, including case management - services also include emergency rent and utility assistance to prevent eviction or termination of services 11 Project Name Vocational Visions
Target Area Citywide
Goals Supported Public Social Services
Needs Addressed Public Services
Funding CDBG: $7,500
Description Community integration employment services for adults with developmental disabilities Target Date 6/30/2024
Estimate the number and type of families that
will benefit from the proposed activities
27 adults with developmental disabilities
Location Description 26041 Pala, Mission Viejo CA
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Planned Activities Job development for services for adults with developmental disabilities 12 Project Name ADA Sidewalk Curb Ramps
Target Area Citywide
Goals Supported Public Improvements and Public Facilities Needs Addressed Non-Housing Community Development
Funding CDBG: $138,669
Description Installation of sidewalk curb ramps that comply with current ADA regulations Target Date 6/30/2025
Estimate the number and type of families that
will benefit from the proposed activities
Individuals with a disability reside in the project area – To be determined Location Description Funds will be used to supplement prior funded phases Planned Activities Installation of sidewalk curb ramps that comply with current ADA regulations. Funds will supplement prior funded phases of the City’s ADA curb ramp update program.
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed For FY 2023-24, CDBG funds will support citywide activities for eligible households regardless of where they live in Lake Forest. No “area-wide” activities are planned for FY 2023-24; however, a list of CDBG- eligible Census Tract Block Groups is provided in Attachment 3.
Geographic Distribution
Target Area Percentage of Funds
CDBG Target Areas 0
Citywide 100
Table 10 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The City does not explicitly allocate CDBG funds on a geographic basis; instead, funds are allocated to meet lower-income households' needs regardless of where they reside in the City. The City prioritizes using its CDBG funding to preserve affordable housing for lower-income households (via rehabilitation) and help prevent homelessness or assist those already homeless. These activities are carried out on a citywide basis.
CDBG-funded infrastructure and facility improvements are typically undertaken within Low- and Moderate-Income areas with a higher percentage of lower-income residents (see Attachment 3 for a list of the City’s CDBG-eligible areas). Some infrastructure/facility improvement projects may be undertaken outside the low- and moderate-income regions; such projects are typically limited to those that address ADA regulations.
Discussion
CDBG funds will fund programs that serve lower-income Lake Forest residents regardless of where they live in the City. For FY 2023-24, CDBG funds will benefit residents citywide.
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
Although the Consolidated Plan and Action Plan focuses on the community's affordable housing needs, the City's only HUD funding source is CDBG. HUD regulations prohibit the use of CDBG to construct new housing; however, the City will allocate funds to preserve existing housing that is affordable to lower- income homeowners.
One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 11
Special-Needs 0
Total 11
Table 11 - One Year Goals for Affordable Housing by Support Requirement
One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 11
Acquisition of Existing Units 0
Total 11
Table 12 - One Year Goals for Affordable Housing by Support Type
Discussion
The City's CDBG-funded affordable housing strategy calls for maintaining affordable housing through housing rehabilitation programs and supporting rental assistance programs like the Housing Choice Voucher (administered by the OCHA). The City anticipates 11 homeowners will participate in the City’s housing rehabilitation program, and 165 Lake Forest renter households will receive rental assistance during FY 2023-24.
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AP-60 Public Housing – 91.220(h)
Introduction
The City of Lake Forest does not own or manage public housing.
Actions planned during the next year to address the needs to public housing Not applicable
Actions to encourage public housing residents to become more involved in management and participate in homeownership
Not applicable
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable
Discussion
The City of Lake Forest does not own or operate public housing.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City recognizes the importance of assisting the homeless and near-homeless with a continuum of care approach that addresses a homeless person’s immediate shelter needs and provides access to transitional and permanent housing, support services, and employment opportunities to break the cycle of homelessness.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City collaborates and relies on nonprofit partners to reach out to homeless persons (especially unsheltered persons). The City will allocate CDBG funds to three agencies to provide services for homeless individuals. Each agency has an outreach component used to engage and assess clients. In addition, the City will consider using local or state funds to support its street outreach and engagement program. Currently, a local nonprofit partners with the OC Sheriff to implement this program.
Addressing the emergency shelter and transitional housing needs of homeless persons In past years, the City used CDBG funds to assist nonprofits in acquiring eight condominium units located in the community to provide transitional housing. For FY 2023-24, no CDBG funds are allocated for emergency or transitional housing.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The Orange County Continuum of Care coordinates a system that incorporates several evidence-based practices, including a Housing First approach that involves moving persons directly from the streets into permanent housing accompanied by home-based supportive services. This approach has been effective with chronically homeless persons and families.
In past years Lake Forest used CDBG and local funding to expand permanent housing opportunities for the formerly homeless. In 2015, the City’s Housing Authority (former redevelopment agency) sold a four-unit apartment to Families Forward. These units provide permanent housing opportunities for Item: 12
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lower-income households, including formerly homeless families. The City allocated CDBG funds in FY 2022-23 to support expanding the City’s permanent affordable housing opportunities supply.
For FY 2023-24, CDBG funding is allocated to Families Forward. Families Forward will utilize funds to provide case management and support services to families residing in affordable housing. This program aims to stabilize at-risk families in affordable housing. HUD has also significantly increased the number of rental assistance vouchers for homeless Veterans (i.e., Veterans Affairs Supportive Housing or VASH vouchers). In addition to receiving rental assistance, veterans with a history of severe mental health illness, substance use disorder, or physical disabilities receive case management and appropriate support services from the Department of Veterans Affairs. Currently, 19 VASH vouchers are in place throughout Lake Forest.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
For FY 2023-24, the City will allocate CDBG funds to Family Assistance Ministry and South County Outreach for various services to assist the near-homeless and those already homeless. These agencies will also utilize CDBG funds to assist households at risk of eviction or the termination of utilities due to financial hardships. The City will also continue to support regional homeless planning efforts, including the OC CoC’s Discharge Plan, which aims to prevent individuals from leaving institutions such as jails and hospitals from becoming homeless.
Discussion
The programs identified above to address homeless persons' needs indicate that serving the homeless is a complex issue requiring a network of service providers. The City will allocate CDBG resources to support a network of agencies that will address the needs of the community’s homeless and those at risk of becoming homeless.
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction
The City’s Consolidated Plan provides detailed information regarding barriers to affordable housing and actions to overcome these barriers. The actions to address these barriers during FY 2023-24 are summarized below.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
Affordable housing development faces several challenges, including construction costs, financing, and development regulations. The 2013–2021 Housing Element notes that the City can encourage and facilitate affordable housing through financial assistance, removal of regulatory constraints, and administrative support. It offers the following actions to promote affordable housing production with limited funding.
• The City will monitor new neighborhood developments for compliance with development agreements that include an Affordable Housing Implementation Plan. • The City will collaborate with affordable housing developers to identify potential sites, write letters of support to help secure governmental and private-sector funding, and offer technical assistance related to applying state density bonus provisions. • The City will work with developers on a case-by-case basis to provide state-mandated regulatory concessions and incentives to develop affordable and senior housing. State-mandated regulatory concessions and incentives could include but are not limited to density bonuses, parking reductions, fee reductions or deferral, expedited permit processing, and modified or waived development standards.
• If available, the City may provide financial subsidies to help reduce development costs in exchange for units reserved for lower-income residents.
Discussion
The Consolidated Plan includes an extensive narrative regarding barriers to affordable housing and actions the City can take to mitigate identified obstacles to affordable housing development. As outlined above, the City provides an expedited development review process for affordable housing projects to reduce holding and overall development costs. The City has little control over market forces such as the cost of land, building materials, and labor. If resources are available, the City may provide gap financing to help reduce overall development costs as an incentive to develop affordable housing.
There are no growth limit initiatives in Lake Forest.
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AP-85 Other Actions – 91.220(k)
Introduction
Outlined below are additional actions the City will implement during FY 2023-24 to address the sub- strategies of the Consolidated Plan.
Actions planned to address obstacles to meeting underserved needs The City recognizes that special needs populations face challenges due to low income and unique life conditions. These individuals are often more likely to become homeless due to these factors. Special needs populations often require unique housing and supportive services. The City prioritizes supportive services and housing for special needs populations. In FY 2023-24, the City will fund public service agencies that assist underserved populations such as the homeless, seniors, the disabled, and low- income families with children.
Actions planned to foster and maintain affordable housing The City's strategies related to CDBG-funded affordable housing efforts are focused on maintaining the housing stock through its housing rehabilitation programs, supporting rental assistance programs like the Housing Choice Voucher, and helping to ensure individuals have access to housing free of discrimination due to race, gender, disability, and other personal or household characteristics.
Actions planned to reduce lead-based paint hazards
The Residential Lead-Based Paint (LBP) Hazard Reduction Act of 1992 changed the federal strategy for addressing LBP by emphasizing preventing childhood lead poisoning through housing-based approaches.
For example, lead-based paint hazard reduction is an eligible activity in the City’s housing rehabilitation programs.
All application packets for the City’s housing rehabilitation programs include a notice to educate residents about lead's health dangers and encourage screening children for elevated blood-lead levels.
Additionally, housing units are tested for lead-based paint before using federal funds. Housing units identified with lead-based paint hazards are treated, so the lead-based paint is abated per current federal requirements. The use of lead-based paint is prohibited in newly constructed units.
Actions planned to reduce the number of poverty-level families The City will leverage limited CDBG funds to address poverty by partnering with nonprofit agencies that assist lower-income households. Specifically, the City will fund programs that provide safety net services such as food banks, financial assistance to prevent eviction, low-cost medical care, and fair housing education/enforcement services.
Actions planned to develop institutional structure
The City of Lake Forest will continue efforts to eliminate institutional gaps and enhance the coordination of programs that serve the community. For example, the City will partner with nonprofit entities to Item: 12
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deliver public services. City departments will continue to collaborate to evaluate programs and projects that may be funded in whole or in part with CDBG funds that address priority needs. The City will assist OCHA by participating in the Cities Advisory Committee – a quarterly meeting of cities and OCHA to discuss federal rental housing assistance and regional housing issues. As a supporter of the OC-CoC, the City will provide information for the County’s annual Continuum of Care Homeless Assistance grant application to HUD. The City will also continue to support the development of the County’s Ten-Year Plan to end chronic homelessness and a regional discharge plan.
Actions planned to enhance coordination between public and private housing and social service agencies
The City will continue participating in regional coordination of services by participating in the Cities Advisory Committee - the quarterly meeting of cities and OCHA to discuss federal rental housing assistance issues. On an annual basis, the City meets with service providers to discuss service needs and ways to improve service to residents. Another example of enhanced coordination is preparing the countywide Analysis of Impediments to Fair Housing. The City participated in developing this document, which required significant jurisdictional coordination.
Broadband: According to BroadbandNow.com, Cox Communications is the top broadband service provider in Lake Forest, covering 99.9 percent of the City. AT&T Internet and EarthLink are also available via fiber optic cable to 94.8 percent and 94 percent of Lake Forest properties, respectively. Several additional providers offer satellite or 5-G-based broadband service.
Most broadband service providers in Orange County participate in the Affordable Connectivity Program (ACP). The ACP was created with the passage of the Infrastructure and Jobs Act of 2021. The purpose of the ACP is to provide eligible households with a $30 discount on monthly broadband internet service.
ACP eligibility is based on household income (200 percent of federal poverty or less) or participation in specific government assistance programs, such as SSI, Medicaid, or WIC. Funding may also be available to provide “discounts” for connective devices such as laptops, desktop computers, or tablets.
Information about the ACP is readily available online; however, many of the City’s nonprofit service providers will inform clients of this program and may also assist clients in applying for benefits.
In November 2022, the City Council approved a nonexclusive franchise agreement with SiFi Networks (SiFi) to build a high-speed internet open access network using direct fiber optic connections to each Lake Forest property. The new fiber optic system will provide residents with an additional choice for high-speed internet service. (The proposed network will provide 10-GB connectivity to homes and 100- GB to businesses and municipal facilities). SiFi also offers low-cost internet options for disadvantaged families.
Additionally, the City will continue encouraging developers and property owners to incorporate broadband infrastructure into all new or substantially rehabilitated housing projects, especially affordable housing projects.
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Hazard Mitigation: The Disaster Mitigation Act of 2000 requires local governments to prepare a plan to document their hazard mitigation planning process and to identify hazards, potential losses, mitigation needs, goals, and strategies. Each state and local government must have a federally approved mitigation plan to be eligible for hazard mitigation grant funding (e.g., FEMA). The City of Lake Forest recently began the development of a Local Hazard Mitigation Plan (LHMP). The LMHP will present strategies for reducing the City's vulnerability to the impacts of events that could threaten lives, property, or the environment. This plan and the process of developing it will identify opportunities for the City to become more resilient to hazards and help alleviate risks to our community.
Three Primary Elements of the LHMP:
1. Hazard Identification: Profile potential hazards by type, previous occurrences, and probability.
2. Vulnerability Assessment: Identify the potential impact of the hazards profiled, vulnerability to each hazard, and potential loss to life, environment, and economy.
3. Mitigation Actions: Develop overarching strategies, specific goals, and prioritize those actions to reduce hazard impacts.
Staff anticipates that City Council will adopt the LHMP in Winter 2023.
Discussion
HUD-funded grant recipients are required to not discriminate in housing or services directly or indirectly based on race, color, religion, sex, national origin, age, familial status, or disability. Grant recipients such as Lake Forest are required to: (1) examine and attempt to alleviate housing discrimination within their jurisdiction; (2) promote fair housing choices for all persons; (3) provide opportunities for all persons to reside in any given housing development, regardless of race, color, religion, sex, disability, familial status, national origin, and other personal or familial attributes; (4) promote housing that is accessible to and usable by persons with disabilities; (5) and comply with the non-discrimination requirements of the Fair Housing Act. HUD encourages jurisdictions to consult with one another and initiate metropolitan- wide area fair housing planning. The Analysis of Impediments (AI) to Fair Housing Choice is the primary document for this purpose. In addition to identifying impediments, a strategy to overcome barriers must be developed and implemented - accomplishments are reported annually. The City participated in developing the 2020-2024 countywide AI, which the City Council adopted in May 2020. A summary of impediments to fair housing and the action steps the City will take during FY 2023-24 are found in Attachment 4.
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction
The program-specific requirements for the City CDBG program are listed below.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan
0 3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. 0
5. The amount of income from float-funded activities 0
Total Program Income 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low- and moderate-income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan.
100.00%
Discussion
The City will meet the 70% low- and moderate-income “Overall Benefit” requirement for using CDBG funds in one year – FY 2023-2024.
CDBG funds for FY 2023-24 will be allocated to the activities listed in section AP-35. Public service activities will be qualified as “limited clientele benefit.” Public facility and infrastructure improvements will be qualified under “low- and moderate-income area benefit” or “limited clientele benefit” (e.g., ADA improvements). Housing Rehabilitation and Neighborhood Pride Paint programs will be available citywide to qualified low- and moderate-income homeowners.
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CDBG program income received during FY 2023-24 will be allocated to the City’s Housing Rehabilitation Program (Revolving Loan funds). The City does not have surplus funds from urban renewal settlements, nor does the City have grant funds returned to its line of credit. The City will not undertake float-funded activities; therefore, it does not anticipate program income from this type of activity. Finally, the City does not anticipate undertaking urgent need activities during FY 2023-24, nor will it undertake any actions that may result in the involuntary displacement of businesses or residents.
As indicated above, CDBG program income will fund additional housing rehabilitation loans if available.
The City anticipates carrying forward $0 in housing rehabilitation funds for housing activities during FY 2023-24.
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Five-Year and One-Year Summary of Accomplishments
Grantee Name: City of Lake Forest
Source of
Funds Year Performance
Indicators
Expected
Number
Actual
Number
Percent
Completed
2020 Housing Units 8 9 112.5%
2021 Housing Units 13 16 123.08%
2022 Housing Units
2023 Housing Units
2024 Housing Units
40 25 62.50%
2020 Housing Units 0 0 NA
2021 Housing Units 0 0 0.00%
2022 Housing Units
2023 Housing Units
2024 Housing Units
0 0 0.00%
2020 Housing Units 200 192 96.00%
2021 Housing Units 185 169 91.35%
2022 Housing Units
2023 Housing Units
2024 Housing Units
200
(Annual Avg)
181
(2 Yr Avg)
90.50%
(2 Yr Avg)
Source of
Funds Year Performance
Indicators
Expected
Number
Actual
Number
Percent
Completed
2020 Individuals 295 276 93.56%
2021 Individuals 1,691 2,296 135.78%
2022 Individuals
2023 Individuals
2024 Individuals
8,000 2,572 32.15%
2020 Projects 0 0 0.00%
2021 Projects 6,754 0 0.00%
2022 Projects
2023 Projects
2024 Projects
7,500 0 0.00%
Housing Choice Vouchers (Administered by OCHA): Improve or expand the supply of housing affordable to lower-income households Provide or improve access to public social services for low- and moderate-income persons and persons with special needs
5-Yr Con Plan Goal
CDBG
5-Yr Con Plan Goal
CDBG
Decent Housing
CDBG
5-Yr Con Plan Goal
Housing rehabilitation loans and grants to improve or expand the supply of housing affordable to lower-income households HUD
Housing
Vouchers
5-Yr Con Plan Goal
Housing acquisition loans and grants to improve or expand the supply of housing affordable to lower-income households CDBG
5-Yr Con Plan Goal
Improve and expand public infrastructure and facilities that benefit low- and moderate-income neighborhoods and residents
Objective: Housing Preservation
Suitable Living Environment
Objective: Public Social Services
Objective: Infrastructure and Facility Improvements
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Five-Year and One-Year Summary of Accomplishments
Source of
Funds Year Performance
Indicators
Expected
Number
Actual
Number
Percent
Completed
2020 Businesses 80 80 100.00%
2021 Businesses 0 0 0.00%
2022 Businesses
2023 Businesses
2024 Businesses
80 NA
Source of
Funds Year Performance
Indicators
Expected
Number
Actual
Number
Percent
Completed
2020 Individuals 2,375 914 38.48%
2021 Individuals 861 80 9.29%
2022 Individuals
2023 Individuals
2024 Individuals
2,680 994 37.09%
Source of
Funds Year Performance
Indicators
Expected
Number
Actual
Number
Percent
Completed
2020 Year of Admin 0 0 NA
2021 Year of Admin 0 0 0.00%
2022 Year of Admin
2023 Year of Admin
2024 Year of Admin
450 0 0.00%
2020 Households 1 1 100.00%
2021 Households 1 1 100.00%
2022 Households
2023 Households
2024 Households
5 2 40.00%
CDBG
1. Fair Housing services are funded as a public service versus program administration. Planned goal for FY 21-22 is 85 - 95 were assisted (111.76%) CDBG
5-Yr Con Plan Goal
CDBG
5-Yr Con Plan Goal
Provide for administration and planning activities to carry out actions that address needs in the Consolidated Plan, including fair housing services to address local impediments to fair housing 1 Provide for administration and planning activities to carry out actions that address needs in the Consolidated Plan
Objective: Economic Opportunities
Economic Opportunity
5-Yr Con Plan Goal
Other
Objective: Administration and Planning
On September 1, 2020, added small business assistance grant for businesses impacted by the Coronavirus (CDBG-CV funding) Provide a continuum of supportive and housing services for the homeless and households at risk of homelessness
5-Yr Con Plan Goal
Continuum of Care
Objective: Homeless Continuum of Care
CDBG-CV
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Attachment 2
PUBLIC NOTICE
CITY OF LAKE FOREST
Community Development Block Grant Program
2023-2024 Annual Action Plan
30-DAY PUBLIC REVIEW AND COMMENT PERIOD
AND NOTICE OF PUBLIC HEARING
Notice is hereby given that the City of Lake Forest seeks public input pursuant to the Community Development Block Grant (CDBG) program 2020-2024 Consolidated Plan – Annual Action Plan for Fiscal Year (FY) 2023-2024. The primary objective of the CDBG program is the development of viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities principally for persons of low- and moderate-income (those earning 80 percent or less of Orange County's median income). This funding is provided by the U.S.
Department of Housing and Urban Development (HUD). The scope of eligible activities established by HUD ranges from public works improvements to housing rehabilitation and social service programs.
FY 2023-2024 Annual Action Plan
The Consolidated Plan is a 5-year strategic plan that identifies priority community needs and projects/programs that may be implemented to meet these needs. The Annual Action Plan outlines the City's proposed use of CDBG funds for a twelve-month period. HUD has notified the City it will receive $520,784 in CDBG funds for FY 2023-2024. Program income generated by the repayment of prior funded housing rehabilitation loans will also be available to undertake eligible housing activities.
Based on the City's 2023-2024 CDBG allocation, the following activities are proposed:
Program Name Program Description Proposed
CDBG Funding
Public Facility
Improvements/Housing
Examples: ADA sidewalk and curb ramps, and
housing rehabilitation loans and grants $338,669
Public Services
Examples: Food distribution, health care
services, senior services, and homeless
services
$78,115
CDBG Program
Administration
Program coordination, management, staffing,
monitoring, and reporting; fair housing
education and enforcement services
$104,000
COMMENT PERIOD
A copy of the draft 2023-2024 Annual Action Plan is available for review on the City website:
http://www.lakeforestca.gov/854/Community-Development-Block-Grant. The plan is also available for public review at Lake Forest City Hall located at 100 Civic Center Drive, Lake Forest CA.
Written public comments will be accepted from 3/31/23 through 5/1/23. Written comments should be submitted no later than 5:00 PM May 1, 2023, to:
City of Lake Forest
Attn: Ron Santos, Senior Planner
100 Civic Center
Lake Forest, CA 92630
The City will respond to all public comments received in writing.
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Attachment 2
CITY COUNCIL PUBLIC HEARING
All interested persons are invited to the public hearing to discuss the draft 2023-2024 Action Plan.
DATE: Tuesday, May 2, 2023
TIME: 6:30 PM or soon thereafter
LOCATION: Lake Forest City Hall Council Chambers
100 Civic Center, Lake Forest, CA, 92630
ASSEMBLY BILL 361: This meeting will occur in accordance with Government Code section 54953(e) et seq. ("AB 361") wherein the City of Lake Forest City Council may continue to participate in meetings via teleconference.
Agenda on the Internet: The meeting Agenda will be available on the City's website at https://lakeforestca.gov/129/Agendas. You can access the document on the Friday before the meeting. The meeting will also be livestreamed on the City website.
Agenda Document Review: The full Agenda including all back up information will be available at City Hall, 100 Civic Center Drive, Lake Forest, California, on the Friday before the meeting.
Agenda Description: The Agenda descriptions are intended to give members of the public a general summary of items of business to be transacted or discussed. The listed Recommended Action represents the City staff's recommendation.
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 During Meeting: Members of the public may provide comments in-person at the meeting or remotely. Those wishing to provide comments in-person at the meeting will be asked to submit a request to speak to the City Clerk. Those wishing to provide comments remotely may join the meeting online at https://call.lifesizecloud.com/5038350 and enter Passcode 1004# or by phone at (312) 584-2401 and enter meeting number 5038350# followed by Passcode 1004#.
Any petition for judicial review of a decision of the Lake Forest City Council is controlled by the statute of limitations provisions set forth in sections 2.50.010 and 2.50.020 of the LFMC and Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Lake Forest City Council is controlled by Section 2.50.010 and Section 2.50.020 of the LFMC.
Any such action or proceeding that seeks judicial review of, attacks, or seeks to set aside or void any decision of the Lake Forest City Council shall be limited to those issues raised at the hearing described in this notice or in written correspondence delivered to the City Clerk, at, or prior to, the public hearing described in this notice, and must be commenced within the time limits specified in Chapter 2.50 of the LFMC.
WHO TO CONTACT FOR INFORMATION - For additional information, please contact Ron Santos – Senior Planner, at (949) 461-3449 or via e-mail at [email protected]
/s/ Lisa Berglund, MPA
City Clerk
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Attachment 2
SUMMARY OF PUBLIC COMMENTS
30-DAY COMMENT PERIOD (3/31/23 THROUGH 5/1/23)
TBD
MAY 2, 2023, CITY COUNCIL PUBLIC HEARING
TBD
MAY 16, 2023, CITY COUNCIL MEETING
TBD
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CITY OF LAKE FOREST
2022 CDBG-Eligible Block Groups
City Census
Tract
Block
Group
# Low/Mod
Residents
Low/Mod
Universe % Low/Mod
Lake Forest 032014 2 2,440 2,765 88.25%
Lake Forest 032027 1 2,350 3,440 68.31%
Lake Forest 052410 2 420 620 67.74%
Lake Forest 032047 1 610 950 64.21%
Lake Forest 052423 2 1,775 2,860 62.06%
Lake Forest 052416 1 615 995 61.81%
Lake Forest 052410 1 1,035 1,690 61.24%
Lake Forest 052411 2 1,085 1,780 60.96%
Lake Forest 052410 3 1,170 2,010 58.21%
Lake Forest 052424 1 860 1,500 57.33%
Lake Forest 052425 3 770 1,420 54.23%
Lake Forest 052408 1 545 1,035 52.66%
* HUD 2022 Low/Moderate Income data as of 1/5/23
Attachment 3
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Attachment 3
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ORANGE COUNTY ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE August 6, 2020
REGIONAL PROPOSED AI GOALS AND STRATEGIES
To address the contributing factors described above, the AI plan proposes the following goals and actions:
Regional Goals and Strategies."
Goal 1: Increase the supply of affordable housing in high opportunity areas.1 Strategies:
1. Explore the creation of a new countywide source of affordable housing.
2. Using best practices from other jurisdictions, explore policies and programs that increase the supply of affordable housing, such as linkage fees, housing bonds, inclusionary housing, public land set-aside, community land trusts, transit-oriented development, and expedited permitting and review.
3. Explore providing low-interest loans to single-family homeowners and grants to homeowners with household incomes of up to 80% of the Area Median Income to develop accessory dwelling units with affordability restrictions on their property.
4. Review existing zoning policies and explore zoning changes to facilitate the development of affordable housing.
5. Align zoning codes to conform to recent California affordable housing legislation.
Goal 2: Prevent displacement of low- and moderate-income residents with protected characteristics, including Hispanic residents, Vietnamese residents, other seniors, and people with disabilities.
Strategies:
1. Explore piloting a Right to Counsel Program to ensure legal representation for tenants in landlord-tenant proceedings, including those involving the application of new laws like A.B. 1482.
Goal 3: Increase community integration for persons with disabilities.
Strategies:
1. Conduct targeted outreach and provide tenant application assistance and support to persons with disabilities, including individuals transitioning from institutional settings and individuals who are at risk of institutionalization. As part of that assistance, maintain a housing database accessible to persons with disabilities.
2. Consider adopting the accessibility standards adopted by the City of Los Angeles, which require at least 15 percent of all new units in city-supported Low-Income Housing Tax Credit (LIHTC) projects to be ADA- accessible with at least 4 percent of total units to be accessible for persons with hearing and/or vision disabilities.
1 The term “high opportunity areas” generally means locations where there are economic and social factors and amenities that provide a positive impact on a person’s life outcome. This is described in more detail in Section iii, Disparities in Access to Opportunity.
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Goal 4: Ensure equal access to housing for persons with protected characteristics, who are disproportionately likely to be lower-income and to experience homelessness.
Strategies:
1. Reduce barriers to accessing rental housing by exploring eliminating application fees for voucher holders and encouraging landlords to follow HUD's guidance on the use of criminal backgrounds in screening tenants.
2. Consider incorporating a fair housing equity analysis into the review of significant rezoning proposals and specific plans.
Goal 5: Expand access to opportunities for protected classes.
Strategies:
1. Explore the voluntary adoption of Small Area Fair Market Rents or exception payment standards in order to increase access to higher opportunity areas for Housing Choice Voucher holders.
2. Continue implementing a mobility counseling program that informs Housing Choice Voucher holders about their residential options in higher opportunity areas and provides holistic support to voucher holders seeking to move to higher opportunity areas.
3. Study and make recommendations to improve and expand Orange County's public transportation to ensure that members of protected classes can access jobs in employment centers in Anaheim, Santa Ana, and Irvine.
4. Increase support for fair housing enforcement, education, and outreach.
CITY OF LAKE FOREST PROPOSED AI GOALS AND STRATEGIES
1. In collaboration with the Orange County Housing Authority (OCHA):
a. Attend quarterly OCHA Housing Advisory Committee to enhance the exchange of information regarding the availability, procedures, and policies related to the Housing Assistance Voucher program and regional housing issues.
b. Support OCHA's affirmative fair marketing plan and de-concentration policies by providing five-year and annual PHA plan certifications.
c. In coordination with OCHA and fair housing services provider, conduct landlord education campaign to educate property owners about State law prohibiting discrimination based on household income.
2. Through the City's fair housing contractor:
a. Provide fair housing education and information to apartment managers and homeowner associations on why denial of reasonable modifications/accommodations is unlawful. b. Conduct multi-faceted fair housing outreach to tenants, landlords, property owners, realtors, and property management companies. Methods of outreach may include workshops, informational booths, presentations to community groups, and the distribution of multi-lingual fair housing literature.
c. Provide general fair housing counseling and referrals services to address tenant-landlord issues, and investigate allegations of fair housing discrimination and take appropriate actions to conciliate cases or refer to appropriate authorities.
d. Periodically monitor local newspapers and online media outlets to identify potentially discriminatory housing advertisements.
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e. Include testing/audits within the scope of work with fair housing provider. f. Regularly consult with the City's fair housing contractor on potential strategies for affirmatively furthering fair housing on an ongoing basis.
3. In cooperation with the Orange County Transportation Authority:
a. Provide community education regarding transport services for persons with disabilities. b. Explore bus route options to ensure neighborhoods with a concentration of low-income or protected class populations have access to transportation services.
4. Support local eviction prevention strategies to reduce the number of homeless individuals and families (homelessness prevention services).
5. Prepare a new Housing Element that is compliant with all current State laws and is certified by the California Department of Housing and Community Development.
6. Update zoning ordinance to comply with current State law.
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1 ATTACHMENT 2
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2 City of Lake Forest
Community Development Block Grant Program
Summary of FY 2023-2024 Public Service Applications
1) Age Well Senior Services, Inc.
Request: Age Well Senior Services requests $7,500 to support a Care Manager salary for the purpose of providing direct service to Lake Forest residents. Funds would support a Care Manager 12 hours per week to develop and implement individual care plans to meet Lake Forest client needs. The Care Management program averages 19-22 Lake Forest residents annually; CDBG funds would support services for 20 eligible residents. Funds will not be used for direct payments to clients for rental assistance, utilities, etc. Funds will not support administrative or fundraising costs.
Narrative: The Age Well Senior Services, Inc. (Age Well) Care Management program helps seniors live independently in their own homes. Care Managers work with about 20 Lake Forest seniors each year to help them develop and achieve short-term goals. Care Managers coordinate resources and make referrals to community-based services that support these goals. A care plan is developed that may include connecting a senior to health resources, obtaining a walker, making wellness calls, and more. Care Management participants may also be eligible for Age Well programs such as in-home supportive services, home-delivered meals, and medical transportation services that take seniors to their pharmacy or doctor's office. Care Managers meet with clients quarterly, typically in their homes, and follow up between meetings by phone. Lake Forest residents 60 years of age and older are eligible to enroll in the Care Management program. Typical participants are ages 80 and up; live on fixed incomes; suffer from chronic conditions; and do not drive.
2) Alzheimer’s Orange County
Request: Alzheimer’s Orange County requests $5,000 to support the operation of its Adult Day Services for individuals with Alzheimer’s and related dementia. CDBG funds would be used to help pay for rent of the facility where services are being provided. It projects it will serve 23 unduplicated Lake Forest residents.
Narrative: This program provides a secure and supportive environment for adults who need daily supervision and/or medical assistance due to Alzheimer’s disease and other related dementias and disabilities. Adult Day Services also offers caregivers a safe and supportive environment for adults that need daily supervisions and/or medical assistance.
Program participants receive supervised nursing, physical and occupational therapies, healthy meals, personal care assistance, health education and exercise program, and medication management.
Case managers also link program participants and care givers to resources such as family support groups, and education, care consultations, and in-home services. 3) Camino Health Center
Request: Camino Health Center requests $15,000 for rent costs. Camino projects it will provide medical, dental, and behavioral health care to 2,330 unduplicated low-income, underserved and uninsured Lake Forest residents.
Narrative: During Fiscal Year (FY) 2022, Camino Health Center provided services to 2,250 unduplicated low-income, underserved, and uninsured Lake Forest residents. Visits Item: 12
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3 by Lake Forest residents accounted for 14.3% of all visits at Camino during FY 2022.
Camino Health Center has been dedicated to improving the health status of the low and moderate-income families in South Orange County and continuously increases access to care for Lake Forest residents. To ensure that the underserved residents in Lake Forest have access to these services, Camino has three full-time sites in Lake Forest, San Clemente, and San Juan Capistrano. Having a location in the city of Lake Forest provides easier access for Lake Forest residents to Camino Health Center’s services. All three health centers provide primary medical, family dental, and behavioral health services.
Camino's Lake Forest location also offers optometry services. This clinic operates full-time and is open two Saturdays a month. The Lake Forest health center is equipped with 16 exam rooms, five dental operation-ready rooms, and office space for behavioral health and WIC.
4) Fair Housing Council of Orange County
Request: The Fair Housing Council of Orange County ("FHCOC") requests $7,500 to pay for a variety of services (i.e., administrative, facilities, communications, etc.). It estimates serving 320 unduplicated residents (95 households).
Narrative: Federal funding regulations require that CDBG eligible jurisdictions plan for and undertake actions to affirmatively further fair housing within their jurisdiction. FHCOC services enable Lake Forest to meet that requirement. FHCOC provides fair housing enforcement, education, and outreach services. FHCOC responds to as many Lake Forest housing discrimination allegations as presented. It also provides professional services that address other housing-related matters, including general housing law violations. It facilitates the opportunity for landlords and tenants to correct wrongful housing policies or behavior. During the next program year, FHCOC projects four current or potential Lake Forest households contacts to make allegations of housing discrimination, and that one of those allegations will be sufficiently meritorious to result in opening a client case file.
Perhaps another 10 households will contact FHCOC with concerns or questions about housing discrimination.
In FY 2021-2022, Fair Housing assisted 271 Lake Forest unduplicated residents. Since the level of service delivery depends on clients initiating contact, the demand for services is, in part, related to its ability to conduct outreach in the community.
5) Families Forward
Request: Families Forward requests $25,000 to fund program staff salaries and benefits.
It projects it would support 23 Lake Forest residents through its Housing Program.
Narrative: Families Forward has nearly 40 years of experience helping low-income and homeless Orange County families in crisis to regain financial stability and self-sufficiency.
Families Forward has grown in response to community needs and has a variety of housing options for families throughout the County. Families Forward’s Housing Program anticipates serving 305 families in the current fiscal year (countywide). In addition to housing services, Families Forward provides an extensive network of resources to help families in financial crisis.
In Lake Forest, Families Forward is proposing to continue providing our Affordable Housing Program to end homelessness and safely house approximately seven extremely low- and Item: 12
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4 low-income families, helping them rebuild their lives and regain financial stability. Families Forward Affordable Housing Program is designed to help families recently faced with a crisis that left them literally homeless. Families Forward helps these families get back on their feet by providing affordable housing, counseling, career coaching, life-skills training, financial literacy education, food assistance, prevention & diversion services, and referral services. A trained and subject matter expert Families Forward team member is attached to each family to partner in their plan for achieving self-sufficiency, financial accountability, and housing stability. Families Forward also assist with lease agreements, landlord-tenant relationships, and other barriers to long-term housing options. Families Forward owns or is in partnership with 92 affordable housing units with plans to exceed 100 units by the end of 2023, with (14) Families Forward owned and partnered affordable housing units in Lake Forest.
In FY 2021-22, Families Forward assisted 21 Lake Forest families (78 individuals) in finding housing, provided 9 Lake Forest families (32 individuals) with prevention services, and provided 254 (980) unduplicated families in the City of Lake Forest with access to food through our food pantry. During our recently completed 2022 Fiscal Year, we successfully prevented or ended homelessness for 679 families across Orange County (2,354 children and their parents) and provided services to over 12,045 individuals. During the same time, Families Forward provided 30,525 meals to Orange County residents in need through our food pantry. Additionally, through our seasonal programs in 2022, 1,272 children received new school supplies, 983 families were provided with the fixings to make a Thanksgiving meal, and through our 2022 Adopt a Family program, we served 968 families and 2,601 children.
6) Family Assistance Ministry
Request: Family Assistance Ministry requests $10,000 to support low-to-moderate income Lake Forest residents who are homeless or at immediate risk of homelessness. $8,000 would subsidize direct financial assistance, including rental assistance and utility payments, in their Lake Forest housing program. $2,000 would support staffing costs for case managers. It projects it would provide services to 1,000 unduplicated low- to moderate-income Lake Forest residents.
Narrative: FAM's Housing Continuum offers services to Lake Forest residents who are unhoused or at risk of becoming housed. Clients are matched to "best-fit" housing services depending on individual or family circumstances. FAM offers nutritious food options, which are always a component of financial stabilization. This allows case managers to counsel residents to spend their money on rent and utilities rather than on food. FAM also provides financial counseling and rental assistance to those not yet unhoused but at risk of eviction because of non-payment. Client need is verified and paid directly to landlords and/or service providers. Case managers help coach residents as they move from dependency to self-reliance.
FAM helps those who are already unhoused with several services options. Diversion through the Homeward Bound program is the first option because it reconnects clients back to a support network (family or friends) nationwide. FAM's Gilchrist House interim/transitional shelter services single unhoused women and women with children.
FAMily House, the only emergency shelter in south Orange County for unhoused families with children, serves single-parent households, dual-parent households and pregnant women. The vulnerability index determines placement for other clients. Additionally, clients Item: 12
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5 may be assisted through Rapid Rehousing (RRH), providing partial security deposits or rental assistance reduced over three months to ensure housing stability.
FAM has provided crisis and homeless prevention services to residents of south Orange County since 1999. In 2022, FAM had 1,453 encounters helping to ensure housing stability to 312 Lake Forest residents. These residents received over 600 case management hours resulting in $55,880 in financial assistance, including rental assistance of $49,481 provided for 30 residents and $2,818 in utility assistance provided for 8 residents.
Last year FAM served 1,025 Lake Forest residents in need with 4,200 encounters with people who were hungry, homeless, or at-risk of becoming homeless. 193 Lake Forest residents were provided 247 hours of case management resulting in $615 in transportation assistance, $1,751 in utility assistance, and $42,996 in rental assistance. FAM help clients create a workable solution to their particular challenges. Homeless Prevention has always been at the cornerstone of what FAM offers. Rental assistance with a financial plan means a family, a senior, or individual will avoid eviction. Since 2003, FAM’s Gilchrist House has provided safe shelter to homeless women and children. FAMily House emergency shelter for families with children opened in March of 2017 and is the only emergency family shelter in south Orange County.
All of FAM's clients are moderate-to-low income, economically insecure, and/or at risk of experiencing hunger and loss of housing in Orange County. Of the over 30,000 clients served in our last fiscal year, 6% were already unhoused and the other 94% were at risk of losing their home. FAM serves people regardless of age, race, gender, sexual orientation, national origin, disability, marital or military status, or religious affiliation. Furthermore, families with children make up a significant percentage of our clients; 45% of those we serve are children and another 15% are seniors.
7) South County Outreach
Request: South County Outreach requests $25,000 to support our food pantry efforts for Lake Forest residents experiencing or facing food insecurity. Funding would go toward facility costs and staff required. It projects it would assist 1,400 unduplicated Lake Forest residents with this funding.
Narrative: South County Outreach ("SCO") has provided emergency services - preventing hunger and homelessness - to south Orange County residents, including those from the City of Lake Forest, since 1989. With support from the City of Lake Forest, SCO has been able to maintain its existing operating infrastructure and provide an array of safety-net services, including free food from the Food Pantry and homeless prevention services in the form of rental and utility payments. Continued support will ensure increased availability of SCO staff to provide more services to low-income Lake Forest residents at risk of homelessness and food scarcity, including families with children, single-parent households, veterans, the disabled, seniors living on a fixed income, and those who are homeless, unemployed, or underemployed.
SCO's offices and primary food pantry hub are located in the City of Irvine at 7 Whatney, Suite B (just off Bake Pkwy. and Rockfield Blvd.), which is easily accessible from the 5 and 405 freeways. Prior to the pandemic, SCO was serving approximately 25 households per day, with a staff of nine, and a large volunteer base. Now, given the staggering increase in clients returning for services monthly, and the decrease in volunteer availability, SCO Item: 12
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6 operates with a team of 21 paid staff, assisting upwards of 100 households per day in the food pantry, alone. SCO also has doubled the number of households it provides rental and utility assistance to over the past two years.
Funding from the City of Lake Forest will make it possible for the agency to meet the rapidly increasing needs of its residents. SCO has successfully administered government and/or public funding for more than 20 years.
8) Vocational Visions
Request: Vocational Visions requests $5,000 for their program which enhances the community by developing the talents of adults with intellectual and developmental disabilities. Funds would be used to support the job developer position salary. The job developer creates opportunities for persons served in the Pathways to Employment programs: Adult Development Program, Day Training and Activity Center Pala, and Supported Employment.
Narrative: Vocational Visions ("VV") creates pathways to employment, social inclusion, and life-long learning. VV projects it would assist 27 unduplicated Lake Forest residents with the requested funding.
Vocational Visions enhances our community by developing the talents of adults with intellectual and developmental disabilities. Since 1974, VV has created pathways to employment, life-long learning and social inclusion. In 2022, the Committee for Accreditation of Rehabilitation Facilities (CARF International) renewed the Vocational Visions accreditation for employment and day programs. Job placements via VV's Pathways to Employment program include positions with public parks, grocery stores, retail stores, hardware stores, restaurants, hotels, schools, libraries and more across South Orange County. VV is licensed by the Community Care Licensing division of the Department of Social Services and receives referrals from the Department of Rehabilitation and Regional Center of Orange County. VV provides services from both of their Mission Viejo-based facilities and throughout South Orange County.
Adults 18 years or older with intellectual and developmental disabilities (IDD) are the target population for VV. Intellectual and developmental disabilities include autism, cerebral palsy, Down syndrome, epilepsy, and other IDD challenges. Adults with intellectual and developmental disabilities (IDD) encounter multiple barriers to obtaining employment, including communication issues, transportation logistics, the physical environment of a job location, and attitudinal difficulties.
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ATTACHMENT 3
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Returning Applicants' Three-Year Performance History
CDBG Public Service
SUBRECIPIENT PLANNED ACTUAL
%
ACCOMPLISHED PLANNED ACTUAL
%
ACCOMPLISHED PLANNED ACTUAL
%
ACCOMPLISHED
Age Well Senior
Services 18 19 105.6% 36 22 61.1% 16 26 162.5%
Alzheimer's Orange
County 25 24 96.0% 25 15 60.0% 25 20 80.0%
Camino Health Center 1,500 2,245 149.7% 200 206 103.0% 1,600 2,250 140.6% Fair Housing Council
of Orange County 1 70 78 111.4% 73 68 93.2% 85 95 111.8% Families Forward 14 27 192.9% 25 21 84.0% 11 20 181.8%
Family Assistance
Ministries
2 30 188 626.7% 250 55 22.0% 238 140 58.8%
South County
Outreach
2 1,500 1,622 108.1% 2,100 838 39.9% 612 89 14.5%
Vocational Visions 25 33 132.0% 34 33 97.1% NA NA NA
NA - Did not apply
FY 2019-20 FY 2021-22
1. FHCOC’s service level is complaint driven; therefore it is difficult to predict from year to year how many residents will access these services. FHCOC has continued its outreach efforts in the community and investigates all reported cases of unfair housing practices and has spent 100% of its awarded grant over a three-year period.
2. Agencies utilized CDBG-CV, and FY 20-21 and FY 21-22 CDBG resources to assist Lake Forest residents during the report period.
FY 2020-21
Attachment 3
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/2/2023
DEPARTMENT: Community Development
SUBJECT:
ZONING CODE AMENDMENT 03-23-5611, A CITY-INITIATED ZONING CODE AMENDMENT TO ADD CHAPTER 9.151 OF THE LAKE FOREST MUNICIPAL
CODE TO ESTABLISH REGULATIONS FOR HOUSING DEVELOPMENTS ON SITES IDENTIFIED IN THE CITY’S HOUSING ELEMENT SITES INVENTORY RECOMMENDED ACTION(S):
1) Find that Zoning Code Amendment 03-23-5611 is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)1 and 15061(b)(3) of the State CEQA Guidelines; and 2) Introduce First Reading of an Ordinance entitled: AN ORDINANCE OF THE CITY OF LAKE FOREST, CALIFORNIA, ADDING CHAPTER 9.151
TO THE LAKE FOREST MUNICIPAL CODE TO ESTABLISH
REGULATIONS FOR HOUSING DEVELOPMENTS ON SITES
IDENTIFIED IN THE CITY’S HOUSING ELEMENT SITES INVENTORY
AND FINDING THE ACTION TO BE EXEMPT FROM CEQA UNDER
STATE CEQA GUIDELINES SECTIONS 15060(c)(1) AND 15061(b)(3) EXECUTIVE SUMMARY:
Zoning Code Amendment 03-23-5611 (ZC 03-23-5611) is a City-initiated Zoning Code Amendment to add Chapter 9.151 to the Lake Forest Municipal Code to establish regulations for housing developments on sites identified in Table B of the City’s Housing Element Site Inventory. State law (Government Code Section 65583.2 subdivisions (h) and (i)) includes restrictions and incentives for the production of housing and the inclusion of affordable housing on the sites listed on Table B of the City’s Site Inventory. Although the City is already required to meet these provisions in State law, the California Department of Housing and Community Development (“HCD”) provided comments requiring the City to revise Housing Element Program 1 to explicitly include these provisions in the City’s Zoning Code. The attached ordinance restates the State law in implementation of the City’s Housing Element Program 1 (Attachment 1). The Planning Commission reviewed this ordinance and recommended the City Council approve the ordinance (Attachment 2). A copy of the City’s Housing Element Site Inventory is provided as Attachment 3 and an excerpt of the City’s adopted Housing Element is provided as Attachment 4.
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BACKGROUND:
The Housing Element is a section of the City’s General Plan that addresses housing needs and conditions within Lake Forest. It identifies goals, policies, and programs the City uses to guide actions related to housing. The City Council adopted the 2021-2029 (6th cycle) Housing Element originally on January 4, 2022. Based on comments from HCD, the 6th cycle Housing Element was updated and subsequently adopted by the City Council on August 16, 2022 and January 3, 2023. HCD certified the 2021-2029 Housing Element on February 24, 2023.
The Housing Element includes Appendix A: Housing Site Inventory (Attachment 2), which is required by state law. The inventory provides a table of land suitable for residential development, including vacant sites and sites having the potential for redevelopment. The City’s Site Inventory is organized into two tables. Table A includes two residentially zoned properties that are being underutilized and Table B includes 73 sites that were part of the recently approved Zone Change 03-22- 5511, which converted a total of 267 parcels into 5 different Mixed-Use Zones.
The sites inventory does not approve any project or guarantee what will be built on the site. Actual housing development is implemented by the development community and will largely depend on market factors that are outside of the City’s control.
DISCUSSION:
State law (Government Code Section 65583.2 subdivisions (h) and (i)) includes restrictions and incentives for the production of housing and the inclusion of affordable housing on the sites listed on Table B of the City’s Site Inventory.
Although the City is already required to meet these provisions in State Law, HCD provided comments requiring the City to revise Housing Program 1 (Land Use Policy, Entitlements, and Development Capacity (Shortfall Program)) (Attachment 3) to explicitly include these provisions in the City’s Zoning Code. As such, the revised Housing Program 1 stipulates that the City will approve a Zoning Code Amendment to ensure that the rezoned sites identified in the Housing Sites Inventory (Table B) are consistent with the requirements of State law. The Housing Program includes a deadline of May 2023 to complete the Zoning Code Amendment.
In accordance with Housing Program 1 and State law, staff has prepared an ordinance (Attachment 1-Exhibit A) that includes the following requirements for the rezone sites listed in Table B of the Housing Sites Inventory:
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1. The site shall permit at least 16 units;
2. The minimum residential density is 20 dwelling units per net acre;
3. Residential uses must occupy at least 50 percent of the total gross floor area of a mixed-use development;
4. Owner-occupied and rental multifamily residential uses are permitted by right and do not require a discretionary review or approval for residential developments in which 20 percent or more of the units are affordable to low or very-low income households (income and affordability levels set forth in Sections 50079.5, 50093, and 50105 of the Health and Safety Code shall apply); and
5. An applicant for a project under this Section may apply for a density bonus in accordance with Government Code Section 65915 and Zoning Code Chapter 9.152.”
The Planning Commission reviewed the draft Ordinance at a public hearing on April 6, 2023. The Commission adopted a resolution recommending approval of the Ordinance by the City Council (Attachment 2).
ENVIRONMENTAL REVIEW:
Staff is recommending that the Planning Commission find that Zoning Code Amendment 03-23-5611 (the Amendment) is not subject to the California Environmental Quality Act (“CEQA”) for several separate and independent reasons. First, approval of the Amendment is not subject to CEQA because it does not constitute a discretionary project subject to CEQA. To the contrary, Government Code section 65583.2, subdivisions (h) and (i) requires the City to comply with specific regulations applicable to housing developments on sites identified in the City’s Housing Element Sites Inventory (Appendix A of the Housing Element), and the Amendment merely codifies this requirement in its Zoning Code. The City lacks discretion to deviate from the terms set forth in Government Code section 65583.2, subdivisions (h) and (i) as set forth in the Amendment, and the approval of the Amendment is thus not subject to CEQA. (See State CEQA Guidelines, § 15060(c)(1) [activity that does not involve exercise of discretionary power by a public agency not subject to CEQA]).
Second, approval of the Amendment is exempt from CEQA under State CEQA Guidelines section 15061(b)(3), which exempts projects from CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Here, there is no possibility that the Amendment may have a significant effect on the environment because it merely Item: 13
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2 5
7 3
amends the Zoning Code to be consistent with Government Code section 65583.2, subdivisions (h) and (i), which is already binding on the City.
PUBLIC NOTICING:
In accordance with the requirements of Section 9.184.040(C)(2) of the Municipal Code of the City of Lake Forest, this project has been noticed in a newspaper of general circulation on April 20, 2023. In addition, on April 20, 2023, the public notice was posted at City Hall.
FISCAL IMPACT:
There is no fiscal impact related to the recommended actions.
ATTACHMENTS:
1. Draft Ordinance
2. PC Resolution (excluding Exhibit A)
3. Housing Element Site Inventory (tables only)
4. Housing Program 1 from Adopted Housing Element
Initiated By: Jennifer Mansur, AICP, Senior Planner
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
Item: 13
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Attachment 1
Item: 13
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1 ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF LAKE FOREST,
CALIFORNIA, ADDING CHAPTER 9.151 TO THE LAKE
FOREST MUNICIPAL CODE TO ESTABLISH
REGULATIONS FOR HOUSING DEVELOPMENTS ON
SITES IDENTIFIED IN THE CITY’S HOUSING ELEMENT
SITES INVENTORY AND FINDING THE ACTION TO BE
EXEMPT FROM CEQA UNDER STATE CEQA
GUIDELINES SECTIONS 15060(c)(1) AND 15061(b)(3)
WHEREAS, the 2021–2029 (6 th cycle) Lake Forest Housing Element (“Housing Element”) was approved by the City Council on January 6, 2023, and was certified by the California Housing and Community Development Department (“HCD”) on February 24, 2023; and
WHEREAS, the Housing Element includes Housing Program 1: Land Use , Policy, Entitlements, and Development Capacity (Shortfall Program), which requires, in part, that the City amend its Zoning Code to reflect statutory regulations in Government Code section 65583.2, subdivisions (h) and (i), that apply to housing development on sites identified in Table B of the Housing Element Sites Inventory (Appendix A of the Housing Element); and
WHEREAS, the City initiated Zoning Code Amendment 03-23-5611 to add a new chapter to Title 9 of the Lake Forest Municipal Code to codify the statutory regulations that apply to housing development on sites identified in Table B of the Housing Element Sites Inventory; and
WHEREAS, on March 23, 2023, the City gave public notice of the public hearing for Zoning Code Amendment 03-23-5611 by publishing the required notice in a newspaper of general circulation and posting the notice at City Hall; and WHEREAS, on March 24, 2023, the Director of Community Development made the draft ordinance available for public inspection in the Department of Community Development offices and supplied it at cost to all persons desiring a copy, at least ten days before a scheduled Planning Commission public hearing date in accordance with Section 9.196.020 of the Municipal Code; and WHEREAS, on April 6, 2022, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Code Amendment 03-23-5611 and adopted a resolution recommending that the City Council adopt Zoning Code Amendment 03-23-5611; and
Item: 13
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2 WHEREAS, on April 20, 2023, the City gave public notice of the public hearing for Zoning Code Amendment 03-23-5611 by publishing the required notice in a newspaper of general circulation and posting the notice at City Hall; and WHEREAS, on April 26, 2023, the City Clerk made the ordinance and all relevant documents available for public inspection in the City Clerk’s office, at least five days before the scheduled City Council public-hearing date in accordance with Section 9.196.020 of the LFMC; and
WHEREAS, on May 2, 2023, the City Council held a noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Code Amendment 03-23-5611; and
WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the Recitals above are true and correct and incorporated herein.
SECTION 2.CEQA. The City Council finds that Zoning Code Amendment 03-23-5611 (the Amendment) is not subject to the California Environmental Quality Act (CEQA) for several separate and independent reasons.
First, approval of the Amendment is not subject to CEQA because it does not constitute a discretionary project subject to CEQA. To the contrary, Government Code section 65583.2, subdivisions (h) and (i) requires the City to comply with specific regulations applicable to housing developments on sites identified in the City’s Housing Element Sites Inventory (Appendix A of the Housing Element), and the Amendment merely codifies this requirement in its Zoning Code. The City lacks discretion to deviate from the terms set forth in Government Code section 65583.2, subdivisions (h) and (i) as set forth in the Amendment, and the approval of the Amendment is thus not subject to CEQA. (See State CEQA Guidelines, § 15060(c)(1) [activity that does not involve exercise of discretionary power by a public agency not subject to CEQA].) Second, approval of the Amendment is exempt from CEQA under State CEQA Guidelines section 15061(b)(3), which exempts projects from CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Here, there is no possibility that the Amendment may have a significant effect on the environment because it merely amends the Zoning Code to be consistent with Government Code section 65583.2, subdivisions (h) and (i), Item: 13
260
3 which is already binding on the City.
SECTION 3. General Plan. Based on the entire record before the City Council, and all written and oral evidence presented, the City Council hereby finds and determines that Zoning Code Amendment 03-23-5611 is consistent with the City’s adopted General Plan. The purpose of this ordinance is to ensure that the City’s code expressly reflects statutory requirements that are intended to incentivize multifamily residential development and encourage affordable housing.
The City’s adopted 2021-2029 (6 th cycle) Housing Element Goal 1 encourages adequate housing to meet the existing and future needs of Lake Forest residents.
The policies associated with this goal promote residential development to accommodate the City’s unmet Regional Housing Needs Assessment (RHNA) allocation and encourage affordable housing. Furthermore, Program 1 of the Housing Element (Land Use Policy, Entitlements, and Development Capacity (Shortfall Program)) specifically requires the City to adopt a Zoning Code Amendment to ensure that any site listed in Table B of the Housing Element Sites Inventory are subject to the applicable regulations of Government Code Section 65583.2 subdivisions (h) and (i). This ordinance is the zoning code amendment referred to in Program 1.
SECTION 4. Definition. The following definitions are hereby added to Section 9.04.030 of Title 9 of the Lake Forest Municipal Code to read as follows:
“Housing Element Sites Inventory: The list of Lake Forest sites in Tables A and B in Appendix A of the adopted City of Lake Forest’s 2021-2029 Housing Element.”
Rezone Sites: Sites identified in Table B of the Housing Element Sites Inventory. These sites were identified by the City to be re-zoned to allow residential uses to accommodate its remaining RHNA.
SECTION 5. New Chapter 9.151. Chapter 9.151 is hereby added to Title 9 of the Lake Forest Municipal Code and shall read in its entirety as follows:
“Chapter 9.151 Housing Element Sites Inventory Regulations
9.151.010 Purpose
A. Purpose. The purpose of Chapter 9.151 is to codify in the City’s municipal code the statutory requirements found in California Government Code section 65583.2 that apply to rezone sites identified in Table B of the City of Lake Forest’s Housing Element Sites Inventory. The Housing Element Item: 13
261
4 Site Inventory includes a list of potential sites to accommodate a portion of the City’s unmet Regional Housing Needs Allocation, or RHNA.
B. Applicability. This chapter applies to residential development on a rezone site.
C. Relationship to Other Regulations. Residential development on a rezone site must also comply with applicable Zoning Code requirements, including but not limited to applicable development standards and objective design standards. Where there is a conflict between the requirements in the Zoning Code and this chapter, the provisions of this chapter apply.
9.151.20 Housing Element Sites Inventory Regulations
A. Residential development on a rezone site shall comply with the following regulations:
1. The site shall permit at least 16 units;
2. The minimum residential density is 20 dwelling units per net acre;
3. Residential uses must occupy at least 50 percent of the total gross floor area of a mixed-use development;
4. Owner-occupied and rental multifamily residential uses are permitted by right and do not require a discretionary review or approval for residential developments in which 20 percent or more of the units are affordable to low or very-low income households (income and affordability levels set forth in Sections 50079.5, 50093, and 50105 of the Health and Safety Code shall apply); and
5. An applicant for a project under this Section may apply for a density bonus in accordance with Government Code Section 65915 and Zoning Code Chapter 9.152.”
SECTION 6. Effective Date. This ordinance takes effect 30 days following its adoption.
SECTION 7.Severability. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.
SECTION 8.Certification. The City Clerk is directed to certify to the adoption of this ordinance and cause it, or a summary of it, to be published once Item: 13
262
5 within 15 days of adoption in a newspaper of general circulation available within the City of Lake Forest, and to post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk in accordance with California Government Code section 36933.
Section 9. Record of Proceedings. The documents and materials that constitute the record of proceedings on which this ordinance and the above findings are located at the City Clerk’s office at 100 Civic Center Drive, Lake Forest, CA 92630.
PASSED, APPROVED AND ADOPTED this _____ day of _____________ 2023.
DOUG CIRBO, MAYOR
ATTEST:
LISA BERGLUND, MPA
CITY CLERK
APPROVED AS TO FORM:
MATTHEW E. RICHARDSON
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, do hereby certify that the foregoing Ordinance No. _______ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ___ day of ________, 2023, and thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the ___ day of _____ 2023, by the following vote, to wit:
Item: 13
263
6 AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
LISA BERGLUND
CITY CLERK
Item: 13
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Attachment 2
Item: 13
265
Item: 13
266
Item: 13
267
Item: 13
268
Item: 13
269
Attachment 3
Item: 13
270
Appendix A: Site
Inventory
Certified February 24, 2023
Item: 13
271
Please Start Here, Instructions in Cell A2,
Table in A3:B15 Form Fields
Site Inventory Forms must be submitted to
HCD for a housing element or amendment
adopted on or after January 1, 2021. The
following form is to be used for satisfying
this requirement. To submit the form,
complete the Excel spreadsheet and submit
to HCD at [email protected].
Please send the Excel workbook, not a
scanned or PDF copy of the tables.
General Information
Jurisidiction Name LAKE FOREST
Housing Element Cycle 6th
Contact Information
First Name Gayle
Last Name
Title
Ackerman
of Community Deve
[email protected]
(949) 461-3463
Email
Phone
Mailing Address
Street Address Drive
Lake Forest
92630
City
Zip Code
City of Lake Forest 2021‐2029 Housing Element Appendix A ‐ Site Inventory Item: 13
272
Table A: Housing Element Sites Inventory, Table Starts in Cell A2 Zoning
Designation
(Current)
Site 5 Digit ZIP
Code
Assessor Parcel Consolidated
Number Sites
General Plan
Designation (Current)
Minimum Density
Allowed (units/acre) Allowed (units/acre)
Max Density Existing
Use/Vacancy
Lower Income
Capacity
Moderate
Income Capacity Income Capacity
Above Moderate Optional
Information1
Optional
Information2
Optional
Information3Jurisdiction Name Parcel Size (Acres) Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s) Total CapacityAddress/Intersection
LAKE FOREST
LAKE FOREST
23572 PROTHERO
23139 LOS ALISOS BLVD
92630 617‐064‐18
92630 613‐351‐05
LOW‐MEDIUM DENSITY RER2 ‐ Multifamily Dwelli
MEDIUM DENSITY RESIDENR2 ‐ Multifamily Dwelli
7 15
15 25
0.630937691 Vacant
33.91936634 Residential, 304
YES ‐ Current
YES ‐ Current
NO ‐ Privately‐Owned
NO ‐ Privately‐Owned
Available
Available
8 187
8 374
36 Low Resource
37 Moderate Resource187
City of Lake Forest 2021‐2029 Housing Element Appendix A ‐ Site Inventory Item: 13
273
Table B: Candidate Sites Identified to be Rezoned to Accommodate Shortfall Housing Need, Table Starts in Cell A2 Proposed
General Plan
(GP)
Above
Moderate-
Income
Minimum
Density
Allowed
Description
of Existing
Uses
Jurisdiction
Name
Assessor
Parcel Number
Very Low-
Income
Moderate-
Income
Type of Shortfall Parcel Size
(Acres)
Current General Plan
Designation
Proposed
Zoning
Maximum
Density Allowed
Vacant/
Nonvacant
Optional Optional OptionalSite Address/Intersection 5 Digit ZIP Code Low-Income Current Zoning Total Capacity Information1 Information2 Information3 Designation
LAKE FOREST23861 EL TORO RD
LAKE FOREST23862 BRIDGER RD
LAKE FOREST23861 EL TORO RD
LAKE FOREST23782 BRIDGER RD
LAKE FOREST23831 EL TORO RD
LAKE FORESTMERCURY RD & ROCKFIELD BLVD
LAKE FOREST23764 MERCURY RD
LAKE FOREST23591 ROCKFIELD BLVD
LAKE FOREST23581 ROCKFIELD BLVD
LAKE FOREST22821 ASPAN ST
LAKE FOREST22762 ASPAN ST
LAKE FOREST22771 CENTRE DR
LAKE FORESTASPAN ST & CENTRE DR
LAKE FOREST22681 LAKE FOREST DR
LAKE FOREST22471 ASPAN ST
LAKE FOREST20780 LAKE FOREST DR C
LAKE FOREST20768 LAKE FOREST DR
LAKE FOREST20761 LAKE FOREST DR
LAKE FOREST20722 LAKE FOREST DR
LAKE FOREST20702 LAKE FOREST DR
LAKE FOREST20652 LAKE FOREST DR
LAKE FOREST20651 LAKE FOREST DR
LAKE FOREST20671 LAKE FOREST DR
LAKE FOREST26672 TOWNE CENTRE DR
LAKE FOREST26642 TOWNE CENTRE DR
LAKE FOREST26632 TOWNE CENTRE DR
LAKE FOREST26622 TOWNE CENTRE DR
LAKE FOREST26612 TOWNE CENTRE DR
LAKE FOREST26592 TOWNE CENTRE DR
LAKE FOREST26582 TOWNE CENTRE DR
LAKE FOREST26572 TOWNE CENTRE DR
LAKE FOREST26602 TOWNE CENTRE DR
LAKE FOREST26526 TOWNE CENTRE DR
LAKE FOREST24288 SWARTZ DR 1
LAKE FOREST24392 ROCKFIELD BLVD
LAKE FOREST22722 CENTRE DR
92630 617-053-09 12
12 8
31 81
20 40
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16 42
11 21
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Shortfall of Sites
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25 25
25 25
25 25
25 25
25 25
25 25
25 25
25 25
25 25
27 Non-Vacant
27 Non-Vacant
18 Non-Vacant
68 Non-Vacant
176 Non-Vacant
44 Non-Vacant
87 Non-Vacant
17 Non-Vacant
20 Non-Vacant
30 Non-Vacant
25 Non-Vacant
73 Non-Vacant
48 Non-Vacant
168 Non-Vacant
28 Non-Vacant
14 Non-Vacant
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26 Non-Vacant
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10 Non-Vacant
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81 Non-Vacant
79 Non-Vacant
74 Non-Vacant
24 Non-Vacant
46 Non-Vacant
26 Non-Vacant
25 Non-Vacant
12 Non-Vacant
342 Non-Vacant
21 Non-Vacant
129 Non-Vacant
192 Non-Vacant
28 Non-Vacant
15 Non-Vacant
12 Non-Vacant
16 Non-Vacant
11 Non-Vacant
23 Non-Vacant
27 Non-Vacant
12 Non-Vacant
41 Non-Vacant
51 Non-Vacant
19 Non-Vacant
11 Non-Vacant
42 Non-Vacant
18 Non-Vacant
24 Non-Vacant
14 Non-Vacant
17 Non-Vacant
26 Non-Vacant
34 Non-Vacant
30 Non-Vacant
14 Non-Vacant
42 Non-Vacant
28 Non-Vacant
60 Non-Vacant
37 Non-Vacant
29 Non-Vacant
34 Non-Vacant
11 Non-Vacant
15 Non-Vacant
16 Non-Vacant
Underutilized c
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1 2
3 4
5 6
7 8
9 Low Resource El Toro
Low Resource El Toro
Low Resource El Toro
Low Resource El Toro
92630 617-053-10
92630 617-053-02
92630 617-053-03
92630 617-053-11
92630 617-474-16
92630 617-474-10
92630 617-431-06
92630 617-431-07
92630 617-433-03
92630 617-433-04
92630 617-431-02
92630 617-433-08
92630 617-493-01
92630 617-491-04
92630 613-621-16
92630 613-621-17
92630 613-622-09
92630 613-621-12
92630 613-621-10
92630 613-621-11
92630 613-623-02
92630 613-623-01
92610 612-093-34
92610 612-093-33
92610 612-093-32
92610 612-093-26
92610 612-093-27
92610 612-093-25
92610 612-093-16
92610 612-093-30
92610 612-093-13
92610 612-093-31
92630 617-501-01
92630 617-501-04
92630 617-432-03
92630 617-432-18
92630 617-432-19
92630 617-432-14
92630 617-432-25
92630 617-432-13
92630 617-432-09
92630 617-241-57
92630 613-374-08
92630 613-371-01
92630 613-361-03
92630 613-372-05
92630 613-372-02
92630 613-372-01
92630 613-373-06
92630 613-373-03
92630 613-373-02
92630 613-373-01
92630 613-362-04
92630 613-362-02
92630 104-132-78
92630 610-332-07
92630 610-332-04
92630 610-332-09
92630 610-332-08
92630 104-132-79
92630 610-151-29
92630 610-301-24
92630 610-301-29
92630 610-301-31
92630 610-301-13
92630 610-301-22
92630 610-301-23
92630 610-301-11
92630 610-301-16
92630 610-301-17
92630 610-301-18
92630 613-821-04
Low Resource El Toro
Low Resource Lake Forest Dr
Low Resource Lake Forest Dr
Low Resource Lake Forest Dr
Low Resource Lake Forest Dr
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
MIXED-USE 43MU-43
MIXED-USE 43MU-43
MIXED-USE 43MU-43
MIXED-USE 43MU-43
MIXED-USE 43MU-43
MIXED-USE 43MU-43
9 14
12 34
22 77
13 6
9 12
6 10 Low Resource Lake Forest Dr
11 Low Resource Lake Forest Dr
12 Low Resource Lake Forest Dr
13 Low Resource Lake Forest Dr
14 Low Resource Lake Forest Dr
15 Low Resource Lake Forest Dr
16 Moderate ResouCivic Center
17 Moderate ResouCivic Center
18 High Resource Civic Center
19 Moderate ResouCivic Center
20 Moderate ResouCivic Center
21 Moderate ResouCivic Center
22 High Resource Civic Center
23 High Resource Civic Center
24 High Resource Foothill Ranch
25 High Resource Foothill Ranch
26 High Resource Foothill Ranch
27 High Resource Foothill Ranch
28 High Resource Foothill Ranch
29 High Resource Foothill Ranch
30 High Resource Foothill Ranch
31 High Resource Foothill Ranch
32 High Resource Foothill Ranch
33 High Resource Foothill Ranch
34 Low Resource El Toro
Community CommercMIXED-USE 43MU-43
Industrial Park MIXED-USE 43MU-43
Community CommercMIXED-USE 32MU-32
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Community CommercMIXED-USE 32MU-32
Community CommercMIXED-USE 32MU-32
Community CommercMIXED-USE 32MU-32
Community CommercMIXED-USE 32MU-32
Community CommercMIXED-USE 43MU-43
Community CommercMIXED-USE 43MU-43
Community CommercMIXED-USE 43MU-43
Community CommercMIXED-USE 43MU-43
Community CommercMIXED-USE 43MU-43
Community CommercMIXED-USE 43MU-43
Community CommercMIXED-USE 43MU-43
Community CommercMIXED-USE 43MU-43
Community CommercMIXED-USE 43MU-43
Community CommercMIXED-USE 43MU-43
Community CommercMIXED-USE 43MU-43
Community CommercMIXED-USE 43MU-43
8 4
10 5
3 16
8 5
12 37
36 34
11 21
12 12
6 157
10 59
88 13
7 8
24 24
22 7
14 8
6 3
8 4
82 5
31 46
7 4
3 4
3 6
6 3
10 12
5 3
10 4
6 3
4 6
8 7
0 0
0 0
0 0
0 0
0 0
103
6 39
58 8
5 4
5 3
7 8
4 12
15 6
3 13
5 1.019581701 MIXED-USE 43
6.153220763 MIXED-USE 43
9.161718949 MIXED-USE 43
1.326328663 MIXED-USE 43
0.738090139 MIXED-USE 43
0.589382745 MIXED-USE 43
0.742447552 MIXED-USE 43
0.510942448 MIXED-USE 43
35 Low Resource El Toro
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Industrial Park
Light Industrial
Light Industrial
Light Industrial
Light Industrial
Light Industrial
Open Space
Light Industrial
Light Industrial
Light Industrial
Light Industrial
Light Industrial
Light Industrial
Light Industrial
Light Industrial
Light Industrial
Light Industrial
Light Industrial
Light Industrial
MIXED-USE 43MU-43
MIXED-USE 43MU-43
MIXED-USE 43MU-43
MIXED-USE 43MU-43
MIXED-USE 43MU-43
MIXED-USE 43MU-43
MIXED-USE 43MU-43
URBAN INDUSUI-43
URBAN INDUSUI-43
URBAN INDUSUI-43
URBAN INDUSUI-43
URBAN INDUSUI-43
URBAN INDUSUI-43
URBAN INDUSUI-43
URBAN INDUSUI-43
URBAN INDUSUI-43
URBAN INDUSUI-43
URBAN INDUSUI-43
URBAN INDUSUI-43
URBAN INDUSUI-43
URBAN INDUSUI-25
URBAN INDUSUI-25
URBAN INDUSUI-25
URBAN INDUSUI-25
URBAN INDUSUI-25
URBAN INDUSUI-25
URBAN INDUSUI-25
URBAN INDUSUI-25
URBAN INDUSUI-25
URBAN INDUSUI-25
URBAN INDUSUI-25
URBAN INDUSUI-25
URBAN INDUSUI-25
URBAN INDUSUI-25
URBAN INDUSUI-25
URBAN INDUSUI-25
URBAN INDUSUI-25
URBAN INDUSUI-25
38 Low Resource Lake Forest Dr
39 Low Resource Lake Forest Dr
40 Low Resource Lake Forest Dr
41 Low Resource Lake Forest Dr
42 Low Resource Lake Forest Dr
43 Low Resource Lake Forest Dr
44 Low Resource Lake Forest Dr
45 Low Resource Industrial/Rail
46 Moderate ResouIndustrial/Rail
47 Moderate ResouIndustrial/Rail
48 Moderate ResouIndustrial/Rail
49 Moderate ResouIndustrial/Rail
50 Moderate ResouIndustrial/Rail
51 Moderate ResouIndustrial/Rail
52 Moderate ResouIndustrial/Rail
53 Moderate ResouIndustrial/Rail
54 Moderate ResouIndustrial/Rail
55 Moderate ResouIndustrial/Rail
56 Moderate ResouIndustrial/Rail
57 Moderate ResouIndustrial/Rail
58 High Resource Civic Center
59 High Resource Civic Center
60 High Resource Civic Center
61 High Resource Civic Center
62 High Resource Civic Center
63 High Resource Civic Center
64 High Resource Civic Center
65 High Resource Civic Center
66 High Resource Civic Center
67 High Resource Civic Center
68 High Resource Civic Center
69 High Resource Civic Center
70 High Resource Civic Center
71 High Resource Civic Center
72 High Resource Civic Center
73 High Resource Civic Center
74 High Resource Civic Center
75 High Resource Civic Center
LAKE FOREST22765 ASPAN ST
LAKE FOREST22741 ASPAN ST 6
7 5
LAKE FOREST22859 LAKE FOREST DR
LAKE FOREST22865 LAKE FOREST DR
LAKE FOREST22855 LAKE FOREST DR
LAKE FOREST22831 LAKE FOREST DR
LAKE FORESTORANGE AVE & WHISLER DR
LAKE FOREST25142 FRONT ST
LAKE FOREST23131 ORANGE AVE
LAKE FOREST23081 ORANGE AVE A
LAKE FOREST25101 FRONT ST
11 12
6 19
23 9
5 19
8 11
6 8
12 16
14 0
0 0
0 0
0 0
0 0
1.07768409 MIXED-USE 43
1.304262211 MIXED-USE 43
0.591088064 URBAN INDUSTRIAL 43
1.960023625 URBAN INDUSTRIAL 43
2.43740836 URBAN INDUSTRIAL 43
0.917284252 URBAN INDUSTRIAL 43
0.506062432 URBAN INDUSTRIAL 43
1.981549095 URBAN INDUSTRIAL 43
0.844433033 URBAN INDUSTRIAL 43
1.166339659 URBAN INDUSTRIAL 43
0.651443735 URBAN INDUSTRIAL 43
0.82959032 URBAN INDUSTRIAL 43
1.218513428 URBAN INDUSTRIAL 43
1.641492507 URBAN INDUSTRIAL 43
1.437847034 URBAN INDUSTRIAL 43
1.192169857 URBAN INDUSTRIAL 25
3.464594704 URBAN INDUSTRIAL 25
2.329840458 URBAN INDUSTRIAL 25
4.964294627 URBAN INDUSTRIAL 25
3.088663236 URBAN INDUSTRIAL 25
2.383955339 URBAN INDUSTRIAL 25
2.872984571 URBAN INDUSTRIAL 25
0.900152383 URBAN INDUSTRIAL 25
1.218441897 URBAN INDUSTRIAL 25
1.298525214 URBAN INDUSTRIAL 25
0.71561155 URBAN INDUSTRIAL 25
0.697844104 URBAN INDUSTRIAL 25
0.749709659 URBAN INDUSTRIAL 25
1.259701242 URBAN INDUSTRIAL 25
0.711370225 URBAN INDUSTRIAL 25
1.544583418 URBAN INDUSTRIAL 25
1.400052107 URBAN INDUSTRIAL 25
4.493663549 URBAN INDUSTRIAL 25
LAKE FOREST23132 ORANGE AVE
LAKE FOREST23132 ORANGE AVE
LAKE FOREST23222 OLIVE AVE 7
4 5
8 LAKE FORESTCHERRY AVE & FRONT ST
LAKE FORESTOLIVE AVE & FRONT ST
LAKE FOREST23271 CHERRY AVE
LAKE FOREST23211 CHERRY AVE
LAKE FOREST25312 JERONIMO RD
LAKE FOREST20772 CIVIC CENTER DR
LAKE FOREST20712 CIVIC CENTER DR
LAKE FORESTINDIAN OCEAN DR & COMMERCENTRE DR
LAKE FOREST20602 CIVIC CENTER DR
LAKE FOREST26000 COMMERCENTRE DR
LAKE FORESTINDIAN OCEAN DR & COMMERCENTRE DR
LAKE FOREST20941 CANADA RD
LAKE FOREST20845 CANADA RD
LAKE FOREST20762 LINEAR LN
LAKE FOREST20792 CANADA RD
LAKE FOREST20742 LINEAR LN
LAKE FOREST20722 LINEAR LN
LAKE FOREST20702 LINEAR LN
LAKE FOREST26212 DIMENSION DR
LAKE FOREST20781 CANADA RD
LAKE FOREST20761 CANADA RD
10 9
7 21
14 30
19 15
17 6
8 8
5 4
5 8
5 10
9 21 Shortfall of Sites
14 Shortfall of Sites
30 Shortfall of Sites
19 Shortfall of Sites
15 Shortfall of Sites
17 Shortfall of Sites
6 8
8 5
4 5
8 5
Shortfall of Sites
Shortfall of Sites
Shortfall of Sites
Shortfall of Sites
Shortfall of Sites
Shortfall of Sites
Shortfall of Sites
Shortfall of Sites
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
9 8
9 Non-Vacant
Non-Vacant
Non-Vacant
15 Non-Vacant
Non-Vacant9
10 Shortfall of Sites
Shortfall of Sites
27 Shortfall of Sites
19 Non-Vacant
17 Non-Vacant
54 Non-Vacant
LAKE FOREST26242 DIMENSION DR
LAKE FOREST20700 CANADA RD
9 0 27
City of Lake Forest 2021‐2029 Housing Element Appendix A ‐ Site Inventory Item: 13
274
Table C: Land Use, Table Starts in A2
Zoning Designation
(From Table A, Column G) General Land Uses Allowed
Multifamily dwellings; single‐family
dwellings; modiblehome developments;
residential condominiums; residential
planned (unit) developments.R2 Multifamily
City of Lake Forest 2021‐2029 Housing Element Appendix A ‐ Site Inventory Item: 13
275
Suitability of Nonvacant Sites | City of Lake Forest 6th Cycle RHNA Map
Redevelopment Trends Present
Expressed PropertyDemand for
Current Use
Discontinuation
of Office (Work
from Home)
Opportunity for
Infill (Keep Existing
Uses)
Site Characteristics (Low Utilization/
Signs of DeferredAddress APN Specific Description of Uses Known Vacancies/For Rent Oversupply of Retail
Vacancies/For
Rent/For SaleReference Parking (including Low Lot Coverage (Less than 50%)Owner Interest Ingress/Egress Issuesoccupancy trends) Maintenance Commercial use, 7‐story multi‐tenant office building. Saddleback Executive Suites. Former Chase Bank on bottom floor (listed as "permanently closed" on Google) with suites above. Street access from El Toro Road and driveway to back entrance and large parking lot. Not currently listed for lease or sale on Loopnet. X X X X X X 23861 EL TORO RD 1 617‐053‐09 https://www.loopnet.com/Listing/23861‐El‐Toro‐Rd‐Lake‐Forest‐CA/11282809/. Large angled parking lot. Likely, but unconfirmed Commercial use, 1 story restaurant/bar (occupied by The Pub) and parking lot. Connected to fast‐food (Arby's) with a drive‐thru. Small enclosed outside patio. Small/Medium parking lot as part of a larger 617‐053‐10 parking lot (connects to 23861 El Toro Rd)
617‐053‐02 Parking lot and drive‐thru ATM (Chase). Angled parking used for 23861 El Toro Rd Commercial/light industrial use, 1 story nursery (Green Thumb Nursery). Small building footprint, larger storage and dirt/gravel plant area with plants for sale, pallets/soil/groundcover and loading/unloading area. 2 in/out driveways along Bridger Rd and 1 loading/unloading driveway. No sidewalk along Bridger Rd (paved 617‐053‐03 sidewalk north and south of site terminates
Moderate
X
X
X
X
X X
X
23862 BRIDGER RD
23861 EL TORO RD
2 3
Low
Moderate X X
X X
23782 BRIDGER RD 4 Low
Multi‐tenant commercial use shopping mall and parking lot. Lake Forest Marketplace shopping center. Big box retailers (99 Cent Store, Guitar Center, Harbor Freight), Bank of America, smaller restaurants & retail (T‐ shirts Plus, Cigar Bar, etc.). Large parking lot with multiple access driveways, parking aisles, a Del Taco drive‐ thru. Three (3) units for lease (16,838 SF of retail at 23783‐23811 El Toro Rd) ‐ X
X
X
X
X
X
X
X
X
X
X
X
X
23831 EL TORO RD 5
6 617‐053‐11 https://www.loopnet.com/Listing/23783‐23811‐El‐Toro‐Rd‐Lake‐Forest‐CA/18001783/ Commercial use and medium/large parking lot. 1 story retail chains (Turner's Outdoorsman and Boot Barn).
Part of Rockfield Place shopping mall (along with Map Reference 7). Borders I‐5 freeway on western side. 617‐474‐16 Medium/large 90‐degree parking lot looks underutilized Commercial use and parking lot (Rockfield Showplace). 1 story retail (Salvation Army, restaurant, Leslie's Pool Supplies, massage, dentist) in a strip‐mall setting with medium/large 90‐degree parking lot, lot looks underutilized. Part of Rockfield Place shopping Mall (along with Map Reference 6). One (1) unit for lease (1,792 SF of retail at 23804) https://www.loopnet.com/Listing/23762‐23822‐Mercury‐Rd‐Lake‐Forest‐ 617‐474‐10 CA/12314921/
1‐story commercial use in strip‐mall setting. Rockfield Center. Enterprise Rent‐A‐Car and 5 other small retail/restaurants with a small 90‐degree parking lot with one aisle, two driveways (Rockefeller Blvd and 617‐431‐06 Centre Dr). Slightly unkempt.
Commercial/light industrial use car wash (Checkered Flag). Lots of pavement (loading/driveway/parking), enclosed automatic car wash and vacuums at parking stalls. Driveway shares entrance with Map Reference 617‐431‐07 8 (on Rockefeller Blvd)
Three units for lease Low
LowMERCURY RD & ROCKFIELD BLVD
23764 MERCURY RD 7
8 9
One unit for lease (23804) Low
Low
Low
X
X
X
23591 ROCKFIELD BLVD
23581 ROCKFIELD BLVD
X
1‐story commercial with small office/retail uses (fitness studio, trophy engravers, physical therapy, salon).
Part of Aspan Plaza neighborhood shopping center, medium size parking lot with multiple aisles, 90‐degree parking. Driveway access from Aspan St. two (2) units for lease (5,000 sf of retail) https://www.loopnet.com/Listing/22821‐Lake‐Forest‐Dr‐Lake‐Forest‐CA/11747867/. Shares parking lot 617‐433‐03 with Map Reference 11
1‐story commercial with small office/retail uses (acupuncture, pawn shop). Part of Aspan Plaza neighborhood shopping center, medium size parking lot with multiple aisles, 90‐degree parking. Driveway 617‐433‐04 access from Aspan St. Shares parking lot with Map Reference 10 X
X
X
X
X
Two units for lease (ste 109
and 206)22821 ASPAN ST 10 Low
X
X
22762 ASPAN ST
22771 CENTRE DR
11 12
See Map Reference 10 Low
Low
1‐story commercial with one tenant, bowling alley (Forest Lanes) with large parking lot that appears to be 617‐431‐02 severely underutilized X X
X
1‐story commercial with small office/retail uses (medical, real estate office, copy store, etc.). Part of Aspan Plaza neighborhood shopping center, medium size parking lot with multiple aisles, 90‐degree parking. one (1) unit for lease (500 sf of office/retail). https://www.loopnet.com/Listing/22706‐22762‐Aspan‐St‐Lake‐ 617‐433‐08 Forest‐CA/12854621/ One unit for lease (ste 703b) Low X
X
X
X X
X
X
X
X
ASPAN ST & CENTRE DR 13
1‐story, multi‐tenant commercial use shopping mall and large parking lot. Lake Forest Town Center. Retail big box (99 cent store) and chains (Pepboys, Wingstop, Jack in the Box with drive‐thru), with several smaller restaurant and retail uses. Six (6) units for lease (one large 6,225 sf that was former Mimi's Restaurant and five 1,000‐1,500 SF units) https://www.loopnet.com/Listing/22651‐22671‐Lake‐Forest‐Dr‐Lake‐Forest‐ 617‐493‐01 CA/12017031/
X
22681 LAKE FOREST DR
22471 ASPAN ST
14 15
6 units for lease Low
Low617‐491‐04 2 Story office building and parking lot. Aspan Office Center. Built in 1980s. X X
X
X
X
X1 story office/restaurant (Starbucks drive‐thru, veterinary, bakery, salon) and parking lot. One (1) unit for 20780 LAKE FOREST DR C 16 613‐621‐16 lease (1800 SF) https://www.loopnet.com/Listing/20770‐20780‐Lake‐Forest‐Dr‐Lake‐Forest‐CA/12171787/ 1 unit for lease Moderate/Mixed Low (Newer hotels
available)
Low
Low
Low
X X20768 LAKE FOREST DR
20761 LAKE FOREST DR
20722 LAKE FOREST DR
20702 LAKE FOREST DR
20652 LAKE FOREST DR
17 18
19 20
21 613‐621‐17 3‐story hotel use (Holiday Inn Express) and parking lot. 613‐622‐09 1 story retail/restaurant in strip‐mall setting 613‐621‐12 1 story self‐service car wash. 4 long loading driveways going into car wash bay. Parking and vacuums. 613‐621‐10 Multi‐tenant 1 story restaurant/auto repair uses in horseshoe‐shaped, strip‐mall setting. 613‐621‐11 1 story restaurant (Wienerschnitzel) with drive‐thru and parking lot.
X
X
X
X
X
X
X
X
X
X
Low X
1 story multi‐tenant mini‐mall (Foothill Retail Center). Liquor store, deli, salon, preschool and parking lot. 613‐623‐02 Main suite appears vacant (dark windows, no signage). 613‐623‐01 1 story corner restaurant/medical uses. In same parking lot as Map reference Number 22. 612‐093‐34 3 story office uses and parking lot
612‐093‐33 3 story office uses and parking lot
Possibly, at least one unit
appears vacant X
X
X
X
X20651 LAKE FOREST DR
20671 LAKE FOREST DR
22 23
24 25
26 27
28 29
30 Low
Low
Low
Low
X
X
X
X
X
X
X
X
X
X
X
26672 TOWNE CENTRE DR
26642 TOWNE CENTRE DR
26632 TOWNE CENTRE DR
26622 TOWNE CENTRE DR
26612 TOWNE CENTRE DR
26592 TOWNE CENTRE DR
26582 TOWNE CENTRE DR
X
X
X612‐093‐32 3 story office uses and parking lot. 3 office units for lease 3 units for lease Low X 612‐093‐26 1 story bank (Wells Fargo) (part of Foothill Ranch Towne Center, a large outdoor mall). 612‐093‐27 1 story multiple restaurants and large parking lot (part of Foothill Ranch Towne Center, a large outdoor 612‐093‐25 1 story freestanding restaurant (Miguel's) (part of Foothill Ranch Towne Center, a large outdoor mall). 612‐093‐16 1 story freestanding restaurant (Islands) (part of Foothill Ranch Towne Center, a large outdoor mall). 1 story freestanding restaurant (vacant, used to be Souplantation). Part of Foothill Ranch Towne Center. 612‐093‐30 For lease, 7,500 SF. https://www.loopnet.com/Listing/26572‐Towne‐Centre‐Dr‐Foothill‐Ranch‐ 612‐093‐13 Large 1 story cinema (Regal Cinemas) and parking lot (part of Foothill Ranch Towne Center) 612‐093‐31 Large 1 story restaurant/entertainment (Chuck E Cheese) and parking lot.
Large 1‐story, multi‐building, multi‐tenant retail/restaurant (Big 5 Sports, Tommy's, etc.) shopping mall and large parking lot. Built approx. 1980. Two (2) large (~6,000 SF) retail units for lease. 617‐501‐01 https://www.loopnet.com/Listing/24280‐24400‐Swartz‐Dr‐Lake‐Forest‐CA/19523509/ Large 1‐story, multi‐unit shopping mall (Sprouts, CVS, Ross) with smaller retail units (massage, clothing 617‐501‐04 store, etc and parking lot.
Moderate
Moderate
Moderate
Moderate
X
X
X
X X X
X
X
X
X26572 TOWNE CENTRE DR
26602 TOWNE CENTRE DR
26526 TOWNE CENTRE DR
31 32
33 Yes, vacant Moderate
Moderate
Moderate
X
X
X
X
X
X
X
X
X
X
24288 SWARTZ DR 1 34 2 units for lease Low
24392 ROCKFIELD BLVD
23572 PROTHERO
23139 LOS ALISOS BLVD
35 36
37 Low
Low
Moderate
617‐064‐18 Abandoned house with overgrown landscaping
613‐351‐05 Saddleback Ranch Apartments developed with 304 units X X
XX
1‐story commercial use in a strip mall setting. One larger banquet hall and 4 smaller retail/office (Avis Rent‐ 617‐432‐03 A‐Car, a pub, massage) with a small, one‐aisle parking lot and two driveway entrances on Centre Dr.
Commercial/light industrial (America's Tire). Alleyway on Aspan St borders northern section of site and 617‐432‐18 leads to other auto‐related uses (Map Reference Number 40), cars being repaired parked along alley.
Light industrial uses (auto repair shops). Accessed by alleyway on Aspan St. Cars being repaired parked 617‐432‐19 along alley.
X
X
X
X
X
X
22722 CENTRE DR
22765 ASPAN ST
38 39
Low
Low X X
XX
X
22741 ASPAN ST
22859 LAKE FOREST DR
22865 LAKE FOREST DR
40 41
42 Low
Very low
Very low
617‐432‐14 This property is a vacant Del Taco restaurant building. 617‐432‐25 This property is a vacant office building.
Vacant
Vacant
X
X
X
X
X
X
X
X
1 story retail/office/restaurant use (medical, cleaners, dentist, Subway). Sadleback Court shopping mall.
Small/Medium parking lot with multiple parking aisles. One (1) space for lease (1,189 sf retail) 617‐432‐13 https://www.loopnet.com/Listing/22855‐Lake‐Forest‐Dr‐Lake‐Forest‐CA/22572454/ 1 story retail with small wrap‐around parking lot. US Bank with drive‐thru and retail/office (chiropractic, 617‐432‐09 window treatment, employment agency).
617‐241‐57 2 story Towing and self‐storage
613‐374‐08 2 story self‐storage
613‐371‐01 1 story multi‐tenant auto repair/light industrial mini‐mall. One (1) unit for lease X X X
X
X
22855 LAKE FOREST DR 43 1 unit for lease
1 unit for lease
Low
X
X
22831 LAKE FOREST DR
ORANGE AVE & WHISLER DR
25142 FRONT ST
44 45
46 47
Low
Low
Low
Low
X X
X
X23131 ORANGE AVE X X X
Item: 13
276
Redevelopment Trends Present
Expressed PropertyMap
Reference
Demand for
Current Use
Discontinuation
of Office (Work
from Home)
Opportunity for
Infill (Keep Existing
Uses)
Site Characteristics (Low Utilization/
Signs of DeferredAddress APN Specific Description of Uses Known Vacancies/For Rent Oversupply of Retail
Vacancies/For
Rent/For Sale Parking (including Low Lot Coverage
(Less than 50%)Owner Interest Ingress/Egress Issuesoccupancy trends) Maintenance 23081 ORANGE AVE A
25101 FRONT ST
23132 ORANGE AVE
23132 ORANGE AVE
23222 OLIVE AVE
CHERRY AVE & FRONT ST
OLIVE AVE & FRONT ST
23271 CHERRY AVE
23211 CHERRY AVE
48 49
50 51
52 53
54 55
56 613‐361‐03 1 story multi‐tenant auto repair/light industrial 613‐372‐05 Tow yard/auto storage, fenced‐in
613‐372‐02 Industrial (Ganahl Lumber) parking and operations. 613‐372‐01 Industrial (Ganahl Lumber) parking and operations. 613‐373‐06 Industrial/storage (closed to public, storage containers visible) 613‐373‐03 Industrial/storage
613‐373‐02 Industrial/storage (Resource Building Materials) 613‐373‐01 Industrial/storage (Resource Building Materials) 613‐362‐04 1 story multi‐tenant auto repair and two aisle parking lot 1 story multi‐tenant commercial/light industrial (gym, wood and laminate showroom) with parking lot. One (1) unit for lease (3,400 sf @ 25302 Jeronimo Rd) https://www.loopnet.com/Listing/25302‐25332‐Jeronimo‐ 613‐362‐02 Rd‐Lake‐Forest‐CA/24105076/
Low
Low
Moderate
Moderate
Low
X
X
X
X
X
X
X
X
X
X
X
X
Low
Moderate
Moderate
Low X
X
X
X X
25312 JERONIMO RD 57 1 unit for lease Low
Large paved lot with vehicles and construction equipment, small office/vehicle storage, fenced‐in, occupied 104‐132‐78 by Sunstate Equipment (Construction Equipment Rentals & Tools) X X
X
X
X
X
20772 CIVIC CENTER DR
20712 CIVIC CENTER DR
INDIAN OCEAN DR & COMMERCENTRE
DR
58 59
Moderate
Moderate610‐332‐07 1 story freestanding industrial building and parking lot, landscaping near road. Secured parking lot. Vacant For lease Paved, fenced‐in industrial storage with hangers and equipment staging/storage, appears to be connected 610‐332‐04 to APN 610‐332‐09 and owned/operated by ARB Industrial (subsidiary of Primoris Services Corporation) 2 story industrial/warehousing building, narrow and long with bay doors on southern building face, paved with vehicle and semi‐truck parking, storage units/shipping containers, possibly some sort of fill up (gas) station. Connected to APN 610‐332‐04, appears to be owned by ARB Industrial (subsidiary of Primoris 610‐332‐09 Services Corporation)
1 story commercial/light industrial building, occupied by ARB Industrial (subsidiary of Primoris Services Corporation). Wraparound parking lot and landscaping occupy much of the site. Surrounded by business 610‐332‐08 park type uses.
60 Moderate
X
X
X
20602 CIVIC CENTER DR 61 Moderate
26000 COMMERCENTRE DR
INDIAN OCEAN DR & COMMERCENTRE
DR
62 63
Moderate
Moderate X104‐132‐79 (No street‐level view available). Undeveloped, easement with gravel access road underneath utility lines. (No street‐level view available). Self‐storage building occupied by American Mini Storage. Adjacent to residential uses on southern and western border, easement and industrial/warehousing uses on the 610‐151‐29 northern border, light industrial uses on eastern border. (No street‐level view available). 1 or 2 story office building in manufacturing/business park, occupied by 610‐301‐24 Camali Corp (engineering and IT company specializing in data centers) 1 or two story office/warehousing building with bay door, loading/unloading, storage and parking lot. 610‐301‐29 Occupied by All Seals (distributer of rubber parts) 2 story office/warehousing building and parking lot, solar panel covered parking. Occupied by Schmaze 610‐301‐31 Custom Coatings (paint/coating)
610‐301‐13 1 story office/manufacturing building and parking lot, occupied by AFAB Precision Machining 610‐301‐22 1 story office building and parking lot, possibly occupied by Wieser Educational Inc. 1 story office/manufacturing building and parking lot, occupied by Lyall Turbosonics, Inc. (product design 610‐301‐23 and injection molder of thermoplastics)
X X
X
20941 CANADA RD
20845 CANADA RD
20762 LINEAR LN
64 65
66 Low
X
X
X
Moderate
Moderate X
X
20792 CANADA RD
20742 LINEAR LN
20722 LINEAR LN
67 68
69 Moderate
Moderate
Moderate
X
X
X20702 LINEAR LN 70 Moderate
2 story multi‐tenant office/light industrial building with alleyway and bay doors behind it. Tenants include auto repair shop, other light industrial uses, marketing, accounting firm, etc. Possibly one‐two vacancies, X X
X X
26212 DIMENSION DR
20781 CANADA RD
20761 CANADA RD
71 72
73 610‐301‐11 high tenant turnover
1‐2 story light industrial building occupied by Carstar (auto body) and parking lot. Landscaping in between 610‐301‐16 building and street.
2‐3 story office/light manufacturing/warehousing building with paved shipping/receiving area and bay 610‐301‐17 doors in back
2 story multi‐tenant office/light industrial building with alleyway and bay doors behind it. Tenants include a gym, insurance agent, PT/sports rehab, kid's bounce house, etc. Possibly one‐two vacancies, high tenant 610‐301‐18 turnover
613‐821‐04 1‐2 story self‐storage with gate and fencing, landscaping alongside road.
Possibly but unconfirmed Moderate
Moderate
Moderate
X
X X
XX
X
26242 DIMENSION DR
20700 CANADA RD
74 75
Possibly but unconfirmed Moderate
Moderate
Item: 13
277
Attachment 4
Item: 13
278
City of Lake Forest GENERAL PLAN │ Adopted Housing Element Housing Plan │ Page 7
3 Cycle 6 Housing Element Programs
Lake Forest offers a variety of housing opportunities to meet the needs of the community and comply with state Housing Law. This section of the Housing Plan addresses the issues identified in the previous sections of the Element and provides a strategy to achieve the City’s housing goals. The housing programs designed to implement the City’s strategy are discussed in detail below.
The City has considered each program as it relates to affirmatively furthering fair housing. In addition to identifying the responsible agencies, funding sources, objectives, and timeframes for each program, the City has also identified the fair housing issue(s) and contributing factor(s) addressed by each program. For further information regarding fair housing issues and contributing factors in Lake Forest, see Section 6 of the Background Report.
PROVISION OF ADEQUATE HOUSING SITES TO ACHIEVE A VARIETY OF HOUSING TYPES AND
DENSITIES
A key element in satisfying the housing needs of all segments of the community is the provision of adequate sites for housing. This is an important function of both the General Plan and zoning.
Program 1: Land Use Policy, Entitlements, and Development Capacity (Shortfall Program) Planning and regulatory actions to achieve adequate housing sites are implemented through the Land Use Element, Zoning Code, and, in some instances, d evelopment agreements. These regulatory documents provide for a variety of residential development, ranging from lower- density single-family homes to higher - density apartments, condominiums, and mixed-use projects.
The City of Lake Forest received a RHNA allocation of 3,236 units for the 2021- 2029 RHNA period. After credits for constructed units (461) and approved/entitled units (976) are taken into consideration, the City of Lake Forest has a remaining 2021-2029 RHNA of 1,847 units, including 848 extremely/very low-income, 447 low-income, and 552 moderate-income units.
While the City adopted its new General Plan in 2020 which establishes new mixed-use focus areas which designate sufficient sites to accommodate the City’s remaining RHNA, and, as of the beginning of the planning period (October 15, 2021), the City had not yet adopted new zoning standards to implement the land use designations. Without the zoning in place at the beginning of the planning period, the City found that it currently has a shortfall of sites to accommodate its remaining RHNA and must commit to a program to rezone sufficient sites to accommodate its RHNA for all income levels.
In August 2022, the City completed the rezoning for all sites identified in Appendix A (Site Inventory) in accordance with the acreages, densities, and unit capacities identified therein. The new Zoning Map is available online and in person in accordance with transparency requirements.
By May 2023, the City will complete a Zoning Amendment, consistent with Government Code Section 65583, subdivision (c)(1) and 65583.2 subdivisions (h) and (i), to specifically require that sites rezoned to Item: 13
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City of Lake Forest GENERAL PLAN │ Adopted Housing Element Housing Plan │ Page 8
accommodate a portion of the City’s RHNA:
1. Permit owner-occupied and rental multifamily uses by right and not require a conditional use permit or other discretionary review or approval for developments in which 20 percent or more of the units are affordable to lower income households.
2. Permit the development of at least 16 units per site and a minimum of 20 dwelling units per acre;
3. For sites designated for mixed-use, allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project;
4. Ensure sites will be available for development during the planning period where water and sewer can be provided.
In the interim, the City shall fully implement all of the requirements of Government Code Section 65583, subdivision (c)(1) and 65583.2 subdivisions (h) and (i) for sites rezoned to accommodate a portion of the City’s RHNA and the City shall allow projects according to the proposed zoning identified in the sites inventory and not require applicants of proje cts at these sites to complete zoning or other amendments in order to implement the provisions of Government Code Section 65583, subdivision (c)(1) and 65583.2 subdivisions (h) and (i).
The residential sites inventory consists of approximately 159 acres of land designated in mixed- use areas which allow for residential development at densities greater than 30 du/ac, with the potential to yield at least 2,965 new units. These sites are located in areas adjacent to major transportation facilities and activity centers; the co-location of attainable/affordable housing choices near transportation facilities and goods and services will improve access to opportunity for all persons, especially lower income households and persons with special needs, including persons with disabilities.
The City has also identified 34.55 acres of underdeveloped residential uses (two sites) that could yield an additional 382 units affordable to moderate and above moderate income households. Also construction of new accessory dwelling units (ADUs) will also add to the City’s housing stock. Together, these resources have the capacity to accommodate at least 3,378 new units affordable to all income levels. These sites can accommodate the City’s remaining RHNA allocation for all income levels through year 2029. The City will maintain an inventory of sites with residential development potential and provide it to prospective residential developers upon request.
Responsible Agencies: Community Development Department
Funding Sources: General Fund
2021-2029 Objectives: Maintain and monitor the residential sites inventory to ensure sufficient sites remain to accommodate the RHNA allocation throughout the RHNA period. Receive and process development applications for residential projects. Rezone all sites identified in Appendix A consistent with the densities, acreages, and capacity levels identified in Appendix A.
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City of Lake Forest GENERAL PLAN │ Adopted Housing Element Housing Plan │ Page 9
Complete all rezoning pursuant to Government Code section 65583.2, subdivisions (h) and (i).
Timeframe: Complete all necessary rezoning by October 15, 2022; complete a Zoning Amendment by May 2023 to rezone sites identified in Appendix A consistent with the requirements of Government Code section 65583.2, subdivisions (h) and (i) and in the interim, fully adhere to the requirements of Government Code section 65583.2, subdivisions (h) and (i); annual monitoring and reporting throughout the planning period.
Fair Housing Issues
Addressed:
Segregation and Integration; Disparities in Access to Opportunity; Racially and Ethnically Concentrated Areas of Poverty/Affluence; Disparities in Access to Opportunity for Persons with Disabilities; Disproportionate Housing Needs, including Displacement Risks; Site Inventory Contributing Factors
Addressed:
Community Opposition; Lack of Community Revitalization Strategies; Lack of Private Investment in Specific Neighborhoods; Land Use and Zoning Laws; Location and Type of Affordable Housing; Impediments to Mobility; Lack of Opportunity Due to High Housing Costs; Access to Transportation for Persons with Disabilities; Availability of Affordable Units in a Range of Sizes; Location of Employers
Program 2: Monitor Residential Capacity (No Net Loss)
The City will monitor the depletion of residential acreage, and review proposed General Plan amendments, Zone Changes, and development projects, to ensure an adequate inventory is available to meet the City’s 2021-2029 RHNA obligations. To ensure sufficient residential development capacity is maintained to accommodate the City’s RHNA allocation, the City will develop and implement a formal ongoing (project-by- project) evaluation procedure pursuant to Government Code Section 65863 and will make the findings required by that code section if a site is proposed for development with fewer units or at a different income level(s) than shown in the Housing Element Site Inventory. Should an approval of development result in a reduction of residential development capacity below the capacity needed to accommodate the remaining need for lower-income, moderate-income, or above-moderate-income households, the City, and potentially the applicant (in accordance with State law), will identify and, if necessary, rezone sufficient sites within 180 days to accommodate the shortfall and ensure “no net loss” in capacity to accommodate the RHNA allocation, consistent with State law. Any rezoned site(s) will satisfy the adequate site requirements of Government Code Section 65583.2 and will be consistent with the City’s obligation to affirmatively further fair housing.
Responsible Agencies: Community Development Department
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/2/2023
DEPARTMENT: City Manager
SUBJECT:
STRATEGIC PLAN UPDATE
RECOMMENDED ACTION(S):
Receive a file a report from staff describing progress made on the City's Strategic Business Plan
EXECUTIVE SUMMARY:
On June 15, 2021, the City Council approved the City’s Strategic Business Plan covering Fiscal Years 2021-22 through 2027-28 (“Strategic Plan”). The Strategic Plan includes the major goals established by the City Council and a series of initiatives that facilitate progress towards each goal. The Strategic Plan’s Implementation Matrix includes 66 initiatives (Attachment 1). Each initiative has been assigned a lead department and a description of the funding source.
Each quarter, the City Manager’s Office provides an update to the City Council summarizing the progress made on the Strategic Plan during the preceding three months. This is the seventh quarterly report submitted to the City Council since the passage of the Strategic Plan in 2021. Since the Strategic Plan’s inception on June 15, 2021, the City has either started, made substantial progress towards completion, or completed 61 of the 66 initiatives (Attachment 2).
BACKGROUND:
The City’s Strategic Plan was approved on June 15, 2021. The Strategic Plan was developed through a comprehensive public engagement process that included residents, each commission, and the City Council. The Strategic Plan includes three major goals:
Goal A - Our livable City is well-planned, attractive, and safe.
Goal B – Our connected City is engaged, informed, and technologically current.
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Goal C – Our healthy City government is sustainable and well-run with committed people.
The Strategic Plan’s Implementation Matrix includes 66 initiatives that are assigned to one of the three goals. Each of these initiatives facilitate progress towards one of the goals.
DISCUSSION:
The City Manager’s Office administers the City’s Strategic Plan and periodically receives reports from departments to assess the progress made towards plan goals. Since the passage of the Strategic Plan on June 15, 2021, the City has either started, made substantial progress towards completing, or completed 61 of the 66 initiatives. The overall progress made on the Strategic Plan is illustrated in Attachment 1.
The City Manager’s Office has selected eight Strategic Plan initiatives to highlight for this quarterly report (Table 1).
Table 1: Year 2 Q3 Strategic Plan Quarterly Report
Initiative Description Update
SP#6 – Permit Parking
Software
Mobile app to efficiently
administer and enforce
permit parking while
improving resident
experience for annual
renewal and guest
passes.
The City implemented
new Data Ticket
software system to
efficiently process
parking tickets.
SP#26 – “Stay Safe
Lake Forest” Campaign
Continue public
education initiatives to
maintain a low crime rate
in the City such as Stay
Safe Lake Forest, a
series of community
seminars to educate
residents on crime
prevention/safety.
Various seminars
provided including
seminars related to
homelessness and drug
prevention. Catalytic
converter theft mitigation
programs and
neighborhood-based
ALPR promotion.
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Initiative Description Update
SP#27 – Neighborhood
Watch
Increase participation
and effectiveness of the
neighborhood watch
program.
Mapped existing
neighborhood watch-
designated areas.
Emergency
preparedness hybrid
program in development
to expand participation
and utility.
SP#28 – Business
Watch
Work in conjunction with
OCSD to
bolster/enhance OCSD's
business watch program
for Lake Forest.
Business Watch
participants have been
documented and subject
to increased marketing
efforts. Direct feedback
solicited during outreach
events and Community
Satisfaction Survey.
SP#38 – Resident-Led
Emergency
Preparedness
Train graduates of CERT
basic class to lead
CERT program and
launch Lake Forest
amateur radio operators
bi-monthly meeting.
CERT Graduates
completed “Train the
Trainer” course are now
training their first class of
new CERT recruits.
SP#45 - Measure
Quality of Services and
Programs
Continue biennial
Community Satisfaction
Study and utilize new
technology to perform ad
hoc surveys as needed.
Community Satisfaction
Survey completed.
Results presented early-
2023 as part of Strategic
Plan update process.
SP#46 - Lake Forest
Leadership Academy -
Graduate Course
Develop a
graduate/continuing
studies version of the
Lake Forest Citizens'
Leadership Academy
with an increased focus
on important issues and
to maintain resident
"goodwill ambassadors."
First Leadership
Academy Graduate
course provided on
December 7, 2022.
Leadership Academy
graduates participated in
a discussion regarding
logistics industry growth
and potential impacts to
community.
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Initiative Description Update
SP#66 – Open for
Business Campaign
Facilitate outdoor dining
through local zoning and
programs that support
and promote open-air,
take-out, and delivery
options.
City permitted outdoor
dining during the
COVID-19 emergency.
Statewide emergency
has been lifted and
outdoor dining has
ceased.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
1. Strategic Plan Implementation Matrix
2. Strategic Plan Year 2 Q3 Progress Report
Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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ׂ׀ׁׂׂٌ׀ׂꢀ²ɈȲƊɈƵǐǞƧꢀ§ǶƊȁ
Implementation Matrix
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Goal A Our livable City is well-planned, attractive, and safe.
Priority Area 1 - Well-Planned: Purposeful direction in land use and transportation planning create a community future generations will value.
Strategy (a): Prioritize initiatives to reduce traffic congestion, improve mobility, and manage on-street parking.
Initiative
#/Title
Lead
Department
Budget
ImpactInitiative/Project Description Fund Estimated Completion Date Complete infrastructure projects that increase mobility and reduce congestion with Local IȌȲƵȺɈꢀÀȲƊȁȺȯȌȲɈƊɈǞȌȁꢀMitigation ـmIÀwﻑꢀǏundsꢀpaid for by developments. ²§ﺡׁ
Lake Forest
Transportation
Mitigation
Program
- Lake Forest Rd & Rancho Pkwy (LFTM) (# ꢀPW 2020-06)
- El Toro Rd & Portola Pkwy/Santa Margarita Pkwy (LFTM) (# PW 2019-03) - Bake Pkwy & Irvine Blvd/Trabuco Rd (LFTM) (# PW 2019-02) - Bake Pkwy & Jeronimo Rd (LFTM) (# PW 2020-04) Public
Works $8,948,400 LFTM/NITM FY 2021-22 - FY 2025-26
- Lake Forest Dr & Jeronimo Rd (LFTM) (# PW 2020-03)
- Lake Forest Dr & Rockfield Blvd (LFTM) (# PW 2019-06)
- Los Alisos & Rockfield (LFTM) (# PW 2022-11)
- Lake Forest Dr & I-5 (LFTM/NITM) (# PW 2028-10)
- Bake Pkwy & Rockfield - not within City-limits (LFTM) (# PW 2028-11) ²§ﺡꢀ
wƵƊƮȌɩȺ
TraǏǏǞƧ
Meadows
Traffic
Improvement
Funds
Use Meadows Traffic Improvement Funds (MTIF) to manage impacts related to the Meadows development. Public
Works $2,475,000
$5,025,000
FY 2022-23 - FY 2023-24
FY 2022-23 - FY 2023-24
FY 2021-22 - FY 2025-26
Mitigation
Program
- Bake Pkwy/Baffin Bay Intersection Improvements (# PW 2020-19) - Bake Pkwy/Toledo Way Intersection Improvements (# PW 2020-18) Utilize developer-funded Foothill Circulation Phasing Plan (FCPP) to make various transpȌȲɈƊɈǞȌȁ improvements that reduce congestion and improve traffic flow.²§ﺡ׃ Foothill
Circulation
Phasing Plan
Public
Works FCCP- Los Alisos Blvd/Muirlands Blvd Intersection Improvements (# PW 2019-07) - Jeronimo Rd Widening at El Toro Rd (# PW 2019-08)
- El Toro Rd Raised Medians from Jeronimo Rd to Trabuco Rd (# PW 2020-07) Projects which increase mobility and implement new approaches to traffic circulation. ²§ﺡׄ
New Traffic
Circulation/
Mobility Projects
Public
Works
General Fund/
CDBG/M2/SB1
- Protective Permissive Left Turn Project (# PW 2023-03) $1,415,000- Audible Pedestrian Signals (APS) (# PW 2023-0ׂ) Increase Bike Lanes in Lake Forest (# PW 2020-05B)
- Trabuco Rd Ascension Cemetery Left Turn Holding Pocket (# PW 2025-02) Utilize grants and other transpȌrɈation funds to complete traffic signal ²§ﺡׅsynchronization projects that provide more efficient traffic flow. Gas Tax, AQMD, and
Grants
Public
Works
Traffic Signal $525,000 FY 2021-22 - FY 2023-24
FY 2021-22 - FY 2027-28
- Alton Pkwy (# PW 2020-16)
- Portola Pkwy (# PW 2020-15)
- Rockfield Blvd (# PW 2023-04)
Synchronization
Measure M2 Fair
²§ﺡ׆ׂ
Maintain “Good”
Pavement Condition
of the City’s Roads
Construct pavement rehabilitation projects to repair and maintain the quality of the roads (# PW 2021-05A/B, # PW 2022-05A/B, # PW 2023-05A/B, # PW 2024-05A/B, # PW 2025-05A/B, # PW 2026-05A/B, # PW 2027-05A/B, # PW 2027ٌ8-05A/B).
Public
Works
Shareꢀ/ Gas Tax - Road
$28,000,000
Maintenance
Rehabilitation Account
/ Gas Tax / City Road
Infrastructure Fund
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Strategy (a): Prioritize initiatives to reduce traffic congestion, improve mobility, and manage on-street parking.
Initiative
#/Title
Lead
Department
Budget
ImpactInitiative/Project Description Fund Estimated Completion Date ²§ﺡ׃׆
Arterial Median
Improvement
Project
Installation of raised hardscaped medians would improve traffic safety. These locations include Trabuco Rd north of El Toro Rd, and on Rockfield Blvd south of Lake Forest Dr (# PW 2022-02).
Public
Works $225,000 General Fund FY 2023-24
²§ﺡ׆
Permit Parking
Software
²§ﺡׇ
General Plan
Public
Works
Mobile app to efficiently administer and enforce permit parking while improving resident experience for annual renewal and guest passes. $10,000 $75,000
Gas Tax FY 2022-23
FY 2021-22
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Development General Fund
Implementation ƧȌȁȺƵȲɨƊɈǞȌȁꢀƊȁƮꢀȯȌǶǶɐɈǞȌȁꢀȲƵƮɐƧɈǞȌȁꢀȺɈȲƊɈƵǐǞƵȺﺥ Strategy (b): Develop and implement initiatives that leverage changes in retail shopping preferences, telecommuting, and technology.
²§ﺡ
Mixed-Use
Zoning
Community
Development
General Fund
(Reimbursed through
LEAP Grant)
Prepare objective design standards and development requirements to implement the Mixed-Use land designations included in the General Plan Update 2040. $120,000 $94,000
FY 2021-22
FY 2021-22
Strategy (c): Ensure that economic and housing initiatives provide opportunitiesꢀ for all residents.
²§ﺡׁ׀
Housing Element
Update
Utilize grant funding to update required General Plan Element that provides analysis of housing needs and identifies sites to accommodate housing for all residents regardless of income (RHNA).
Community
Development
General Fund
(Reimbursed through
LEAP Grant)
Strategy (d): Strategically accommodate State mandates to ensure the highest level of local control, community involvement, and organizational effectiveness. ²§ﺡׁׁPublic
Works/
Management
Services
Develop SB 1383 compliant program. Provide organic waste collection for all residents and businesses, establish edible food recovery program, conduct public outreach and education, adopt an organics diversion ordinance with enforceable mechanisms, and adopt procurement policy that includes the use of recycled organics materials.
Mandatory
Food Waste &
Commercial
Recycling
$15,000
$3,000
General Fund FY 2021-22
²§ﺡׁׂ
Mountain View
Affordable Housing
Project
Management
Services/
Develop public engagement plan related to the National CORE affordable housing development. General Fund
General Fund
FY 2021-22
On-going
City Manager
²§ﺡׁ׃
Housing
Mandates
Community
Development
Staff
Resources
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Strategy (e): Maintain business attraction services to bring new retail stores to the city. ²§ﺡ׆ׄ
Retail Attraction
Economic
Development
Work with City consultant(s) to retain and enhance business attraction services. $20,000 General Fund FY 2021-22 Item: 14
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Strategy (f): Develop and implement initiatives to address negative economic impacts caused by COVID-19.
Initiative
#/Title
Lead
Department
Budget
ImpactInitiative/Project Description Fund Estimated Completion Date ²§ﺡ׆ׅ
Restaurant
Recovery
Economic
Development
Staff
Resources
General Fund/
FY ׂ׀ꢀﯞꢀIæׂ׀ׂׂׂٌ׃Develop funding program to assist restaurants with economic recovery. TBD ²§ﺡ׆׆Economic
Development
Staff
Resources
Facilitate outdoor dining through local zoning and programs that support and promote open-air, take-out, and delivery options. General Fund FY 2021-22Open for Business Campaign
Priority Area 2 - Attractive: Investment and maintenance in public facilities, infrastructure, and natural resources enhances visual character of the City and supports quality neighborhoods.
Strategy (a): Enhance the City’s overall visual character, maintain City assets, and proactively reinvest in Lake Forest.
²§ﺡׁׄPublic
Works
Create new street name sign design and replace street signs citywide, beginning in southwest Lake Forest (# PW 2021-06 and # PW 2022-06). TBD/$300k $70,000
General Fund
General Fund
General Fund
FY 2023-24
FY 2021-22
FY 2022-23
Citywide Street
Sign Refresh
²§ﺡׁׅ
Southwest
Lake Forest
Neighborhood
Task Force
²§ﺡׁ׆
Noise Ordinance
Update
City Manager/
Community
Development/
Public Works
Interdepartmental task force to address neighborhood concerns identified in the January 2021 Community Satisfaction Study.
Community
Development
Develop and implement noise mitigation strategies to protect residents from excessive exposure to noise. $75,000
Strategy (b): Consistently invest in the City’s park system. ²§ﺡׇׁPublic
Works
ParkReactivate Arbor Mini Parks through new uses, perimeter fencing, and new landscape $820,000 FY 2021-22Arbor Mini Parks (# PW 2019-17). Development Fund Complete various significant maintenance or enhancement projects to retain the highꢀ quality of the City’s park facilities.
²§ﺡׁ
Park
Enhancements
Public
Works
General Fund/
CDBG/Prop 68
- Playground Resurfacing Projects (# PW 2021-08)
- Heroes Park Electrical Repairs and LED/Efficiency Upgrades (# PW 2022-08) - El Toro Lodge Pole Fencing Repairs (# PW 2021-09)
- Park Gazebo Repair & Replacement (# PW 2022-09)
- Replace synthetic fields installed in 2014 at the Lake Forest Sports Park (# PW 2024-02) $2,220,000 FY 2021-22 - FY 2024-25
²§ﺡׁPublic
Works
Neighborhood Renovate Lake Forest Park and the Nature Park based upon a community input process $600,000 General Fund FY 2024-25Park Renovations (# PW 2023-06). - Phase 3
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ׂ׀
Strategy (c): Evaluate future options for the City’s infrastructure and utility resources. !ǞɈɯꢀȌǏꢀmƊDzƵꢀIȌȲƵȺɈꢀﮮꢀ²ɈȲƊɈƵǐǞƧꢀ ɐȺǞȁƵȺȺꢀ§ǶƊȁׁׂ
Initiative
#/Title
Lead
Department
Budget
ImpactInitiative/Project Description Fund Estimated Completion Date ²§ﺡׂ׀Public
Works
Assess Efficiency Comprehensively assess lighting at City facilities to determine if LED retrofitting can $565,000
$20,500
General Fund FY 2023-24Updates to
Lighting Citywide
provide cost savings and increase light coverage.
²§ﺡׁׂCity Manager/
Economic
Implement the City’s CCA Community Engagement Plan to help determine the City’s interest in pursuing CCA.
Community Choice
Aggregation General Fund FY 2021-22
FY 2021-22
Community
Engagement Project Development
²§ﺡProcure consultant to conduct feasibility study related to a City-led broadband initiative. City Manager $85,000 (est.) GeneTraBlDFund/
Broadband
Feasibility Study
Strategy (d): Provide civic and recreational opportunities appealing to community demographics.
²§ﺡׂׂManagement TBD
TBD
General Fund
General Fund
FY 2021-22
FY 2021-22
Craft Show and
Art Fair
Transform Community Center into boutique for crafts by Lake Forest artists and crafters.
Identify emerging recreation, sports, and activities that interest the community, such as Services
²§ﺡׂ׃Management
Services
Offer Recreation that
Reflects the Interests pickleball tournaments.
of the Community
Priority Area 3 - Safe: Excellent public safety efforts maintain a family-friendly environment and high quality of life.
Strategy (a): Maintain a low crime rate in a cost-effective manner. ²§ﺡׂׄ
Increase Law
Enforcement Contract
by Adding Two
Add two full-service deputies to the City’s contract with OCSD (first year City Manager Police Services
$800,000 General Fund TBAcosts: $800,000, on going costs: $600,000.ꢀ Deputy Sheriffs
²§ﺡׂׅ
Lake Forest
Geofence
Expand the use of the City’s Automatic License Plate Reader System Cameras by adding cameras at major arterial intersections or high traffic areas near city borders. $80,000 $0
General Fund
General Fund
FY 2022-2023
²§ﺡׂ׆Continue public education initiatives to maintain a low crime rate in the City such as ²ɈƊɯꢀSafe Lake Forest, a series of community seminars to educate residents on Management
Services
“Stay Safe Lake FY 2021-22 & FY 2022-23
Forest” Campaign crime prevention/safety.
Strategy (b): Maintain public safety by engaging community members. ²§ﺡׇׂStaffIncrease participation and effectiveness of the neighborhood watch program. Police Services Police Services
General Fund
General Fund
FY 2021-22
FY 2021-22
Neighborhood
Watch Resources
²§ﺡׂ
Business Watch
Staff
Resources
Work in conjunction with OCSD to bolster/enhance OCSD’s business watch program for Lake Forest.
²§ﺡׂ9
Revamp Lake
Forest Leadership
Academy
Launch an updated version of the Lake Forest Leadership Academy that includes modules for neighborhood watch, business watch, and homelessness. Management Services $3,000 General Fund FY 2021-22
Item: 14
291
ׂׂ! ǞɈɯꢀȌǏꢀmƊDzƵꢀIȌȲƵȺɈꢀﮮꢀ²ɈȲƊɈƵǐǞƧꢀ ɐȺǞȁƵȺȺꢀ§ǶƊȁׂ׃
Strategy (c): Develop comprehensive emergency management strategies that prepare the City to respond effectively to unpredictable events.
Initiative
#/Title
Lead
Department
Budget
ImpactInitiative/Project Description Fund Estimated Completion Date ²§ﺡ׀׃
Local Hazard
Mitigation Plan
²§ﺡ׃ׁ
City AM
1690 Radio
Community
Development
Identify risks and vulnerability associated with natural disasters and develop long-term strategies for protecting people and property from future hazards. $75,000 $3,000
General Fund
General Fund
FY 2022-23
On-going
FY 2021-22
Management
Services
Establish AM radio station to communicate with residents during wildfires or other emergency events. Emphasis on emergency preparedness.
²§ﺡ׃ׂ
Comprehensive
Emergency
Procure consultant services to produce a new, comprehensive emergency management plan.
General Fund/
TBD
Management
Services $250,000
Management Plan
Goal B Our connected city is engaged, informed, andtechnologically current.
Priority Area 1 - Engaged: Outreach, creative events, and programs inspire connection and engagement between the community and City government.
Strategy (a): Maintain a communications and marketing strategy, including two-way communication that enhances community engagement.
Initiative Lead Budget
ImpactInitiative/Project Description Fund Estimated Completion Date FY 2021-22
#/Title Department
²§ﺡ׃׃
Explore Emerging
Technology
to Increase
Communication
Management
Services
Staff
Resources
Explore the use of new technologies to communicate with residents and businesses to encourage two-way connectivity. General Fund
General Fund²§ﺡ׃ׄ
New Website
Management
Services $65,000 FY 2021-22Launch new City website.
Strategy (b): Reinvigorate civic life in the post-COVID-19 environment via special events and programs.
²§ﺡ׃ׅ
2021 4th of July
Fireworks Show &
Summer Concert
Series
Bring the community together to celebrate the 4th of July with a concert and fireworks show and reinstitute the City’s summer concert series.
Management
Services $154,000 General Fund FY 2021-22
²§ﺡ׆׃Management
Services
Engage the community with a storytelling festival, author presentations for all ages, and reading contests. $5,000
TBD
General Fund
General Fund
FY 2021-22
FY 2021-22
Literature and
Culture
²§ﺡ׃ׇ
Lake Forest Sports
Park Tournaments
Management
Services
Increase number of tournaments from 11 to 24 annually.
²§ﺡ׃Train graduates of CERT basic class to lead CERT program and launch Lake Forest amateur radio operators biꢀmonthly meeting.
Management
Services
Resident-Led $500 General Fund FY 2021-22Emergency
Preparedness
Item: 14
292
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Strategy (c): 0ȁȺɐȲƵꢀɈǘƊɈꢀɈǘƵꢀ!ȺꢀƮƵƧǞȺǞȌȁꢀǿƊDzǞȁǐꢀȯȲȌƧƵȺȺꢀȲƵǿƊǞȁȺꢀƊƧƧƵȺȺǞƦǶƵꢀɈȌꢀƊǶǶꢀ ȲƵȺǞƮƵȁɈȺﺥꢀ
Initiative
#/Title
Lead
Department
Budget
ImpactInitiative/Project Description Fund Estimated Completion Date ²§ﺡ׃Expand and preserve access to City Hall by analyzing how Census data may impact resident communication, increase disability accommodations, and provide other services to ensure broad community participation.
City Clerk TBD General Fund
General Fund
FY 2023-24
FY 2021-22
Accessibility
Enhancements
²§ﺡׄ׀Launch Lake Forest TV and develop content to increase opportunities for residents to learn about the City’s decision-making processes.
Management
Services $2,000
$1,000
Lake Forest TV
²§ﺡׁׄ
Performing Arts
Advisory Committee
²§ﺡׂׄ
Redistricting
Management
Services
Form an advisory committee to the Community Services Commission to build upon the use ȌǏꢀthe City’s Performing Arts Center. General Fund General Fund
FY 2021-22
FY 2021-22City Clerk $70,000Engage the community in the redistricting process based upon 2020 US Census.
Priority Area 2 - Informed: ÀȲƊȁȺȯƊȲƵȁƧɯꢀƊƦȌɐɈꢀƮƵƧǞȺǞȌȁꢀǿƊDzǞȁǐꢀƊȁƮꢀꢀ ǐȌɨƵȲȁǿƵȁɈꢀȯƵȲǏȌȲǿƊȁƧƵꢀƧɐǶɈǞɨƊɈƵȺꢀȯɐƦǶǞƧꢀɈȲɐȺɈﺥ
Strategy (a): (ƵɨƵǶȌȯꢀȯȲȌǐȲƊǿȺꢀɈȌꢀƵɮȯƊȁƮꢀƊƧƧƵȺȺꢀɈȌꢀ!ǞɈɯꢀǐȌɨƵȲȁǿƵȁɈﺥ ²§ﺡׄ׃
Broadcast City
Commission
Meetings on LFTV
Management
Services
Broadcast all commission meetings on LFTV, enabling all residents to view proceedings on COX ch. 851. $3,900
TBD
General Fund
General Fund
FY 2021-22
FY 2021-22
²§ﺡׄׄ
Expand “Pop Up”
City Hall
Management
Services
Transition from ad hoc “Pop Up City Hall” events to a regularly scheduled “Pop Up City Hall” allowing for promotion via the Leaflet.
Strategy (b): Involve the public in measuring the quality and effectiveness in services delivered by the city.
²§ﺡׅׄManagement
Services
Continue biennial Community Satisfaction Study and utilize new technology to perform ad hoc surveys as needed. $48,900
$1,200
General Fund
General Fund
FY 2022-23
FY 2022-23
Measure Quality of
Services and Programs
²§ﺡׄ׆Develop a graduate/continuing studies version of the Lake Forest Citizens’ Leadership Management Services
Lake Forest Leadership Academy with an increased focus on important issues and to maintain resident Academy -
Graduate Course “goodwill ambassadors.”
Priority Area 3. Technologically Current: Innovative technologies enhance organizational efficiency and help our community.
Strategy (a): Enhance efficiencies and services through technology. ²§ﺡׇׄGeneral
Fund/TBD
The City will procure a consultant to conduct an inventory and condition Finance
Finance
$300,000
$450,000
$100,000
FY 2022-23
FY 2022-23
FY 2022-23
Asset Inventory & Ǟȁǐꢀassessment of city owned assets in develop an Asset Management Plan.
Management System
²§ﺡׄ
Financial
Management System services.
Procure and implement a financial management system (ERP) to modernize financial practices and provide opportunities for resident self-service access to City General
Fund/TBD
²§ﺡׄ
City Clerk General FundDocument Imaging Procure a new document retention system to increase public access to City records. and Storage System
Item: 14
293
ׂ׆! ǞɈɯꢀȌǏꢀmƊDzƵꢀIȌȲƵȺɈꢀﮮꢀ²ɈȲƊɈƵǐǞƧꢀ ɐȺǞȁƵȺȺꢀ§ǶƊȁׇׂ
Goal C c
O
o
u
m
r h
m
e
i
a
t
t
l
e
th
d
y
p
c
e
it
o
y
p
g
le
o
.
vernment is
sustainable and well-run with
Priority Area 1 - Sustainable: Responsible financial policies and prudent decisions provide short-term fiscal stability and long-term financial health.
Strategy (a): Implement Financial Management and Budgetary Policy to maintain the financial integrity of the city.
Initiative
#/Title
Lead
Department
Budget
ImpactInitiative/Project Description Fund Estimated Completion Date ²§ﺡׅ׀City Manager/
Finance
StaffDevelop a strategy or policy with Audit Committee for determining how to appropriate one-time revenues (development fees, stimulus funds, etc.). General Fund FY 2021-22 FY 2021-22
Strategy for “One
Time” Revenue Resources
²§ﺡׁׅ
General Fund
Risk Reserve
Policy Update
Staff
Resources
Update the City’s risk-based reserves policy to reflect long-term strategic planning goals. Finance
Finance
General Fund
Strategy (b): Operate according to policy on cost recovery. ²§ﺡׂׅ
Biennial Fee
Study
Conduct a comparative analysis of City of Lake Forest fees vs fees chargeƮ for similar services Ǟȁ nearby communities. $49,500 General Fund FY 2020-21 - FY 2024-25 FY 2021-22, On-going
Strategy (c): Analyze major programs to identify potential cost savings and manage future costs.
²§ﺡׅ׃Staff
Resources
Implement “1% Annually review certain services that obligate at least 1% of General Fund budget.
Review”
City Manager General Fund
Priority Area 2 - Well-Run: JȌȌƮꢀǐȌɨƵȲȁƊȁƧƵꢀƊȁƮꢀȯȲȌǏƵȺȺǞȌȁƊǶꢀǿƊȁƊǐƵǿƵȁɈꢀ ȺɐȯȯȌȲɈꢀɈǘƵꢀ!ȺꢀƊƦǞǶǞɈɯꢀɈȌꢀȺƵȲɨƵꢀɈǘƵꢀȁƵƵƮȺꢀȌǏꢀɈǘƵꢀƧȌǿǿɐȁǞɈɯﺥ Strategy (a): Continuously improve our effectiveness in procuring and managing financially sustainable contract services.
²§ﺡׅׄ
Comprehensive StaffUpdate the City’s Purchasing Policies and increase staff training to accurately identify contract scope to match services needed. Improve procurement document strategy.
City Manager
City Clerk
General Fund
General Fund
FY 2021-22
FY 2024-25
Update to
Purchasing Policies
Resources
²§ﺡׅׅ
Modernize
Document
Modernize the City’s document retention policies. Emphasize storage of electronic records over hard copies to preserve physical space. Update retention timelines. TBD Retention Policies
Strategy (b): Implement modern workplace policies that cultivate an effective, efficient workforce.
²§ﺡׅ׆Management
Services
StaffDevelop and implement policies that preserve the City’s ability to effectively manage services provided by contract staff. General Fund
General Fund
FY 2022-23Contract Staffing
Policy Resources
²§ﺡׇׅ
Implement
!ǞɈɯꢀwƊȁƊǐƵȲﺵꢀ
wƊȁƊǐƵǿƵȁɈꢀ
²ƵȲɨǞƧƵȺ
Develop and implement a policy to facilitate telecommuting for select job TBD FY 202ׁ2ׂTelecommuting classifications. Policy will include performance measurement framework.
Policy
Item: 14
294
28 City of Lake Forest | Strategic Business Plan 29
Priority Area 3ꢀ- Committed People: Talented staff and contractors are vital assets to our organization and essential to effective and efficient City operations.
Strategy (a): Professionally develop and retain staff to match skills with organizational and community needs.
Initiative
#/Title
Lead
Department
Budget
ImpactInitiative/Project Description Fund Estimated Completion Date SP#58
Lake Forest Management
Services
Develop programs related to employee retention, including “stay” interviews, “ladder” promotion opportunities, and an employee satisfaction survey. $5,000 General Fund FY 2021-22 FY 2020-21
FY 2022-23
Employee
Retention Program
SP#59
Join Team Lake
Forest
SP#60
Develop
Lake Forest
Succession Plan
Management
Services
Staff
Resources
Market Lake Forest as a top notch employer, emphasizing modern facilities, innovate public sector compensation system, and succession planning. General Fund General FundManagement
Services
Staff
Resources
Human resources to develop a comprehensive succession plan that includes training, academy courses, job shadowing, etc.
Strategy (b): Continuously assess the optimal staffing levels required to provide in- demand services to residents and businesses.
SP#61 Human Resources to implement a biennial classification and compensation study to (a) assess the staffing needs of the organization and (b) meet those staffing needs with competitive compensation plans.
Management $30,000 (for
Services full study)
Biennial
General Fund FY 2022-23 & FY 2024-25Classification and
Compensation Plan
Item: 14
295
ATTACHMENT 2
Item: 14
296
Goal
A
A
A
A
A
A
A
A
Initiative # Department Initiative Title Progress Q3 Y2 (Q7) Substantial Progress
Substantial Progress
Substantial Progress
Substantial Progress
Substantial Progress
Substantial Progress
Substantial Progress
Complete
SP#1
SP#2
SP#3
SP#4
SP#5
SP#62
SP#63
SP#6
SP#7
SP#8
SP#10
Public Works
Public Works
Public Works
Public Works
Public Works
Public Works
Public Works
Public Works
Lake Forest Transportation Mitigation Program
Meadows Traffic Mitigation Program
Foothill Circulation Phasing Plan
New Traffic Circulation/Mobility Projects
Traffic Signal Synchronization
Maintain "Good" Pavement Condition of the City's Roads
Arterial Median Improvement Project
Permit Parking Software
A
A
A
Community Development
Community Development
Community Development
General Plan Implementation
Mixed‐Use Zoning
Housing Element Update
Anticipated start Late 2023
Complete
Complete
Public Works/Management
ServicesA SP#11 Mandatory Food Waste & Commercial Recycling Complete Management Services/City
ManagerA
A
A
A
A
A
A
A
A
A
A
A
SP#12
SP#13
SP#64
SP#65
SP#66
SP#14
SP#15
SP#16
SP#17
SP#18
SP#19
SP#20
Mountain View Affordable Housing Project
Housing Mandates
Retail Attraction
Complete
Complete
Complete
Complete
Complete
Substantial Progress
Complete
Substantial Progress
Substantial Progress
Substantial Progress
Anticipated Start 2024
Complete
Community Development
Economic Development
Economic Development
Economic Development
Public Works
City Manager
Community Development
Public Works
Restaurant Recovery
Open for Business Campaign
Citywide Street Sign Refresh
Southwest Lake Forest Neighborhood Task Force
Noise Ordinance Update
Arbor Mini Parks
Park EnhancementsPublic Works
Public Works
Public Works
Neighborhood Park Renovations ‐ Phase 3
Assess Efficiency Updates to Lighting Citywide
City Manager/ Economic
Development
City Manager
A
A
A
SP#21
SP#9
SP#22
Community Choice Aggregation Community Engagement Project Broadband Feasibility Study
Craft Show and Art Fair
Complete
Temporary Hold
CompleteManagement Services
A SP#23 Management Services Offer Recreation that Reflects the Interests of the Community Complete A
A
A
A
SP#24
SP#25
SP#26
SP#27
City Manager
Police Services
Management Services
Police Services
Increase Law Enforcement Contract by Adding Two Deputy Sheriffs Lake Forest Geofence
"Stay Safe Lake Forest" Campaign
Neighborhood Watch
Under Evaluation
Substantial Progress
Complete
Complete
Item: 14
297
A
A
A
A
A
B
SP#28
SP#29
SP#30
SP#31
SP#32
SP#33
Police Services Business Watch
Revamp Lake Forest Leadership Academy
Local Hazard Mitigation Plan
City AM 1690 Radio
Comprehensive Emergency Management Plan
Explore Emerging Technology to Increase Communication
Complete
Complete
Substantial Progress
Complete
Complete
Management Services
Community Development
Management Services
Management Services
Management Services Complete
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
C
C
C
C
C
C
C
SP#34
SP#35
SP#36
SP#37
SP#38
SP#39
SP#40
SP#41
SP#42
SP#43
SP#44
SP#45
SP#46
SP#47
SP#48
SP#49
SP#50
SP#51
SP#52
SP#53
SP#54
SP#55
SP#56
Management Services
Management Services
Management Services
Management Services
Management Services
City Clerk
Management Services
Management Services
City Clerk
Management Services
Management Services
Management Services
Management Services
Finance
Finance
City Clerk
City Manager/Finance
Finance
Finance
City Manager
City Manager
City Clerk
New Website Complete
Complete
Complete
Complete
Complete
Substantial Progress
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Substantial Progress
Substantial Progress
Substantial Progress
Anticipated start FY 2022‐23
Started
2021 4th of July Fireworks Show & Summer Concert Series Literature and Culture
Lake Forest Sports Park Tournaments
Resident‐Led Emergency Preparedness
Accessibility Enhancements
Lake Forest TV
Performing Arts Advisory Committee
Redistricting
Broadcast City Commission Meetings on LFTV
Expand "Pop Up" City Hall
Measure Quality of Services and Programs
Lake Forest Leadership' Academy ‐ Graduate Course
Asset Inventory & Management System
Financial Management System
Document Imaging and Storage System
Strategy for "One Time" Revenue
General Fund Risk Reserve Policy Update
Biennial Fee Study Started
Complete
Complete
Complete
Implement "1% Review"
Comprehensive Update to Purchasing Policies
Modernize Document Retention Policies
Contract Staffing PolicyManagement Services
City Manager/ Management
Services
Management Services
Management Services
Management Services
Management Services
Started
C
C
C
C
C
SP#57
SP#58
SP#59
SP#60
SP#61
Implement Telecommuting Policy
Lake Forest Employee Retention Program
Join Team Lake Forest
Develop Lake Forest Succession Plan
Biennial Classification and Compensation Plan
Complete
Complete
Complete
Complete
Complete
Item: 14
298
Goal Progress to Date
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0% Goal A Goal B Goal C
Complete 20
13 0
13 4
8 0
3 1
Substantial Progress
Started 0
Not Started 4 0
Item: 14
299
Overall Progress (Quarterly Progress)
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0% Q1
6 Q2
10 19
23 14
Q3
14 25
16 11
Q4
22 23
12 9
Q5
28 24
4 Q6
33 21
6 Q7
41 17
3 Complete
Substantial Progress
Started
18 23
19Not Started/On Hold 10 6 5
Item: 14
300
CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/2/2023
DEPARTMENT: City Manager
SUBJECT:
LEGISLATIVE MATTERS
RECOMMENDED ACTION(S):
Receive a report from staff and authorize the Mayor to sign the letter of support for California Assembly Bill 1270
EXECUTIVE SUMMARY:
As part of the 2011 Budget Act (“the Act”), the State of California (“State”) dissolved all redevelopment agencies effective February 1, 2012. The Act also established procedures for “winding down” redevelopment agencies across the state, as many agencies had financial obligations that extended beyond the effective dissolution date. When all financial obligations, litigation, and property related to a redevelopment agency have been completed or disposed of, the agency is required to submit a notice to the State requesting formal dissolution.
Existing law requires the County of Orange (“the County”) to allocate property tax revenues related to the El Toro Project Area (a former redevelopment site) to the Orange County Redevelopment Agency (managed by the County) and the Lake Forest Redevelopment Agency (managed by the City of Lake Forest). The County is prepared to dissolve their administrative obligations related to the El Toro Project Area site, as their financial, legal, and property disposal obligations have been met. However, the City still requires the County to collect and remit property tax to the Lake Forest Redevelopment Agency, as the City’s still has outstanding obligations related to the El Toro Project Area site.
Assembly Bill 1270 would enable the County to still collect revenue and remit collections to the Lake Forest Redevelopment Agency, which would allow the Lake Forest Redevelopment Agency to meet its obligations related to the El Toro Project Area site. A full text of the bill is provided as Attachment 1. The bill was introduced by Assemblymember Diane Dixon. Absent passage of AB 1270, the Lake Forest Redevelopment Agency would not be able to meet its obligations to the El Toro Project Area site. AB 1270 received support from the Orange County Board of Supervisor’s at its March 14, 2023, meeting. AB 1270 is an active bill and is in the committee review process. On April 26, 2023, the State Assembly Local Government Committee approved the bill.
Item: 15
301
Staff recommends the City Council support the passage of AB 1270 and document its advocacy by authorizing the Mayor to sign the attached letter of support (Attachment 2). The letter of support will be submitted to AB 1270’s proponents and the committees set to review the bill next.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
1. Assembly Bill 1270 Text
2. Letter of Support Assembly Bill 1270
Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 15
302
ATTACHMENT 1
Item: 15
303
AMENDED IN ASSEMBLY MARCH 23, 2023
AMENDED IN ASSEMBLY MARCH 16, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1270
Introduced by Assembly Member Dixon
February 16, 2023
An act to amend Section 34182.1 of the Health and Safety Code, relating to redevelopment.
legislative counsel’s digest
AB 1270, as amended, Dixon. Redevelopment: successor agenc y:
City of Lake Forest.
Existing la w dissolv ed rede velopment agencies and community development agencies as of February 1, 2012, and pro vides for the designation of successor agencies to, among other things, wind do wn the affairs of the dissolved redevelopment agencies and make payments due for enforceable oblig ations. In that re gard, existing law requires the county auditor -controller to create within the county treasury a Redevelopment Property Tax Trust Fund (Fund) for the property tax revenues related to each former redevelopment agency for administration by the county auditor-controller.
Existing law requires the Orange County Auditor Controller to allocate property tax revenues attributable to the El Toro Project Area between the Fund established for the former Orange County De velopment Agency and the Fund established for the former Lak e F orest Redevelopment Agency, as pro vided, to implement a specified agreement that transferred territorial jurisdiction of the El Toro Project
97 Item: 15
304
Area from the Orange County Rede velopment Agency to the Lak e Forest Redevelopment Agency.
This bill would instead require the Orange County Auditor Controller Controller, upon r eceipt of the final r esolution of dissolution for the successor agency to the former Or ange County Development Agency, to allocate property tax revenues attributable to the El Toro Project Area to the Fund established for the former Lak e F orest Rede velopment Agency. By revising the duties of local go vernment officials, the bill would impose a state-mandated local program.
Existing law g enerally r equires a successor a gency to submit a Recognized Obligation Payment Schedule to certain entities, including the Department of Finance, and requires the successor agency to make payments pursuant to that schedule. When all enforceable obligations have been retired or paid of f, all real property has been disposed of , and all outstanding litigation has been resolved, existing law requires the successor a gency to submit a r equest to formally dissolve to its oversight board, which is required to approve the request and submit it to the department for approval, as specified.
Under this bill, the allocation of revenues into the Fund established for the former Lak e Forest Rede velopment Agency pur suant to the transfer agreement and the listing of those payments by the successor agency to the Orange County Development Agency on its Recognized Obligation Payment Schedule would not pr eclude the appr oval of a request for dissolution of the successor a gency to the Orange County Development Agency.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Lake Forest.
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, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
97 — 2 — AB 1270
Item: 15
305
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 34182.1 of the Health and Safety Code line 2 is amended to read:
line 3 34182.1. (a) The Orange County Auditor Controller shall line 4 allocate property tax revenues attributable to the El Toro Project line 5 Area to the Redevelopment Property Tax Trust Fund established line 6 for the former Lake Forest Redevelopment Agency. line 7 (b) The Orange County Auditor-Controller shall allocate money line 8 in the Rede velopment Property Tax Trust Fund for the former line 9 Lake Forest Redevelopment Agency in accordance with Section line 10 34183.
line 11 (c) This section is intended to implement the transfer agreement line 12 in light of the enactment of P art 1.8 (commencing with Section line 13 34161) and this part and the dissolution of the successor agenc y line 14 to the former Orange County Development Agency. line 15 (d) For purposes of this section, both of the following definitions line 16 shall apply:
line 17 (1) “El Toro Project Area” means the portion of the former line 18 Orange County Development Agency’s Neighborhood Preservation line 19 and Development Project Area that w as transferred to the Lak e line 20 Forest Redevelopment Agency pursuant to the transfer agreement line 21 and Sections 33216 and 33216.1.
line 22 (2) “Transfer agreement” means the Agreement to Transfer line 23 Territorial Jurisdiction of a Noncontiguous Portion of a line 24 Redevelopment Project Area dated as of July 6, 1999, entered into line 25 among the County of Orange, the Orange County De velopment line 26 Agency, the City of Lake Forest, the Lake Forest Redevelopment line 27 Agency, and the City of Laguna Hills.
line 28 SECTION 1. Section 34182.1 of the Health and Safety Code line 29 is amended to read:
line 30 34182.1. (a) The Until a final resolution of dissolution for the line 31 successor a gency to the former Or ange County De velopment line 32 Agency has been submitted to the Or ange County Auditor line 33 Controller pursuant to subdivision (f) of Section 34187, the Orange line 34 County Auditor Controller shall allocate property tax re venues line 35 attributable to the El Toro Project Area between the Redevelopment line 36 Property Tax Fund established for the former Orange County line 37 Development Agency and the Redevelopment Property Tax Trust 97 AB 1270 — 3 —
Item: 15
306
line 1 Fund established for the former Lak e F orest Rede velopment line 2 Agency as provided in subdivision (b). follows:
line 3 (b) (1)
line 4 (1) All property tax revenues deposited by the Orange County line 5 Auditor Controller pursuant to paragraph (1) of subdivision (c) of line 6 Section 34182 during each fiscal year that are attrib utable to the line 7 Neighborhood Preserv ation and De velopment Project Area, line 8 including the El Toro Project Area, shall initially be placed into line 9 the Redevelopment Property Tax Trust Fund for the former Orange line 10 County Development Agency.
line 11 (2) After deducting the administrati ve costs allo wed under line 12 Section 34182 and Section 95.3 of the Revenue and Taxation Code, line 13 as described in subdivision (a) of Section 34183, and remitting the line 14 amounts required under paragraph (1) of subdivision (a) of Section line 15 34183, the Orange County Auditor Controller shall transfer the line 16 sum of both of the following, determined for the entire fiscal year, line 17 into the redevelopment obligation retirement fund of the successor line 18 agency to the Orange County Development Agency for distribution line 19 as required by law and applicable bond covenants:
line 20 (A) The amount required by Section 33670.9.
line 21 (B) All other obligations secured by a prior claim on, or pledge line 22 of, moneys in the Redevelopment Property Tax Trust Fund of the line 23 former Orange County De velopment Agency, including tax line 24 allocation bonds, as applicable, that are payable on a basis prior line 25 to any transfer to the former Lake Forest Redevelopment Agency line 26 pursuant to the transfer agreement or pursuant to P art 1.8 line 27 (commencing with Section 34161), this part, or other law. line 28 (3) After depositing the amount described in paragraph (2) into line 29 the rede velopment oblig ation retirement fund of the successor line 30 agency to the Orange County De velopment Agency, the Orange line 31 County Auditor Controller shall deposit into the Rede velopment line 32 Property Tax Trust Fund established for the former Lak e Forest line 33 Redevelopment Agency the transfer agreement amount, as set forth line 34 in the applicable Recognized Oblig ation P ayment Schedule line 35 submitted by the successor agenc y to the Orange County line 36 Development Agency and approved by the Department of Finance, line 37 to the extent moneys are available from the portion of the former line 38 Orange County Development Agency’s Redevelopment Property line 39 Tax Trust Fund attributable to the El Toro Project Area. 97 — 4 — AB 1270
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line 1 (4) The payment described in paragraph (3) shall be paid prior line 2 to all payments listed on the recognized oblig ation payment line 3 schedule of the successor agenc y to the former Orange County line 4 Development Agency other than the payments described in line 5 paragraph (2), unless otherwise required by statute or applicable line 6 bond covenants.
line 7 (c) This section shall not be construed to affect the obligations line 8 of the successor agenc y to the Orange County De velopment line 9 Agency under Section 33670.9. Such obligations shall be prior to line 10 any transfer of property tax revenues directed by this section and line 11 this section shall be interpreted and construed in a manner line 12 consistent with Section 33670.9.
line 13 (b) Upon receipt of the final r esolution of dissolution for the line 14 successor a gency to the former Or ange County De velopment line 15 Agency submitted pursuant to subdivision (f) of Section 34187, the line 16 Orange County Auditor Contr oller shall allocate pr operty tax line 17 revenues attrib utable to the El Toro Pr oject Area, to the line 18 Redevelopment Pr operty Tax Trust Fund for the former Lak e line 19 Forest Rede velopment Agency and allocate mone y in this fund line 20 pursuant to Section 34183.
line 21 (d)
line 22 (c) This section is intended to implement the transfer agreement line 23 in light of the enactment of P art 1.8 (commencing with Section line 24 34161) and this part and, except as expressly set forth herein, this line 25 section is not intended to alter the transfer agreement, which shall line 26 continue in full force and effect in accordance with its terms. and line 27 the dissolution of the successor a gency to the former Or ange line 28 County Development Agency. Notwithstanding Section 34187, the line 29 allocation of revenues into the Redevelopment Property Tax Trust line 30 Fund established for the former Lak e F orest Rede velopment line 31 Agency pursuant to the transfer agreement and the listing of those line 32 payments by the successor a gency to the Or ange County line 33 Development Agency on its Reco gnized Obligation P ayment line 34 Schedule shall not pr eclude the appr oval of a r equest for line 35 dissolution of the successor a gency to the Or ange County line 36 Development Agency.
line 37 (e)
line 38 (d) For purposes of this section, both of the following definitions line 39 shall apply:
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line 1 (1) “El Toro Project Area” means the portion of the former line 2 Orange County Development Agency’s Neighborhood Preservation line 3 and Development Project Area that w as transferred to the Lak e line 4 Forest Redevelopment Agency pursuant to the transfer agreement line 5 and Sections 33216 and 33216.1.
line 6 (2) “Transfer agreement” means the Agreement to Transfer line 7 Territorial Jurisdiction of a Noncontiguous Portion of a line 8 Redevelopment Project Area dated as of July 6, 1999, entered into line 9 among the County of Orange, the Orange County De velopment line 10 Agency, the City of Lake Forest, the Lake Forest Redevelopment line 11 Agency, and the City of Laguna Hills.
line 12 (3) “Transfer agreement amount” means the amount of the line 13 payment required to be made by the former Orange County line 14 Development Agency to the former Lak e Forest Redevelopment line 15 Agency pursuant to the transfer agreement, less the amount of line 16 passthrough payments attributable to the El Toro Project Area that line 17 are disbursed by the Orange County Auditor Controller pursuant line 18 to paragraph (1) of subdivision (a) of Section 34183. line 19 SEC. 2. The Legislature finds and declares that a special statute line 20 is necessary and that a general statute cannot be made applicable line 21 within the meaning of Section 16 of Article IV of the California line 22 Constitution because of the unique financial circumstances in the line 23 City of Lake Forest relating to the repayment of its redevelopment line 24 obligations.
line 25 SEC. 3. If the Commission on State Mandates determines that line 26 this act contains costs mandated by the state, reimb ursement to line 27 local agencies and school districts for those costs shall be made line 28 pursuant to Part 7 (commencing with Section 17500) of Division line 29 4 of Title 2 of the Government Code.
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ATTACHMENT 2
Item: 15
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www.lakeforestca.gov
Lake Forest City Hall
100 Civic Center Drive
Lake Forest, CA 92630
General: (949) 461-3400
Fax: (949) 461-3511
CITY OF LAKE FOREST
May 2, 2023
Asm. Dixon as the author
72 Assembly District
P.O. Box 942849
Sacramento, CA 94249-0072
RE: AB 1270 (Dixon) Redevelopment: Successor Agency: City of Lake Forest Notice of SUPPORT (As Introduced 2/16/23)
Dear Assemblywoman Dixon,
The City of Lake Forest is pleased to support AB 1270 (Dixon), which would amend HSC Section 34182.1 to allow the Lake Forest Successor Agency to receive redevelopment property tax revenues directly from the County Auditor-Controller and enable the County’s Successor Agency to dissolve as planned in September 2023.
Specifically, this measure would require the Orange County Auditor to allocate property tax revenues attributable to the El Toro Project Area between the Redevelopment Property Tax Trust Fund (RPTTF) established for the former Orange County Development Agency and the Redevelopment Property Tax Fund established for the former Lake Forest Redevelopment Agency (RDA), as specified, until a final resolution of dissolution for the successor agency to the former Orange County Development Agency has been submitted to the Orange County Auditor- Controller.
Upon receipt of the final resolution of dissolution for the successor agency to the former Orange County Development Agency submitted pursuant to existing law, the Orange County Auditor Controller shall allocate property tax revenues attributable to the El Toro Project Area to the RPTTF for the former Lake Forest RDA and allocate money in this fund. The allocation of revenues into the RPTTF established for the former Lake Forest RDA pursuant to the transfer agreement and the listing of those payments by the successor agency to the Orange County Development Agency on its Recognized Obligation Payment Schedule (ROPS) shall not preclude the approval of a request for dissolution of the successor agency to the Orange County Development Agency
Prior to the incorporation of the City of Lake Forest, the El Toro Redevelopment Project Area was under the jurisdictional control of the County of Orange. When the City of Lake Forest established the Lake Forest RDA and control over the Project Area was subsequently Mayor
Doug Cirbo
Mayor Pro Tem
Mark Tettemer
Council Members
Robert Pequeño
Scott Voigts
Benjamin Yu
City Manager
Debra DeBruhl Rose
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www.lakeforestca.gov
Lake Forest City Hall
100 Civic Center Drive
Lake Forest, CA 92630
General: (949) 461-3400
Fax: (949) 461-3511
transferred to Lake Forest, the City, County and Agency entered into a Transfer Agreement.
The purpose of the Transfer Agreement was to allow the transfer of tax increment from the Project Area to the Lake Forest RDA and ensure the protection of the County's pre-existing bond obligations. With the County’s successor agency retiring its debt in September of 2023, and no longer being eligible to receive redevelopment property tax dollars, this calls into question the City’s ability to still receive said funds, as approved by the State Department of Finance. AB 1270 will allow the Lake Forest successor agency to receive redevelopment property tax revenues directly from the County Auditor-Controller; like other successor agencies.
This legislative fix will reduce administrative costs for the County of Orange, wind down a successor agency, and ensure the City of Lake Forest continues to receive property tax dollars.
For these reasons, the City of Lake Forest supports AB 1270 (Dixon).
Sincerely,
Doug Cirbo
Mayor
City of Lake Forest
cc:
Senator Dave Min (Via email: [email protected]) Assembly Member Diane Dixon (Via email: [email protected]) Erin Sasse, Cal Cities Regional Public Affairs Manager (Via email: [email protected]) League of California Cities (Via email: [email protected]) Item: 15
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