AGENDA
LAKE FOREST CITY COUNCIL
Meeting of the City Council
Tuesday, May 16, 2023
Special Closed Session 5:00 p.m.
Regular 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 16, 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
SPECIAL CLOSED SESSION PUBLIC COMMENT:
SPECIAL CLOSED SESSION: At this time, the City Council may recess to Special 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 Special 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 Special 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.
SPECIAL 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 LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6
AGENCY DESIGNATED REPRESENTATIVE: CITY MANAGER
UNREPRESENTED EMPLOYEE: ALL EMPLOYEES
RECOMMENDED ACTION: Conduct closed session.
May 16, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 2 CALL TO ORDER: 5:00 p.m.
3. CONFERENCE WITH LEGAL COUNSEL- ANTICIP ATED LITIGATION
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(D)(4)
NUMBER OF POTENTIAL CASES: 2
RECOMMENDED ACTION: Conduct closed session.
RECESS: City Council will recess to Special Closed Session for the purpose of conducting City business.
SPECIAL CLOSED SESSION REPORT: City Attorney will report on Special Closed Session.
ADJOURN SPECIAL CLOSED SESSION AND CONVENE REGULAR
PUBLIC SESSION: City Council will adjourn the Special Closed Session and convene to the Regular Public Session to conduct 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.
CLOSED SESSION: (Item Nos. 1 – 3)
1. PUBLIC EMPLOYEE PERFORMANCE E VALUATION
PURSUANT TO GOVERNMENT CODE SECTION 54957
TITLE: CITY MANAGER
RECOMMENDED ACTION: Conduct closed session.
2. CONFERENCE WITH LABOR NEGOTI ATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6
AGENCY DESIGNATED REPRESENTATIVE: CITY MANAGER
UNREPRESENTED EMPLOYEE: ALL EMPLOYEES
May 16, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 3 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
RECOMMENDED ACTION: Conduct closed session.
INVOCATION: The Invocation will be provided by Chief Mission Integration Officer Austine Duru, Providence Mission Hospital.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Council Member Pequeño.
PRESENTATIONS (Item Nos. 4 – 6)
4. RECOGNITION OF HEROIC ACTIONS SAVING THE LIFE OF A LAKE
FOREST RESIDENT
RECOMMENDED ACTION: Present Certificates of Recognition to Deputy Rodrigo Ruelas and Ms. Marcia Langstaff for Saving the Life of a Lake Forest Resident.
5. COMMUNITY EMERGENCY RESPONSE TEAM
RECOMMENDED ACTION: Present Certificates of Completion to the graduates of the Community Emergency Response Team Program
6. PROCLAMATION DECLARING MAY 30TH AS MULTIPLE SCLEROSIS
AWARENESS DAY
May 16, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 4 RECOMMENDED ACTION: Approve the Proclamation designating May 30th as Multiple Sclerosis Awareness Day.
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 – 15)
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 MAY 2, 2023
RECOMMENDED ACTION: Approve as submitted.
9. MONTHLY TREASURER'S REPORT - APRIL 2023
RECOMMENDED ACTION: Receive and file.
10. SECOND READING AND ADOPTION OF ORDINANCE NO. 362 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 16, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 5 RECOMMENDED ACTION: Conduct second reading and adopt Ordinance No. 362 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)
11. AWARD OF CONTRACT FOR GRAFFITI REMOVAL AND STEAM
CLEANING MAINTENANCE SERVICES
RECOMMENDED ACTION: 1. Award an Agreement for Maintenance Services in the amount of $446,100 to Superior Property Services, Inc. of Pico Rivera, California, for Graffiti Removal and Steam Cleaning Maintenance Services. 2. Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to Superior Property Services, Inc., of Pico Rivera, California, substantially in the form attached.
12. FOURTH AMENDMENT TO THE AGREEMENT WITH BRIGHTVIEW
LANDSCAPE SERVICES, INC. FOR SPORTS PARKS LANDSCAPE
MAINTENANCE SERVICES
RECOMMENDED ACTION: 1. Approve the Fourth Amendment to the Agreement for Sports Parks Landscape Maintenance Services with Brightview Landscape Services, Inc. 2. Authorize the Mayor to sign, and the City Clerk to attest, the Fourth Amendment substantially in the form attached.
13. FIFTH AMENDMENT TO THE AGREEMENT WITH BRIGHTVIEW
LANDSCAPE SERVICES, INC. FOR LAKE FOREST SPORTS PARK
MAINTENANCE
RECOMMENDED ACTION: 1. Approve the Fifth Amendment to the Agreement with Brightview Landscape Services, Inc., for Lake Forest Sports Park Landscape Maintenance Services. 2. Authorize the Mayor to sign, and the City Clerk to attest the Fifth Amendment with Brightview Landscape Services, Inc., substantially in the form attached.
May 16, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 6
14. SECOND AMENDMENT TO THE AGREEMENT WITH SHELTERCLEAN SERVICES, INC. FOR BUS STOP MAINTENANCE SERVICES
RECOMMENDED ACTION: Approve the Second Amendment to the Agreement for Bus Stop Maintenance Services with ShelterClean Services, Inc. Authorize the Mayor to sign, and the City Clerk to attest, the Second Amendment substantially in the form attached.
15. ACCEPTANCE OF TRACT IMPROVEMENTS BY LS-OC PORTOLA LLC, AND RELEASE OF BONDS FOR TRACT 15353
RECOMMENDED ACTION: 1. Accept as complete the tract improvements and monumentation constructed by LS-OC Portola LLC, for Tract 15353. 2.
Authorize the City Clerk to release the Subdivision Improvement Faithful Performance and Subdivision Improvement Labor and Materials Bonds, both in the amount of $8,093,181.75 and the Subdivision Improvement Monumentation Bond in the amount of $3,450 for Tract 15353. 3. Authorize the City Clerk to release the Subdivision Improvement Warranty Bond in the amount of $809,318.18 one year after acceptance of the tract improvements for Tract 15353 with concurrence of the Director of Public Works/City Engineer.
May 16, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 7 DISCUSSION/ACTION ITEMS (Item Nos. 16 – 17)
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.
16. SECOND AMENDMENT TO COMMUNICATIONS SITE LICENSE
AGREEMENT
RECOMMENDED ACTION: 1. Approve the Second Amendment to the Communications Site License Agreement by and between the City of Lake Forest and Crown Castle Fiber, LLC. 2. Authorize the City Manager to execute the Amendment, and the City Clerk to attest, the Second Amendment to the agreement with Crown Castle Fiber, LLC substantially in the form attached.
17. LEGISLATIVE MATTERS
RECOMMENDED ACTION: 1. Receive a report from staff summarizing the status of various legislation with the potential to impact the City of Lake Forest. 2. Adopt the policy positions recommended by staff on various legislation with the potential to impact the City of Lake Forest.
CLOSED SESSION: Item Nos. 1 – 3 (If necessary)
CLOSED SESSION REPORT: City Attorney will report on Closed Session.
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.
May 16, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 8
CITY COUNCIL COMMENTS
At this time, City Council Members may comment on agenda or non-agenda matters. No discussion may take place on any item not appearing on the posted agenda. Council Members may ask a question for clarification, respond to statements made or questions posed by the public, make a brief announcement, or make a brief report on his or her own activities. In addition, the City Council may refer to staff or other resources for factual information, request staff to report back at a subsequent meeting or direct staff to place a matter of business on a future agenda. No action may be taken on non-agenda matters unless authorized by law (Government Code Section 54954.2).
Council Member Pequeño:
Council Member Voigts:
Council Member Yu:
Mayor Pro Tem Tettemer:
Mayor Cirbo:
ADJOURNMENT
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this Meeting, including auxiliary aids or services, you should contact the Office of the City Clerk at (949) 461-3400.
Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and agenda back-up materials can be obtained from the Office of the City Clerk on the Friday prior to the City Council meeting. Copies of all Agendas, Staff Reports and Supporting Materials can also be found on the City’s website – https://www.lakeforestca.gov/129/Agendas.
Agenda and agenda packets, if requested, will be made available in an appropriate alternative format to persons with a disability as required by the Americans With Disabilities Act. Copies of the agenda are provided at no cost and agenda back-up materials are available at the per page copy cost.
The City of Lake Forest mailing address is City Council Chambers, 100 Civic Center Drive, Lake Forest, California.
Phone: (949) 461-3400. FAX (949) 461-3511
CERTIFICATION: I, Lisa Berglund, City Clerk of the City of Lake Forest, California, hereby certify that the foregoing agenda was posted for public review at City Hall on May 11, 2023.
Lisa Berglund
City Clerk
May 16, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 9
CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/16/2023
DEPARTMENT: City Manager
SUBJECT:
RECOGNITION OF HEROIC ACTIONS SAVING THE LIFE OF A LAKE
FOREST RESIDENT
RECOMMENDED ACTION:
Present Certificates of Recognition to Deputy Rodrigo Ruelas and Ms. Marcia Langstaff for Saving the Life of a Lake Forest Resident.
EXECUTIVE SUMMARY:
On April 11, 2023, Orange County Sheriff's Department (“OCSD”) deputies were dispatched to a residence in Lake Forest. The call described a male not breathing and unresponsive. OCSD Deputy Rodrigo Ruelas was the first deputy to arrive on scene. He noticed the resident was unresponsive and started performing cardiopulmonary resuscitation (”CPR”). Meanwhile the resident’s spouse left to get their neighbor, Ms. Marcia Langstaff, for further assistance. Ms.
Langstaff is a trained Emergency Medical Technician (“EMT”) and assisted Deputy Ruelas with performing life-saving measures. After paramedics arrived, the resident was transported to a nearby hospital.
Fortunately, the resident is now home with family. It is these heroic actions that saved the life of this resident. The City would like to recognize these individuals for using their skills needed to save the resident’s life. Staff recommends the City Council present each individual with a Certificate of Recognition for their heroic actions contributing to saving the life of a Lake Forest resident.
FISCAL IMPACT:
There is no fiscal impact with this recommendation.
ATTACHMENT:
Certificate of Recognition
Initiated By: Sharlyn De la Paz, Senior Management Analyst Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
Item: 4
10 ATTACHMENT
Item: 4
11 CERTIFICATE OF RECOGNITION
THE LAKE FOREST CITY COUNCIL
HEREBY RECOGNIZES
Name
For his heroic actions contributing to saving the life of a Lake Forest Resident on April 11, 2023
May 16, 2023
_______________________________
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: 5/16/2023
DEPARTMENT: City Manager
SUBJECT:
COMMUNITY EMERGENCY RESPONSE TEAM
RECOMMENDED ACTION(S):
Present Certificates of Completion to the graduates of the Community Emergency Response Team Program
EXECUTIVE SUMMARY:
The Community Emergency Response Team program is a community-based volunteer effort and a component of the U.S. Department of Homeland Security’s Federal Emergency Management Agency (”FEMA”). The City of Lake Forest Community Emergency Response Team (”CERT”) is a recognized member of the National Community Emergency Response Team program.
On May 13, 2023, six residents completed the City’s seventh CERT Basic Training program. The CERT program teaches how to be prepared in the event of a disaster. It focuses on people helping people in a safe manner while doing the greatest good for the greatest number in the shortest amount of time. The CERT Basic Training program includes eight courses and a final exercise encompassing all skills learned in the program:
•Disaster Preparedness
•Fire Safety and Utility Controls
•Medical Operations
•Light Search and Rescue Operations
•CERT Organization
•Disaster Psychology
•Terrorism
•Disaster Simulation
Class Seven is the first class taught by our newest instructors John Wieland and Jean Kulla, who are Lake Forest CERT members.
Item: 5
13 The City would like to recognize the graduates from Class Seven of the CERT Basic Training program. A sample template of the certificate of completion to be presented to each CERT Basic Training graduate is affixed to this report (Attachment).
Staff recommends the City Council present each CERT Basic Training program graduate with a certificate of completion.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended item.
ATTACHMENTS:
Certificate of Completion Template
Initiated By: Sharlyn De la Paz, Senior Management Analyst Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
Item: 5
14 ATTACHMENT
Item: 5
15 CERTIFICATE OF COMPLETION
THE LAKE FOREST CITY COUNCIL
HEREBY RECOGNIZES
NAME
FOR COMPLETING THE
CITY OF LAKE FOREST
COMMUNITY EMERGENCY RESPONSE TEAM
BASIC TRAINING
March 7, 2023
_______________________________
DOUG CIRBO
Mayor
__________________________
MARK TETTEMER
Mayor Pro Tem
__________________________
ROBERT PEQUEÑO
Council Member
__________________________
SCOTT VOIGTS
Council Member
__________________________
BENJAMIN YU
Council Member
Item: 5
16 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/16/2023
DEPARTMENT: City Clerk
SUBJECT:
PROCLAMATION DECLARING MAY 30th AS MULTIPLE SCLEROSIS
AWARENESS DAY
RECOMMENDED ACTION(S):
Approve the Proclamation designating May 30th as Multiple Sclerosis Awareness Day.
EXECUTIVE SUMMARY:
World Multiple Sclerosis day is observed globally on May 30th every year. The annual campaign aims to raise global awareness about multiple sclerosis and to support and connect with the people living with this condition and their care takers. The intent of World Multiple Sclerosis day is to bring the global multiple sclerosis community together to share stories, raise awareness, and campaign with everyone affected by the disease. Activities take place throughout the month of May and in early June. The campaign offers flexibility for individuals and organizations to achieve a variety of goals.
The theme for World Multiple Sclerosis Day is “connections.” The theme supports building community connection, self-connection, and connections to quality care.
The campaign slogan is “I Connect, We Connect.” The theme and slogan challenges social barriers that leave people affected by multiple sclerosis feeling lonely and socially isolated. It is an opportunity to advocate for better services, celebrate support networks, and champion self-care.
Multiple sclerosis is one of the most common diseases of the central nervous system. It is an inflammatory demyelinating condition. It is caused by damage to myelin – a fatty material that insulates nerves. The loss of myelin affects the way nerves conduct electrical impulses to and from the brain. Symptoms can include blurred vision, weak limbs, tingling sensations, unsteadiness, memory problems, and fatigue. Most people with multiple sclerosis are diagnosed between the ages of 20 and 40 and is two to three times more common in women than in men.
There is no drug that can cure multiple sclerosis, but treatments are available which can modify the course of the disease.
Item: 6
17 FISCAL IMPACT:
There is no fiscal impact associated with this item.
ATTACHMENTS:
Proclamation World Multiple Sclerosis Day
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 6
18 ATTACHMENT
Item: 6
19 PROCLAMATION
THE LAKE FOREST CITY COUNCIL
hereby proclaims
May 30th
as
“World Multiple Sclerosis Day”
DOUG CIRBO
MAYOR
MARK TETTEMER
MAYOR PRO TEM
ROBERT PEQUEÑO
COUNCIL MEMBER
SCOTT VOIGTS
COUNCIL MEMBER
BENJAMIN YU
COUNCIL MEMBER
Item: 6
20 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/16/2023
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
21 5
2 0
8 9
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, May 2, 2023, at the Lake Forest City Council Chambers, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:30 PM with all members present.
ROLL CALL:
Council Members:
Robert Pequeño
Scott Voigts
Benjamin Yu
Mayor Pro Tem: Mark Tettemer
Mayor: Doug Cirbo
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Manager
ACTION: Closed Session was conducted.
2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Number of potential cases: 1
ACTION: Closed Session was conducted.
3. 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.
Item: 8
22 May 2, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 7 ACTION: City Attorney Richardson had no action to report.
PUBLIC COMMENT: Randy Johnson expressed his concerns with the City Manager’s evaluation being a Closed Session item and offered his comments on the City Manager’s performance.
INVOCATION: The Invocation was provided by Pastor Omar Tellez, Faro Church.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Council Member Yu.
REPORT FROM STUDENT LIAISON: Sam Quiambao, Student Liaison from El Toro High School, delivered his last report. City Council Members presented Sam with a Certificate of Recognition and wished him well in his future endeavors.
PRESENTATIONS: (Item Nos. 4 – 6)
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to approve Item Nos. 4 – 6. The motion was carried by a vote of 5/0.
4. PROCLAMATION SUPPORTING DROWNING PREVENTION AWARENESS City Manager Rose introduced this item and invited Orange County Fire Division Chief Hunter to provide a presentation. No public comment was offered.
ACTION: A Proclamation designating May through September 2023 as Drowning Prevention Awareness Season was approved.
5. PROCLAMATION DECLARING THE MONTH OF MAY AS ASIAN AMERICAN
PACIFIC ISLANDER HERITAGE MONTH
City Manager Rose introduced this item and invited Council Member Yu to provide a presentation. No public comment was offered.
ACTION: A Proclamation designating the month of May as Asian Pacific American Heritage Month was approved.
6. NEW EMPLOYEE INTRODUCTIONS
City Manager Rose introduced this item and invited Deputy City Manager Channing to provide a presentation. He introduced Administrative Specialist Phillips. No public comment was offered.
ACTION: A report introducing the newest employee at the City of Lake Forest was received and filed.
Item: 8
23 May 2, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 7 PUBLIC COMMENTS:
Randy Johnson expressed his concerns with the City’s response to the fentanyl crisis and to his public records requests regarding legal fees for Ordinance Nos. 331 and 347.
Gene Leo provided information on the game of bocce ball and its benefits, and proposed building bocce ball courts in the City.
CONSENT CALENDAR: (Item Nos. 7 – 11)
STATEMENT READ INTO THE RECORD
Mayor Pro Tem Tettemer - Item 10 on the Consent Calendar involves the Irvine Ranch Water District. I am an employee of Irvine Ranch Water District and although I am permitted to vote on this item, I have chosen not to vote. Because IRWD is a public agency, and because I do not work for the department involved in this item, under the California Government Code I have a non-interest in this item and am permitted to vote.
However, in keeping with my past practice related to approvals associated with the Serrano Summit development involving the exercise of significant discretion by the City Council, I am choosing not to participate on this item.
MOTION: It was moved by Council Member Yu, seconded by Council Member Voigts, to approve Consent Calendar Item Nos. 7 – 11. The motion was carried by a vote of 5/0, with Mayor Pro Tem Tettemer abstaining on Item No. 10.
7. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES ACTION: Said Ordinances and Resolutions which appeared on the public agenda were determined to have been read by title and further reading was waived.
8. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 18, 2023.
ACTION: The minutes were approved as submitted.
9. SECOND AMENDMENT TO PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH MIKE LINARES, INC. FOR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) CONSULTING SERVICES
ACTION: 1. The Second Amendment to Agreement with Mike Linares, Inc. for Community Development Block Grant (CDBG) Consulting Services was approved and the Amendment was found to not be 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. The Mayor was authorized to sign and the City Clerk to Item: 8
24 May 2, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 7 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
ACTION: 1. 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, were accepted. 2. The Cost Sharing Agreement for Irrigation and Landscaping with the Irvine Ranch Water District was approved. 3. The City Manager was authorized 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. 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 was
adopted.
11. FOURTH AMENDMENT TO THE AGREEMENT WITH KIDDER MATHEWS, INC., FOR CIVIC CENTER FACILITY MANAGEMENT SERVICES
ACTION: 1. The Fourth Amendment to the Agreement for Maintenance Services for Civic Center Facility Management Services with Kidder Mathews, Inc. was approved. 2. The Mayor was authorized to sign, and the City Clerk to attest, the Fourth Amendment substantially in the form attached.
PUBLIC HEARINGS: (Item Nos. 12 – 13)
12. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM – FISCAL YEAR 2023-2024 ANNUAL ACTION PLAN
Mayor Cirbo opened the public hearing. City Manager Rose introduced the item and invited Senior Planner Santos to provide a presentation. Madelynn Hirneise offered public comment and expressed her appreciation for the collaborative effort between the City and Families Forward. Mayor Cirbo closed the public hearing.
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to direct staff to submit the AAP to the U.S. Department of Housing and Urban Development (“HUD”). The motion was carried by a vote of 5/0.
Item: 8
25 May 2, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 5 of 7
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 Mayor Cirbo opened the public hearing. City Manager Rose introduced the item and invited Assistant Community Development Director Stonich to provide a presentation. No public comment was offered. Mayor Cirbo closed the public hearing.
MOTION: It was moved by Council Member Yu, seconded by Council Member Pequeño, to 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). The motion was carried by a vote of 5/0.
DISCUSSION/ACTION ITEMS: (Item Nos. 14 – 15)
14. STRATEGIC PLAN UPDATE
City Manager Rose introduced this item and invited Assistant to the City Manager McGovern 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 Council Member Voigts, to receive and file a report from staff describing progress made on the City's Strategic Business Plan.
15. LEGISLATIVE MATTERS
City Manager Rose introduced this item and invited Assistant City Manager Neves 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 Council Member Voigts, to receive a report from staff and authorize the Mayor to sign the letter of support for California Assembly Bill 1270.
Item: 8
26 May 2, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 6 of 7 CITY MANAGER'S REPORT: City Manager Rose reported that Deputy City Manager Channing was offered a position at the City of Corona and thanked him for his contributions to Lake Forest.
CITY COUNCIL COMMENTS:
Council Member Pequeño: Council Member Pequeño reported on his attendance at the Orange County Fire Authority’s Best and
Bravest Awards event, the Town Hall meeting on
fentanyl, and the Southwest Lake Forest Pop-Up City
Hall event. He thanked City staff and City Manager
Rose for all their hard work and efforts. He thanked
Deputy City Manager Channing for his service to the
City and wished him well.
Council Member Voigts: Council Member Voigts reported on his attendance at the Town Hall meeting on fentanyl and reported that
there would be another Town Hall on fentanyl held on
May 10, 2023. He thanked City staff for their
participation in putting on the event. He thanked
Deputy City Manager Channing for his service to the
City and wished him well.
Council Member Yu: Council Member Yu reported on his attendance at the Clean Lake Forest event and a tour of Heroes
Landing. He congratulated Deputy City Manager
Channing on his new appointment and wished him
well. He also thanked City staff for all their hard work and efforts.
Mayor Pro Tem Tettemer: Mayor Pro Tem Tettemer reported on his attendance at the Clean Lake Forest event, the Pet Expo and
Spring boutique, the Town Hall meeting on fentanyl,
and the Orange County Fire Authority’s Best and
Bravest Awards event. He congratulated Deputy City
Manager Channing on his new appointment and
wished him well.
Mayor Cirbo: Mayor Cirbo reported on his attendance at the Pet Expo and Spring boutique, the Clean Lake Forest
event, a tour of Heroes Landing, the Town Hall
meeting on fentanyl, and the Orange County Fire
Authority’s Best and Bravest Awards event. He
thanked Deputy City Manager Channing for his
service to the City and wished him well.
Item: 8
27 May 2, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 7 of 7 ADJOURNMENT: The Regular Meeting of the City Council was adjourned at 7:39 p.m.
Respectfully submitted:
APPROVED:
LISA BERGLUND DOUG CIRBO
CITY CLERK MAYOR
Item: 8
28 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/16/2023
DEPARTMENT: Finance
SUBJECT:
MONTHLY TREASURER'S REPORT - APRIL 2023
RECOMMENDED ACTION(S):
Receive and file.
EXECUTIVE SUMMARY:
The Treasurer's Report for the month ended April 30, 2023, is attached. There are no exceptions to the Investment Policy. Total cash and investments equal $189.1 million for the period.
DISCUSSION:
The Treasurer’s Report for the month ended April 30, 2023, is attached. There are no exceptions to the Investment Policy.
Investment Portfolio
The City’s balances consist of the following:
Type Millions
Local Agency Investment Fund (LAIF) 74.1
California Asset Management Program (CAMP) 44.4
Orange County Investment Pool (OCIP) 41.8
Federated Government Obligations Fund 0.0
Operating Bank Balance – US Bank 28.8
Total Cash and Investments 189.1
The investment portfolio balance (excluding the operating bank balance) was unchanged during the last month. The balance in the investment portfolio was consistent with staff’s expectations based on the operating and capital improvement activities during the month.
Item: 9
29 There were no investment purchases and no maturities during the month. The types of investments currently included in the portfolio are described below with any new information since the last report.
The Local Agency Investment Fund (“LAIF”), Orange County Investment Pool (“OCIP”), and California Asset Management Program (“CAMP”) are the City’s liquidity pools. Liquidity pools are the source of funding for weekly ongoing operating costs. Many cities use only LAIF, while Lake Forest has been more conservative in this respect. The US Bank balance reflected on the previous page is mostly transitory, as a function of holding deposits until the funds are invested and subsequently disbursed from LAIF/OCIP/CAMP for operations.
State law requires that these bank balances be collateralized at 110%. The Federated Government Obligations Fund Service Share Money Market Fund is also mostly transitory, as a function of holding matured investments and earnings until the City purchases new investments. This account is the custodial account for the City’s investment safekeeping institution, US Bank.
LAIF is a conservative investment pool managed by the State. The State cannot access these balances to fund its operational expenditures. Staff believe it is still prudent to maintain funds for liquidity in LAIF. LAIF earned 2.870% on the fund in March, which is slightly lower than the City’s earnings of 3.618% in April 2023.
Orange County Investment Pool (“OCIP”) allows local government agencies to voluntarily invest surplus cash to obtain competitive yields while maintaining safety and liquidity, thereby creating a multi-million-dollar County investment pool that enables investments in diversified instruments. OCIP earned approximately
3.509% on the fund as of April 30, 2023.
CAMP is a conservative short-term money market investment pool for a group of local agencies. CAMP earned approximately 4.97% on the fund as of April 30, 2023.
Cash with Fiscal Agent
During the month, cash with the fiscal agent was unchanged.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action ATTACHMENTS:
Monthly Treasurer’s Report
Item: 9
30 Initiated By: Amy Lewis, Assistant Director of Finance Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
Item: 9
31 ATTACHMENT
Item: 9
32 VALUE OF PORTFOLIO
This Month Last Month
Market Value 160,331,776$ 160,546,742$
Book Value 160,331,776$ 160,546,742$
This Month Last Month
Average Maturity (days) 1 1
Average Maturity to Call (days) 1 1
RETURN
This Month Last Month
Average Annual Return 3.618% 3.482%
Average Annual Return to Call 3.618% 3.482%
1. I hereby certify that the investments are in compliance with the investment policy approved by the City Council on April 18, 2023.
2. Although any investment is impacted by market conditions, the current investments are structured to reduce the impact of market conditions.
3. The market values for the investments are provided by the City's Custodian, US Bank.
Local Agency Investment Fund, California Asset Management Program and
4. The City has the ability to meet its budgeted expenditures for the next six months.
Kevin R. Shirah
Director of Finance / City Treasurer
CITY OF LAKE FOREST
MONTHLY INVESTMENT HIGHLIGHTS
April 30, 2023
Orange County Investment Pool market values are the withdrawal amount. 1 Item: 9
33 SUMMARY OF TRANSACTIONS
Investment Securities*
Activity
Dollar Volume
(Par Value)
Transaction
Count
Purchases -$ -$
Maturities -$ 0
Called - Prior to Maturity -$ -$
Sale - Prior to Maturity -$ -$
* The Investment Securities activity is also included in the account summary below.
LAIF, CAMP, OCIP & Money Market Mutual Fund (MMMF)
Category Deposits Withdrawals
Local Agency Investment Fund 503,025$ 1,000,000$ California Asset Management Program 180,603$ -$
Orange County Investment Pool 102,475$ 1,068$
Federated Government Obligations Fund Service Shares 24$ 1,250$ No exceptions.
EXCEPTIONS TO INVESTMENT POLICY
April 30, 2023
CITY OF LAKE FOREST
MONTHLY INVESTMENT HIGHLIGHTS/
April 30, 2023
EXCEPTIONS TO INVESTMENT POLICY
CITY OF LAKE FOREST
2 Item: 9
34 CITY OF LAKE FOREST
CASH AND INVESTMENTS
April 30, 2023
CASH & INVESTMENTS:
Type Market Value
Bank Accounts 28,820,281$
Investments 0
Local Agency Investment Fund 74,137,589
California Asset Management Program 44,354,230
Orange County Investment Pool 41,833,429
Federated Government Obligations Fund Service Shares 6,528 Total 189,152,057$
3 Item: 9
35 CITY OF LAKE FOREST
PORTFOLIO STRUCTURE
April 30, 2023
COMPARISON OF INVESTMENT PORTFOLIO BY TYPE:
Average
% or $ Average Maturity Allowed
Book % or $ Over Maturity to Call Maturity
Type of Instrument Value Portfolio Allowed Limit (in days) (in days) (in days) Local Agency Investment Fund 74,137,589 46.2% $75 MM N/A N/A N/A California Asset Management Program 44,354,230 27.7% 30% N/A N/A N/A Orange County Investment Pool 41,833,429 26.1% 100% N/A N/A N/A Federated Government Obligations Fund Service Shares 6,528 0.0% 10% N/A N/A N/A Totals 160,331,776$ 100.0%
CALLABLES AS PERCENTAGE OF BOOK VALUE:
Federal Agencies - Callable -$ 0.0% 100% 0 0 1825 4 Item: 9
36 INVESTMENT PORTFOLIO BY ISSUER:
Book % of % or $ Over
Issuer Name Value Portfolio Allowed Limit Quality
Local Agency Investment Fund 74,137,589 46.2% $75 MM N/R California Asset Management Program 44,354,230 27.7% 30% N/R Orange County Investment Pool 41,833,429 26.1% 100% N/R Federated Government Obligations Fund Service Shares 6,528 0.0% 10% AAA Totals 160,331,776$ 100.0%
DISTRIBUTION BY SELLING INSTITUTION:
% of
Name of Institution Book Value Total
Local Agency Investment Fund 74,137,589 46.2%
California Asset Management Program 44,354,230 27.7%
Orange County Investment Pool 41,833,429 26.1%
Federated Government Obligations Fund Service Shares 6,528 0.0% Totals 160,331,776$ 100.0%
CITY OF LAKE FOREST
DISTRIBUTION BY SELLING INSTITUTION
April 30, 2023
PORTFOLIO STRUCTURE
5 Item: 9
37 CITY OF LAKE FOREST
PORTFOLIO DETAILS SORTED BY MATURITY DATES 1
April 30, 2023
Market Par Book Coupon Yield to Purchase Maturity
Type of Instrument Issuer Seller Value 2
Value Value Rate Maturity Date Date
LAIF 3 N/A N/A 74,137,589 74,137,589 74,137,589 N/A N/A N/A N/A CAMP 4
N/A N/A 44,354,230 44,354,230 44,354,230 N/A N/A N/A N/A OCIP 5
N/A N/A 41,833,429 41,833,429 41,833,429 N/A N/A N/A N/A Money Market Fund 6
N/A N/A 6,528 6,528 6,528 N/A N/A N/A N/A
Totals 160,331,776$ 160,331,776$ 160,331,776$
1 All investments are held in safekeeping by US Bank.
2 Market values are obtained monthly from US Bank.
3 Local Agency Investment Fund
4 California Asset Management Program
5 Orange County Investment Pool
6 Federated Government Obligations Money Market Fund
6 Item: 9
38 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/16/2023
DEPARTMENT: City Clerk
SUBJECT:
SECOND READING AND ADOPTION OF ORDINANCE NO. 362 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)
RECOMMENDED ACTION(S):
Conduct second reading and adopt Ordinance No. 362 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. Ordinance No. 362 restates the State law in implementation of the City’s Housing Element Program 1 (Attachment).
Staff recommends the City Council conduct the second reading and adopt Ordinance No. 362.
Item: 10
39 FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
ATTACHMENTS:
Ordinance No. 362
Initiated By: Thy Merritt, Assistant City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 10
40 ATTACHMENT
Item: 10
41 1
5 1
9 2
6 ORDINANCE NO. 362
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: 10
42 2
5 1
9 2
6 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: 10
43 3
5 1
9 2
6 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: 10
44 4
5 1
9 2
6 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: 10
45 5
5 1
9 2
6 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 16th day of May, 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. 362 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 2nd day of May, 2023, and thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 16th day of May, 2023, by the following vote, to wit:
Item: 10
46 6
5 1
9 2
6 AYES: COUNCIL MEMBERS: CIRBO, PEQUEÑO, TETTEMER, VOIGTS, YU
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
LISA BERGLUND
CITY CLERK
Item: 10
47 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/16/2023
DEPARTMENT: Public Works
SUBJECT:
AWARD OF CONTRACT FOR GRAFFITI REMOVAL AND STEAM CLEANING
MAINTENANCE SERVICES
RECOMMENDED ACTION(S):
1. Award an Agreement for Maintenance Services in the amount of $446,100 to Superior Property Services, Inc. of Pico Rivera, California, for Graffiti Removal and Steam Cleaning Maintenance Services.
2. Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to Superior Property Services, Inc., of Pico Rivera, California, substantially in the form attached.
EXECUTIVE SUMMARY:
The current agreement with Superior Property Services, Inc. (“Superior”) for graffiti removal and steam cleaning maintenance service expires on June 30, 2023. Staff issued a Request for Proposals (“RFP”) in February 2023 for graffiti removal and steam cleaning maintenance services. The procurement process is a qualification-based selection process based on a contractor’s experience, understanding of the scope of services, proposed personnel, completion of similar project in a timely manner, and their ability to provide optimal services at an acceptable cost. After a competitive process outlined in the City’s Purchasing Guidelines, staff identified the most qualified contractor to provide graffiti removal and steam cleaning maintenance services. Staff recommends the City Council approve the attached Agreement for Maintenance Services with Superior for graffiti removal and steam cleaning services (“Agreement”)(Attachment 1). The term of the proposed Agreement is for three-years with two one-year options to extend at the discretion of the City Council. If approved, the proposed Agreement would begin July 1, 2023. The Agreement includes a compensation amount of $446,100. Sufficient funds to cover the costs of the Agreement will be proposed in the 2023-2025 Operating Budget.
Item: 11
48 BACKGROUND:
The City provides graffiti removal and steam cleaning services on all public property, including City facilities, parks, and infrastructure. Graffiti removal and steam cleaning services improve the quality of life for residents and deters future acts of vandalism. The City’s current agreement with Superior for Graffiti Removal and Steam Cleaning Services expires on June 30, 2023. A RFP process was completed by staff in anticipation of the expiration of the current arrangement with Superior.
DISCUSSION:
On January 25, 2023, the City Manager approved the RFP for Graffiti Removal and Steam Cleaning Maintenance Services and authorized staff to solicit proposals on PlanetBids. The scope of work includes graffiti removal Monday – Friday, steam cleaning services for the Etnies Skate Park of Lake Forest and City park gazebo shelters, twice per week steam cleaning of Veterans Park, and twenty-four-hour emergency response. The City subsequently received proposals from two firms shown below:
•Superior Property Services
•Brett’s Home Services
Consistent with the City’s Purchasing Guidelines, staff assembled a selection committee approved by the City Manager to review proposals and participate in the interview phase of the selection process. The selection committee was comprised of the following:
•Deputy City Manager
•Public Works Maintenance Manager
•Senior Management Analyst – City Manager’s Office
•Management Aide – Public Works
Technical Review and Interview Process
The review process is comprised of three phases: the Technical Review of written proposals, the Qualifications Interview phase, and the cost proposal evaluation. The Purchasing Guidelines require the Selection Committee to review all proposals submitted in response to the RFP. As summarized in Table 1, staff reviewed two proposals and both firms met the technical criteria and were invited to the interview process.
Item: 11
49 Table 1: Summary of Technical Review and Qualifications Interview Technical Review Qualifications Interview
Rater Rater Pricing
Firm 1 2 3 4
Sub-
Total 1 2 3 4 5
Sub-
Total
Points
x 5 Total
Superior
Property
Services
89 86 88 82 345 146 141 133 129 549 160 709
Brett’s
Home
Services
72 64 55 51 278 146 141 133 129 481 68 549
During the qualifications interview, Superior demonstrated their comprehensive knowledge of graffiti removal and steam cleaning services. They have extensive experience using the Tager system, which collects data for the Orange County Sheriff’s Department and future prosecution of graffiti incidents. Superior is also responsive to City requests and works cooperatively on special projects.
Cost Proposals
Compensation scoring is based on a cost per incident, monthly services, and hourly rates secured for any additional services. At the conclusion of the interview process, all firms had the opportunity to submit a last, best, and final cost proposal. Table 2 below describes the cost proposal amounts received by each firm that qualified to receive an interview.
Table 2: Graffiti Removal and Steam Cleaning Maintenance Services Firm 3-Year Cost Proposal
Superior Property Services $446,100
Brett’s Home Services $1,073,400
Budget & Cost Expectations:
If the proposed Agreement is approved, the annual cost of the graffiti removal and steam cleaning services would be approximately $148,700. Staff believe Superior will continue to provide the City with quality and timely services.
Superior is the City’s current vendor and has provided efficient and cost-effective services. Superior responds in a timely manner and their graffiti removal efforts have exceeded expectations. The cost is reasonable and as expected for these services. The Agreement is structured to compensate Superior for providing per- incident graffiti removal services. The Agreement also includes flat-rate pricing for steam cleaning and gum removal at various City-owned facilities.
Item: 11
50 Reference Checks
In addition to Lake Forest’s positive experience, staff conducted reference checks from three firms and/or agencies (Attachment 2). References provided positive feedback, attesting to graffiti removal expertise and responsiveness.
Recommendation
Based on the technical review, interview performance, cost comparison, and reference checks, staff recommends approval of the Agreement with a compensation amount of $446,100. The City’s scoring rubric combines the qualifications from the written proposal, the in-person interview, and the proposed costs to provide the City with the best overall value of quality and cost.
The term of the Agreement is for three years with two optional one-year extensions. Awarding the Agreement would ensure continued graffiti removal and steam cleaning maintenance services. The compensation amount in the Agreement is based upon the annual cost proposal analysis of $148,700.
Consistent with the City’s Purchasing Guidelines, the Finance Department prepared the proposed Agreement and the City Attorney’s Office reviewed and approved the proposed Superior Agreement as to form. The City’s standard form agreement allows the City Manager to approve extra work up to 10% of the compensation amount.
FISCAL IMPACT:
The proposed Maintenance Agreement includes $446,100 in total compensation.
The Maintenance Agreement includes a three-year term ending June 30, 2026, with two optional one-year extensions. Sufficient funds will be proposed in the 2023-2025 Operating Budget to cover the costs of the recommended action.
ATTACHMENTS:
1. Agreement for Maintenance Services with Superior Property Services, Inc., for Graffiti Removal and Steam Cleaning Maintenance Services
2. References for Superior Property Services, Inc.
Initiated By: Michael McConaha, Public Works Maintenance Manager Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 11
51 Attachment 1
Item: 11
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CITY OF LAKE FOREST
AGREEMENT FOR MAINTENANCE SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] , by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, located at 100 Civic Center Drive, Lake Forest 92630 (“City”) and Superior Property Services, Inc., a California corporation, with its principal place of business at 9129 Perkins Street, Pico Rivera, CA 90660 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain graffiti removal and steam cleaning maintenance services required by the City which shall be performance in accordance with the terms and conditions set forth in this Agreement and all plans, specifications and other contract documents attached to or incorporated into this Agreement .
Contractor represents that it is experienced in providing graffiti removal and steam cleaning maintenance services to public clients, that it and its employees or subcontractor s have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the graffiti removal and steam cleaning maintenance services project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the graffiti removal and steam cleaning maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated here in by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30, 2026, unless earlier terminated as provided herein . The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Responsibilities of Contractor.
3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be empl oyees of City and shall at all times be under Contractor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be re sponsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon re quest of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Thomas Wheeler, P.E., Director of Public Works/ City Engineer, or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (“City’s Representati ve”).
City’s Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Work or change the Contractor’s total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City’s Representative or his/her designee.
3.2.5 Contractor’s Representative . Contractor hereby designates Ronald L.
Bruneck, President, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Servic es under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.
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3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of Ca lifornia. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them.
Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs an y work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free a nd harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.10 .Labor
3.2.10.1 Prevailing Wages. Contractor is aware of th e requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance o f other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage DocuSign Envelope ID: B8882216-54DB-4ADD-A40E-2E7BFD888A70 Item: 11
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Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.2.10.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code sections 1725.5 and 1771.1, Contractor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR . Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 sh all not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.2.10.3 It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775 , 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law.
3.2.11 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “E” attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond . If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions . Sho uld, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduc e or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least DocuSign Envelope ID: B8882216-54DB-4ADD-A40E-2E7BFD888A70 Item: 11
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ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furni sh any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Proced ure, and proof of such is provided to the City.
3.2.13 Water Quality Management and Compliance.
3.2.13.1 Storm Water Management. Storm, surface, ground, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor shall keep itself and al l subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq. ); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Serv ices are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
3.2.13.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”) and the City of Lake Forest Local Implementation Plan (“LIP”). Both documents contain Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry -weather urban runoff, s tormwater runoff, and receiving water quality.
Contractor shall be familiar the DAMP, and the LIP and shall comply with the requirements as specified therein.
A copy of the DAMP is available on the internet at:
http://www.ocwatersheds.com/documents/damp/mapplan
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A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/296/Local-Implementation-Plan-LIP
3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.
3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, standards and ordinances listed in Sections 3.2.13.2, 3.2.13.3, and 3.2.13.4 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in Sections 3.2.13.2, 3.2.13.3, and 3.2.13.4 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or activ e negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor’s failure to co mply with the laws, regulations, policies and standards described in Sections 3.2.13.2, 3.2.13.3 and 3.2.13.4 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. 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 FOUR HUNDRED FORTY-SIX THOUSAND ONE HUNDRED DOLLARS ($446,100) without written approval of City’s City Manager or City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation . Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor.
The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
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and approved charges thereon. If the City disputes any of Contractor’s fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each y ear at the time of renewal as set forth in Exhibit “C.”
3.4 Accounting Records.
3.4.1 Maintenance and Inspection . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination . City ma y, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
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3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor: Superior Property Services, Inc.
9129 Perkins Street
Pico Rivera, CA 90660
ATTN: Ronald L. Bruneck, President
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.5 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the da te of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions , negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers.
Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall DocuSign Envelope ID: B8882216-54DB-4ADD-A40E-2E7BFD888A70 Item: 11
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not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
3.5.7 Entire Agreement. This Agreement conta ins the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project.
3.5.11 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempt ed assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragrap hs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
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3.5.18 Prohibited Interests . Contractor maintains and warran ts that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or ob tain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discrimi nate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be s igned in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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CITY OF LAKE FOREST SUPERIOR PROPERTY SERVICES, INC.
By:
[AUTHORIZED CITY SIGNATURE]
By:
[VENDOR SIGNATURE 1]
Doug Cirbo
Mayor
Ronald L. Bruneck
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:
By:
[VENDOR SIGNATURE 2]
Ronald L. Bruneck
Secretary
By:
[CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
APPROVED AS TO FORM:
By:
[CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
DocuSign Envelope ID: B8882216-54DB-4ADD-A40E-2E7BFD888A70 Item: 11
63 55136.00200\31919334.1 Exhibit “A”-1
EXHIBIT “A”
SCOPE OF MAINTENANCE SERVICES
CITY OF LAKE FOREST
GRAFFITI REMOVAL AND
STEAM CLEANING MAINTENANCE SERVICES
SCOPE OF WORK
DEFINITIONS
Whenever the following terms are used in this agreement, they shall have the following meaning:
A. “CITY” - The City of Lake Forest.
B. “CITY MANAGER” - The fully appointed City Manager of the City or his/her authorized representative.
C. “CONTRACTOR” - The managing individual of the contracting entity or his/her authorized employees or representatives.
D. “GRAFFITI” - Graffiti comes in various forms including but not limited to - spray paint, stickers, markers, crayons, gum, posters, tape, garage sale and other illegal signs.
E. “PUBLIC WORKS DIRECTOR” - The official designated as the Public Works Director of City, or any of his/her authorized representatives.
F. “PUBLIC WORKS MAINTENANCE MANAGER” – The Public Works Director’s designee for administering the Contractor’s work under this agreement, or any of his/her authorized representatives.
1.00 STANDARDS OF WORK AND CONTRACTOR RESPONSIBILITY
1.01 Contractor shall provide all labor, materials, equipment, vehicles, tools, chemicals and supplies, services and special skills and manufactured articles including but not limited to a pressure washer, sand and soda blasters, digital camera, paint, and graffiti removal products as well as furnishing all transportation, fuel, power, water and essential communications necessary for the provision of graffiti removal and steam cleaning maintenance services, except as otherwise specified hereinafter. The premises shall be maintained to the highest of standards at no less than the frequencies set forth herein.
1.02 Upon commencement of work under this Contract, Contractor shall be fully equipped and staffed; thoroughly familiar with Contract requirements and prepared to provide all services required. Failure to provide full services from the first day of work under this contract may result in deductions from payment.
1.03 Contractor shall be responsible to correct any maintenance deficiencies, which may exist upon commencement of work under this Contract.
1.04 Crew will work cleanly and in accordance with approved graffiti removal methods. Graffiti removal will be complete leaving no shadows or ghost markings. Sites will be left clean and free of debris and/or overspray. Sites that contain shadows or ghost markings after the initial graffiti removal attempt shall receive additional graffiti DocuSign Envelope ID: B8882216-54DB-4ADD-A40E-2E7BFD888A70 Item: 11
64 55136.00200\31919334.1 Exhibit “A”-2
removal treatment until the area contains no residual graffiti. The City will not incur the cost for the additional graffiti removal.
1.05 Contractor shall clearly identify and equip each vehicle used with decals on the exterior right and left front door panels, identifying the Contractor's name.
1.06 City receives requests via voicemail at the City’s Public Works Departments mainline (949-461-3480) or through the City’s Website and Ask Lake Forest section, where community members can leave a detailed message of graffiti locations. City will notify the Contractor and Contractor shall remove reported graffiti within 24 hours weather permitting. This does not include weekends or holidays.
1.07 Contractor shall report to the Public Works Maintenance Manager and/or his/her authorized representative on all observations of other vandalism; illegal activities; transient camps; missing or damaged equipment or signs; hazards or potential hazards within said project areas.
1.08 Contractor shall report unassigned graffiti that is the responsibility of another agency or entity outside the City of Lake Forest (e.g. Caltrans, Southern California Edison, AT&T, etc.) to the City’s Public Works Maintenance Manager and/or his/her authorized representative. The report should include the physical address and location of the graffiti incident.
1.09 Contractor shall notify the City of graffiti on private property and City staff will inform the City’s Code Enforcement Department for the commencement of a nuisance abatement action.
1.10 Graffiti of an obsence or racial nature or that is located within designated “hot spot” areas shall be removed immediately and in no case shall it remain more than 24 hours.
1.11 All storm drains are to be covered during steam cleaning and pressure washing and effluent properly collected or rerouted into landscaping, without flooding landscaped areas or damaging turf or landscaping.
1.12 Contractor shall provide anti-graffiti coating services, as directed by the City, on all city- owned facilities, equipment, walls, tables, benches and other structures. The work shall be considered as extra work and will require the Contractor to submit a cost proposal to the City for approval.
1.13 Contractor shall provide a seal coat to decorative concrete/pavement at various locations. The work shall be considered as extra work and will require the Contractor to submit a cost proposal to the City for approval.
1.14 Steam cleaning services shall include the removal of heavily soiled areas and miscellaneous stains through spot treatment.
1.15 Painting of other City structures, walls, fences, and apparatus as requested. The work shall be considered as extra work and will require the Contractor to submit a cost proposal to the City for approval.
2.00 AREAS TO BE MAINTAINED
2.01 The areas to be maintained under the provisions of this Contract are as directed by the Public Works Maintenance Manager including but not limited to all City-owned facilities, DocuSign Envelope ID: B8882216-54DB-4ADD-A40E-2E7BFD888A70 Item: 11
65 55136.00200\31919334.1 Exhibit “A”-3
parks, amenities, easements, public right-of-ways and equipment in various locations throughout the City of Lake Forest. Work shall consist of complete graffiti removal from all surfaces including but not limited to brick, cinder block, concrete sidewalks, walls and partitions, painted surfaces, wood, stucco, stone veneer, metal, glass, plastic, bridges, overpasses, pedestrian tunnels, light poles, utility cabinets, and street signs. Steam cleaning of skating surfaces at Etnies Skate Park, the Arbor structures, bus shelter structures, flower pedestals, trash receptacles, and seating niches on El Toro Road, dumpster enclosures at the Lake Forest Sports Park and various park gazebos, gazebo floors, park furniture and decorative concrete.
3.00 METHODS OF GRAFFITI REMOVAL
3.01 Contractor must exercise care to avoid damages to existing improvements. Existing improvements damaged by the Contractor shall be repaired at the Contractor’s sole expense and to the satisfaction of the City.
3.02 The following equipment and methods are approved for use in the City of Lake Forest for Citywide graffiti removal:
a. Chemical Cleaning:
i. Environmentally safe chemicals, solvents, and materials will be used to remove graffiti. A copy of Material Data Safety Sheets (“MSDS”) and sample labels shall be submitted for approval to the City for all products and chemicals prior to use. ii. Chemical cleaning shall only be used when other methods of removal are not effective and/or recommended.
iii. The Contractor will be responsible for any damages that result from improper chemical use or negligence when using chemical removal methods. b. Power Washing:
i. Power washing will be used to remove graffiti and hard-to clean substances from sidewalks and/or block walls or as determined by the City. ii. Power washing will only be used in low pedestrian traffic areas and/or at times of low pedestrian volumes unless otherwise approved.
iii. Warning signs and protective barriers will be used to warn/shield pedestrians, vehicles, ornamental street furniture, windows, and any other sensitive surfaces from potential overspray. The protective barrier may consist of plastic sheeting and/or painter's cloth.
iv. A water reclamation unit and Best Management Practices shall be used during pressure washing activities.
iiv. The Contractor will be responsible for any damages that result from improper or negligent power washing methods.
c. Sand Blasting:
i. Sand Blasting shall only be used when power washing is not sufficient in removing graffiti.
ii. The Contractor will be responsible for any damages that result from improper or negligent sand blasting methods.
iii. Wastewater and debris from sand blasting shall not enter the storm drain system and is to be collected, removed from the work site and legally disposed of. d. Soda Blasting:
i. Soda Blasting shall only be used when power washing is not sufficient in removing graffiti.
ii. The Contractor will be responsible for any damages that result from improper or negligent soda blasting methods.
iii. Wastewater and debris from soda blasting shall not enter the storm drain system and is to be collected, removed from the work site and legally disposed of.
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e. Painting:
i. Contractor will carry paint, tools and materials necessary to prepare surfaces in a manner that will result in an acceptable bonding of any applied paint to and paint over graffiti at sites where it cannot be removed by other means. ii. Contractor will apply paint that reasonably matches the existing base surface color and in a manner that completely eradicates the graffiti. No patterns, such as that of the letters or shapes, will remain upon completion. If the graffiti is on a wall, the contractor shall paint from the top to the bottom of the wall and square off both sides so they are perpendicular to the top and bottom of the wall. iii. Unused, remaining paint and materials shall not be stored on any City property. vi. Contractor will have a supply of standard paint color used on Los Alisos Boulevard (between Interstate 5 Freeway and Rockfield), Toledo Way (between El Toro Road and Ridge Route Drive, and Rockfield Boulevard (between Los Alisos and El Toro Road).
3.03 Graffiti removed on surfaces with previously applied sacrificial anti-graffiti coating shall be recoated per each applicable incident as part of the graffiti removal incident cost.
3.04 Graffiti shall be uploaded by the Contractor into the Total Automation Graffiti Removal System (TAGRS) used by the Orange County Sheriffs Department. Photos and location shall be legible for future identification and enforcement actions.
Failure to comply with the scope of work in Exhibit A shall be $400 per incident per day.
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67 55136.00200\31919334.1 Exhibit “B”-1
EXHIBIT “B”
SCHEDULE OF MAINTENANCE SERVICES
CITY OF LAKE FOREST
GRAFFITI REMOVAL AND STEAM CLEANING MAINTENANCE SERVICES
SCHEDULE OF SERVICES
1.00 HOURS AND DAYS OF MAINTENANCE SERVICES
1.01 The basic daily hours of maintenance service shall be 9:00 a.m. to 3:00 p.m. on main or arterial streets and 8:00 a.m. to 5:00 p.m. on residential streets as well as within the City’s parks, unless prescribed under any other provision of the Contract. Any changes in the hours of operation heretofore prescribed shall be subject to approval by the Public Works Maintenance Manager and/or his/her authorized representative.
1.02 Contractor shall provide sufficient staffing to perform the required maintenance services within a twenty-four hour period upon receiving a request from the City, Monday through Friday. Any changes in the days of operation heretofore prescribed shall be subject to approval by the Public Works Maintenance Manager and/or his/her authorized representative.
1.03 The use of power tools is prohibited daily between 10:00 p.m. and 7:00 a.m., and all day on Sundays and Holidays, except under emergency circumstances as approved by the Public Works Maintenance Manager.
2.00 HOLIDAY SCHEDULES
2.01 In observance of City Holiday’s, City Hall will be closed as follows (observance days subject to change each calendar year):
New Year’s Day Labor Day
Martin Luther King Jr Day Veteran’s Day
President’s Day Thanksgiving Day
Memorial Day Thanksgiving Friday
Independence Day Christmas Day
3.00 MAINTENANCE SCHEDULES
3.01 Graffiti removal schedules will be determined daily by City staff received through, phone calls, emails, Ask Lake Forest tickets, and/or reports from other departments and other City staff members.
3.02 Monthly steam cleaning services of all Etnies Skate Park skating surfaces which include, but is not limited to railings, blocks, ramps, ledges, and stairs.
3.03 Monthly steam cleaning services on all City-owned Arbor Structures located along El Toro Road. Contractor shall show care to not damage the plant material and/or lights on the Arbor structures. This does not include the northeast and southeast corners of El Toro Road and Rockfield Boulevard.
3.04 Annual steam cleaning of decorative pavement/cross walks in the Arbor on El Toro Road from Rockfield Boulevard to Muirlands Boulevard and on Rockfield Boulevard between El Toro Road and Los Alisos Boulevard shall be conducted between the hours of 10 DocuSign Envelope ID: B8882216-54DB-4ADD-A40E-2E7BFD888A70 Item: 11
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p.m. and 5 a.m. Contractor must coordinate traffic control with City personnel a minimum of 72 hours in advance.
5. Twice per year steam cleaning services on the following City owned park gazebos.
3.05.1 City-owned park gazebos:
No. Parks No. of
Gazebos
1. Alton Park 1
2. Baker Ranch Community Park 2
3. Cherry Park 1
4. Concourse Park 2
5. Darrin Park 1
6. El Toro Park 1
7. Mountain View Park 1
8. Nature Park 1
9. Peachwood Park 1
10. Pittsford Park 1
11, Portola Park 1
11. Rimgate Park 1
12. Serrano Creek Park 1
6. Weekly steam clean of the sidewalk around the pond and surrounding the park at Veterans Park. Veterans Park is located at 23102 Ridge Route Drive. Contractor must collect all wastewater generated and in no circumstances should it enter the pond.
7. Twice per year steam cleaning of all pavement/gazebos/courts at the Lake Forest Sports Park.
8. Twice per year gum removal from all pavement/sidewalks in and surrounding all City parks. Gum should be spot cleaned.
9. Twice per year steam cleaning of the following City’s interior/exterior parks restrooms.
3.09.1 City’s parks’ restrooms:
No. Parks No. of
Restrooms
1. Baker Ranch Community Park 1
2. Borrego Park 1
3. Concourse Park 1
4. El Toro Park 1
5. Etnies Skatepark of Lake Forest 1
6. Foothill Ranch Community Park 1
7. Heroes Park 1
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8. Lake Forest Sports Park (outdoor restrooms near turf fields and baseball fields)
2 9. Mountain View Park 1
10. Pittsford Park 1
11. Portola Park 1
11. Rimgate Park 1
12. Serrano Creek Park 1
13. Tamarisk Park 1
10. Daily sticker removal, as seen by driving through City, from all City structures including street signs.
11. As requested, washing of Civic Center Round-A-Bout, entrance overhead, stone pilasters, atrium beams, restrooms, driveways, walkways and fireplace as requested. Civic Center located at 100 Civic Center Drive. The work shall be considered as extra work and will require the Contractor to submit a cost proposal to the City for approval.
Failure to comply with the scope of work in Exhibit B shall be $400 per incident per day.
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70 55136.00200\31919334.1 Exhibit “C”-1-
EXHIBIT “C”
COMPENSATION
Contractor shall be paid for services rendered in accordance with Section 3.3 of the Agreement and as described in Exhibit “A” Scope of services, for the not to exceed fee of four hundred forty- six thousand one hundred dollars ($446,100) and based on the following rates.
Item
No. Item of Work
*Estimated
Quantity and
Units
Unit Price Extended Total
1 Cost of labor for 24 hr. graffiti removal
(Monday-Friday, 8:00 a.m. – 5:00 p.m.)
800
Incidents
(estimated)
$__70_____
(per incident)
$___56,000___
(Unit Price x
800)
2 Cost of emergency, holiday or “After
hours” labor for graffiti removal
40 hours
(estimated)
$__125___
(per hour)
$__5,000___
(Unit Price x 40)
3 Steam clean Etnies Skate Park Monthly $___1,500___ $__18,000___ (Unit Price x 12)
4 Steam clean the Arbor structures, bus
shelter structures, trash cans, flower
pots, pedestals, and seating niches at
the Abor along El Toro Road
Monthly $___1,500___ $_18,000_ _
(Unit Price x 12)
5 Steam clean decorative street pavement
board/crosswalk at the Arbors along El
Toro Road
Annually $__1,500____ $_1,500_______
(Unit Price x 1)
6 Steam clean park gazebo structures Twice Per
Year $__1,500___ $__3,000_____
(Unit Price x 2)
7 Steam clean sidewalks bordering the
park, within the park, and around the
pond at Veterans Park
Weekly $__400____
$__20,800___
(Unit Price x 52)
8 Steam cleaning of all
pavement/gazebos/sports courts at the
Lake Forest Sports Park
Twice Per
Year $_1,500___ $__3,000____
(Unit Price x 2)
9 Gum removal spot cleaning from all
pavement/sidewalks in and surrounding
identified City parks
Twice Per
Year $_1,500___ $__3,000____
(Unit Price x 2)
10 Steam cleaning of the City’s
interior/exterior park restrooms Monthly $__1,200__ $__14,400_____ (Unit Price x 12)
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11 Pressure wash/steam clean dumpsters
and dumpster enclosures Quarterly $__300__
$__1,200____
(Unit Price x 4)
12 Additional steam cleaning/pressure
washing – on call/as needed (Includes
Civic Center)
60 hours
(estimated)
$___80___
(per hour)
$__4,800___
(Unit Price x 60)
ANNUAL
TOTAL
$__148,700__
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.
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72 55136.00200\31919334.1 Exhibit “D”-1-
EXHIBIT “D”
SPECIAL PROVISIONS
CITY OF LAKE FOREST
GRAFFITI REMOVAL AND STEAM CLEANING MAINTENANCE SERVICES
SPECIAL PROVISIONS TO THE MAINTENANCE AGREEMENT
1.00 CONTRACTOR'S STAFF AND TRAINING
1.01 Contractor shall provide a minimum of one two-person crew, one vehicle and all other equipment, tools, materials, supplies and chemicals to perform citywide graffiti removal and steam cleaning maintenance services. Crew will work a regular eight (8) hour shift Monday through Friday.
1.02 Each crew of Contractor's employees shall include at least one individual who speaks the English language proficiently. For the purposes of this section, a crew is understood to be any two individual workers or group of workers who might service any site without other Contractor's supervisory personnel present.
1.03 The maintenance crew will interface daily with the Public Works Maintenance Manager or his/her authorized representative, to receive instructions on locations and schedules for graffiti inspection and/or removal.
1.04 Crew will log each incidence of graffiti and provide a copy to City as directed.
1.05 The City may at any time order any of the Contractor’s personnel removed from the premises when, in the reasonable belief of the City, said Contractor’s personnel are objectionable, unruly, unsafe, or otherwise detrimental to the interest of the City or the public patronizing the premises.
1.06 The Contractor shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the Contractor’s company name and employee name badges as approved by the City. Sufficient changes shall be provided to present a neat and clean appearance of the Contractor’s personnel at all times. Shirts shall be worn and buttoned at all times. Contractor’s personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. Brightly colored traffic vests or reflectors shall be worn when personnel are working near vehicular traffic.
2.00 SAFETY
2.01 The Contractor shall provide safe access and egress for City of Lake Forest employees or members of the public while work is in progress at City facilities. The Contractor agrees to be responsible for providing and installing any safety or cautionary equipment necessary to prevent unauthorized access to work areas including common public areas.
2.02 For duties within the public right -of-way, the Contractor shall submit traffic control plans for the City’s review and approval. Once approved the Contractor shall provide and install traffic control per the approved plans. Failure to install per the approved plans can result in a performance deductions.
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3.00 TRAFFIC CONTROL
3.01 Prior to any work in the public right-of-way, the Contractor shall submit typical traffic control plans for approval for work performed in the City right-of-way. The Contractor shall submit supplementary traffic control plans for unusual circumstances that are out of the ordinary for right-of-way maintenance. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (latest version). The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. Payment shall be included in the lump sum price and no additional payments will be made.
3.02 When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way shall be removed from the traveled way and shoulder at the end of the work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the City, within the limits of the right-of-way.
3.03 The Contractor shall comply with all requirements of the City and shall bear all costs of required traffic control including, but not limited to signs, cones, portable markers, flagmen, etc.
4.00 COMMUNICATIONS AND EMERGENCY RESPONSE
4.01 The Contractor shall, during the term of this Contract, maintain two seven (7) days per week twenty-four (24) hour emergency telephone numbers, toll free to an Orange County region area code, at which the Contractor or Contractor’s responsible employee may be contacted at any time, twenty-four hours per day, to take the necessar y action regarding all inquiries, complaints and the like, that may be received from the City or other City personnel. For hours beyond a normal business day, an answering service shall be considered an acceptable substitute for full time twenty-four hour coverage, provided that the Contractor responds to the City by return call within one hour of the City’s original call and arrive onsite within two hours of the original call. Failure to respond will lead to possible deductions.
4.02 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the City. If any complaint is not abated within 24 hours, the Contractor shall notify the City immediately of the reason for not abating the com plaint followed by a written report within five (5) working days. If the complaints are not abated within the time specified or to the satisfaction of the City, the City may correct the specific complaint and the total cost incurred will be deducted and forfeit from payments owing to the Contractor from the City.
4.03 The Contractor shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non -action. Said log of complaints shall be available for review at the discretion of the City at all reasonable times.
5.00 NON-INTERFERENCE - NOISE
5.01 Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possibl e obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed.
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5.02 In the event that the Contractor’s operations must be performed when persons of the public are present, Contractor shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area.
5.03 Contractor shall be subject to local ordinances regarding noise levels with regard to equipment operations. Contractor shall not use any power equipment prior to 7:00 a.m. or later than 10:00 p.m., except under emergency circumstances. Further, any schedule of such operations may be modified by Public Works Maintenance Manager in order t o ensure that the public is not unduly impacted by the noise created by such equipment.
6.00 CONTRACTOR'S DAMAGES
6.01 All damages incurred to existing facilities, equipment or landscape by the Contractor’s operation shall be reported in writing by the end of the working day. All damages shall be repaired or replaced, by the Contractor, all at the discretion of the Public Works Maintenance Manager, all at the Contractor's expense.
7.00 INSPECTIONS, MEETINGS, & REPORTS
7.01 City reserves the right to perform inspections, including inspection of Contractor’s equipment, at any time for the purpose of verifying Contractor’s performance of Contract requirements, identifying deficiencies, and access deductions as necessary.
7.02 Contractor will provide supervisory spot inspections as needed to maintain quality assurance.
7.03 The Contractor or his/her authorized representative shall meet with the City on each site at the discretion and convenience of the City, for walk-through inspections at no additional costs to the City.
7.04 At the request of the City, the Contractor, or his/her appropriate representative, shall attend meetings and/or training sessions, as determined by the City, for purposes of orientation, information sharing, Contract revision, description of City policies, procedures, standards, and the like at no additional costs to the City.
7.05 Contractor shall provide to the City such written documentation and/or regular reports, as the City deems necessary to verify and review C ontractor’s performance under this Contract and to provide to the City pertinent information relative to the maintenance, operation, and safety of the City’s property. All reports, logs, tools, etc. shall be maintained and submitted in a City approved electronic format at no additional costs to the City.
7.06 Contractor will provide weekly and monthly reports detailing the graffiti removal actions of the crew. These reports will include the following information:
a. Location
b. Date and time of initial site inspection
c. Date and time of removal
d. Surface type and approximate size of graffiti site
e. Photo of graffiti
f. Removal method used
g. Name of crew members performing removal and logging information h. Date and time of supervisory inspection
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i. Name of supervisor performing inspection
7.07 Contractor will be required to document and produce digital photographs (dated) of the graffiti and job site before and after removal using a GPS enabled smartphone/tablet or other appropriate device, provided by the contractor. The photograph shall include a clear image of the graffiti, including the moniker, as well as a distant photo that clearly identifies the equipment the graffiti is placed on.
7.08 Contractor will be required to obtain a copy of the Orange County Sheriff’s Department T.A.G.R.S. database and load that program on the smartphone/tablet. Contractor shall include applicable information in all available fields for each T.A.G.R.S. entry. The Contractor is required to reconcile the T.A.G.R.S. incidents to ensure the program is accurate and up to date monthly. Discrepancies in the program are to be resolved between the Contractor and the Orange County Sheriff’s Department T.A.G.R.S. representative. Copies of said photos and reports shall be submitted to the City digitally in an approved format
7.09 Contract may be required to use the City’s asset management/work order system. Cell phones/tablets, provided by the Contractor, shall have the capability to take photographs and be used in documenting work within the system.
8.00 ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES
8.01 The Public Works Maintenance Manager and/or his/her authorized representative shall be responsible for the enforcement of this Contract on behalf of the City. In addition to deductions stipulated in other sections of this agreement, the Public Works Maintenance Manager may enforce deductions in accordance with this Section.
8.02 If, in the judgment of the City, the Contractor is deemed non-compliant with the terms and obligations of the Contract, the City, may, in addition to other remedies provided herein, deduct up to pro-rata from the Contractor's invoice for work not performed, and/or deduct liquidated damages. Notification of the amount to be withheld or deducted from payments to Contractor will be forwarded to the Contractor by the City in a written notice describing the reasons for said action. The written notice shall pro vide the City’s reason for any deductions so imposed. Work will be considered not to have been performed when any of the following but not limited to conditions exists:
The work tasks in an area were not performed in strict accordance with the performance standards.
Work tasks were not performed in their entirety.
The specified equipment, tools, and chemicals were not used or were not in good operating condition.
The tasks were not performed within the scheduled work shift or within the specified timeframe.
Graffiti is not properly or adequately documented prior to its removal for the purposes of updating the graffiti tracker database.
Failure to comply with water quality standards.
4. In the event of non -performance of work by the Contractor, th e City will have the right to exercise one of the following options:
The Contractor shall, within two (2) hours, correct such non -performance upon notification by the City and the City shall make no deductions for that non - performance.
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The City shall correct the non-performance by using another Contractor, or by other means it deems necessary and reasonable. Direct costs incurred by the City for the performance of such work shall be deducted from payments made to the Contractor.
The City shall allow the non-performance to remain uncorrected and shall make a deduction from payments to the Contractor.
8.05 The action above shall not be construed as a penalty but as adjustment of payment to Contractor to recover cost or loss due to the failure of the Contractor to complete or comply with the provisions of this Contract.
8.06 Failure of the City during the process of the Agreement to discover or reject unacceptable work, or work not in accordance with the Agreement, shall not be deemed an acceptance thereof nor a waiver of the City’s right to a proper execution of the Agreement or any part of it by the Contractor.
Failure to comply with the scope of work in Exhibit D shall be $400 per incident per day.
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77 55136.00200\31919334.1 Exhibit “D”-1-
EXHIBIT “E”
INSURANCE REQUIREMENTS
1.1 Insurance.
1.1.1 Time for Compliance . Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
1.1.2 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Offi ce “occurrence” form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers’ Compensation: Workers’ Compensation
Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), p roperty damage, defense costs and cleanup costs with minimum limits of $5,000,000 per loss and $10,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.
If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercise d for a period of at least three (3) years from termination or expiration of this Agreement.
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78 55136.00200\31919334.1 Exhibit “D”-2-
1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add t he following provisions to the insurance policies:
(A) Commercial General Liability and Contractor’s Pollution Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements prov iding the exact same coverage) to effectuate this requirement.
Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
1.1.4 Primary and Non -Contributing Insurance . All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, age nts or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
1.1.5 Waiver of Subrogation . All required policies of Commercial General Liability and Automobile Liability insurance shall co ntain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their righ t of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.
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79 55136.00200\31919334.1 Exhibit “D”-3-
1.1.6 Deductibles and Self -Insured Retentions. Any deductible or self -insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same exten t as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
1.1.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fiftee n (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to av oid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
1.1.9 Acceptability of Insurers . Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
1.1.10 Enforcement of Contract Provisions (non estoppel) . Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.
1.1.11 Requirements Not Limiting . Requirement of spe cific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
1.1.12 Insurance for Subcontractors. Contractor shall include all subco ntractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor’s policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the t erms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor’s policies. All policies of Commercial General Liability insurance provided by Contracto r’s subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has DocuSign Envelope ID: B8882216-54DB-4ADD-A40E-2E7BFD888A70 Item: 11
80 55136.00200\31919334.1 Exhibit “D”-4-
received satisfactory evidence of s ubcontractor’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.
DocuSign Envelope ID: B8882216-54DB-4ADD-A40E-2E7BFD888A70 Item: 11
81 Attachment 2
Item: 11
82 Contact #1: Contact #2: Contact #4:
Agency: City of Anaheim City of Irvine City of Santa Ana Contact Info: Rafael Avila Lora Rivera Kevin Eaton
(714) 765-4424 (949) 724-6626 (714) 571-4223
QUESTIONS RESPONSE RESPONSE RESPONSE
1. What were the services
performed? Graffiti Abatement Graffiti Abatement Graffit Abatement & Pressure Washing
2. How would you rate the quality
of work?
(1-10, 10 being best)
Very good Very good Good
3. Did the firm meet all
deadlines? (Yes/No) Yes Yes Yes
4. Was day-to-day
communication with the firm
satisfactory? (Yes/No)
Yes Yes Yes
5. Were there any issues with
the firm? (Yes/No) (No, please
explain.)
No Issues, very
responsive. No No Issues
6. Do you have any additional
comments or information
regarding your experience with
the firm?
Satisfied with service. Act
immediately to remedy any
issues.
Good contractor to work
with. Very Responsive
DATE: 5/1/2023
CITY OF LAKE FOREST
DEPARTMENT OF PUBLIC WORKS
Graffiti Removal and Steam Cleaning Services
SUPERIOR PROPERTY SERVICES REFERENCE CHECK
Item: 11
83 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/16/2023
DEPARTMENT: Public Works
SUBJECT:
FOURTH AMENDMENT TO THE AGREEMENT WITH BRIGHTVIEW
LANDSCAPE SERVICES, INC. FOR SPORTS PARKS LANDSCAPE
MAINTENANCE SERVICES
RECOMMENDED ACTION(S):
1. Approve the Fourth Amendment to the Agreement for Sports Parks Landscape Maintenance Services with Brightview Landscape Services, Inc.
2. Authorize the Mayor to sign, and the City Clerk to attest, the Fourth Amendment substantially in the form attached.
EXECUTIVE SUMMARY:
Brightview Landscape Services, Inc. (“Brightview”) is the City’s current landscape maintenance contractor for Citywide Sports Parks Landscape Maintenance Services, providing general daily maintenance, weed control, turf grass maintenance, limited tree pruning, pest and rodent control, fertilization, irrigation facilities maintenance, infield maintenance, and maintenance of drainage facilities. The original three-year Agreement for Maintenance Services with Brightview (“Agreement”) was approved by the City Council on June 18, 2019, with a compensation amount of $3,270,384.66 and two optional one-year extensions. The proposed Fourth Amendment would utilize the remaining extension and add an additional eighteen months to the term of the Agreement at the City Council’s discretion. Changing the agreement end date to December would allow the City to transition contractors (after a selection process) much easier in the winter than in the middle of the summer sports field renovations.
Staff’s goal is to transition landscape contracts to begin in January when there is less activity, thus facilitating an easier transition to a potentially new contractor(s).
The current compensation amount in the Agreement is $4,330,546.00. The proposed Fourth Amendment would increase the compensation amount by $1,678,418.33for a new total compensation amount of $6,008,964.33and extend the term by an additional eighteen months. If approved, the new expiration date for the Agreement would be December 31, 2024. The Fourth Amendment would increase monthly park maintenance rates by 4.9%, which is in accordance with Item: 12
84 the Consumer Price Index-based increase procedure described in the Agreement.
BACKGROUND:
On June 18, 2019, the City Council approved a three-year Agreement with Brightview Landscape Services, Inc. valued at $3,270,384.66 (Attachment 1).
The City Council approved the First Amendment on October 6, 2020, which altered the scope of work and added $84,000 in compensation for the maintenance of the new Portola Park, bringing the total compensation amount to $3,354,384.66 (Attachment 2). The City Council approved the Second Amendment on November 1, 2020, to reduce the scope of work and compensation amount by $138,343.47 as part of the City’s cost reductions in response to anticipated pandemic-related hardships. The City Council approved the Third Amendment on May 17, 2022, which exercised the first of two one-year optional extensions and increased the compensation amount to $4,330,546.00 to cover the costs of the additional year of services. The Third Amendment also added park restroom janitorial services and added scope of work for pending State requirements relating to the use of SB 1383-compliant compost and mulch.
DISCUSSION:
Brightview’s current scope of work for the sports parks in the Agreement includes regularly scheduled landscape maintenance; managing the City’s irrigation system; landscape repairs; emergency responses; aerating; dethatching; over- seeding all turf grass; tree management; and providing pest and rodent control.
The proposed Fourth Amendment would extend the term of the Agreement by one year and six months, utilize the remaining optional extension, increase monthly park maintenance unit prices by 4.9% due to increases in the CPI, and add $1,678,418.33 in compensation.
The proposed Fourth Amendment would extend the expiration date of the Brightview Agreement to December 31, 2024 (an 18-month extension). This would utilize the final optional one-year extension and add an additional six months at the City Council’s discretion. The additional six months are being proposed to move the term expiration date to the winter. Brightview performs intensive sports field renovations in the summer months, and should the City change contractors, it would be more advantageous for a new contractor to begin in January instead of July. This would also allow a new contractor more time to become familiar with the City’s parks prior to performing more intensive landscaping and turf maintenance work in the spring. Adjusting the term expiration schedule would also reduce the number of contract expirations occurring on the last day of the fiscal year. With the implementation of a two-year Item: 12
85 operating budget, it is no longer as necessary to link contract terms to fiscal years.
The proposed Fourth Amendment with Brightview includes a 4.9% increase to monthly park maintenance unit prices, which is in accordance with the Consumer Price Index-based adjustment described in the Agreement. The Fourth Amendment would add an additional $1,678,418.33 to provide sufficient compensation for 18 months of landscape maintenance services, which would bring the total compensation amount to $6,008,964.33.
Staff believes that Brightview‘s performance has met or exceeded the Agreement’s scope of work relative to the responsibilities associated with sports park landscape maintenance services. Throughout the term of the Agreement, Brightview demonstrated its willingness to respond quickly to requests for service and consistently completed all requested work in a professional manner.
Brightview provides excellent customer service and has demonstrated a readiness to keep the City’s sports parks safe and attractive for park users. The chart below provides an overall summary of Brightview’s performance since the most recent amendment.
Brightview Landscape Services, Inc. Performance Assessment May 17, 2022, through April 18, 2023
Category Rating
Performance of Scope of Services ☐ Unsatisfied ☐ Satisfied ☒ Very Satisfied ☐ N/A
Timeliness ☐ Unsatisfied ☐ Satisfied ☒ Very
Satisfied ☐ N/A
Budget Performance ☐ Unsatisfied ☐ Satisfied ☒ Very
Satisfied ☐ N/A
Customer Service ☐ Unsatisfied ☐ Satisfied ☒ Very
Satisfied ☐ N/A
Consistent with the City’s Purchasing and Contracting Guidelines, the Finance Department prepared the Fourth Amendment and the City Attorney reviewed and approved it as to form. Staff recommends the City Council approve the proposed Fourth Amendment.
FISCAL IMPACT:
Approval of the Fourth Amendment to the Brightview Agreement would increase the compensation amount by $1,678,418.33 , bringing the total compensation amount to $6,008,964.33 . The Fourth Amendment would also increase monthly Item: 12
86 park maintenance unit prices by 4.9% in accordance with Consumer Price Index- based adjustment process described in the Agreement. If approved, sufficient funding to cover the costs of the Fourth Amendment would be requested in the future 2023-2025 Operating Budget.
ATTACHMENTS:
1. Agreement with Brightview Landscape Services
2. First Amendment to the Agreement with Brightview Landscape Services
3. Second Amendment to the Agreement with Brightview Landscape Services
4. Third Amendment to the Agreement with Brightview Landscape Services
5. Fourth Amendment to the Agreement with Brightview Landscape Services Initiated By: Jonathan Poole, Senior Management Analyst Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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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 Brightview Landscape Services, Inc., a California corporation, with its principal place of business at 1960 S. Yale Street, Santa Ana, California 92704 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for Maintenance Services dated June 18, 2019 (“Agreement”).
2.2 First Amendment. The Parties entered into that certain First Amendment in order to expand the scope of work, increase the total amount of compensation under the Agreement, and update the Delivery of Notices dated October 6, 2020 (“First Amendment”).
2.3 Second Amendment. The Parties entered into that certain Second Amendment in order to reduce the scope of work and the total amount of compensation dated November 1, 2020 (“Second Amendment”).
2.4 Third Amendment. The Parties entered into that certain Third Amendment to extend the term of the Agreement, expand the scope of services, and increase the total amount of compensation dated May 17, 2022 (“Third Amendment”).
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 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 December 31, 2024 , 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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185
55136.00200\31919338.1 - 2 -
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 SIX
MILLION EIGHT THOUSAND NINE HUNDRED SIXTY -FOUR
DOLLARS AND THIRTY-THREE CENTS ($6,008,964.33) 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.
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186
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CITY OF LAKE FOREST
BRIGHTVIEW LANDSCAPE SERVICES, INC.
By:
Doug Cirbo
Mayor
By:
Fred Freund
President
ATTEST:
By:
Lisa Berglund
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
DocuSign Envelope ID: 6DCAEED8-1958-47BC-A5AC-DC7E5C2A2C3C Item: 12
187
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 in Exhibit “A” Scope of Services, for the not to exceed amount fee of six million eight thousand nine hundred sixty-four dollars and thirty-three cents ($6,008,964.33) and based on the following rates.
Description Unit of Measure Quantity Unit Cost
Fourth
Amendment
– Total Costs
for 7/1/2023 -
12/31/2024
Baker Ranch Community Park
General/Daily Maintenance Daily 550 $70.44 $38,742.00
Weed Control Weekly 78 $123.60 $9,640.80
Turf Grass Maintenance Weekly 78 $865.20 $67,485.60
Landscape Maintenance Weekly 78 $469.69 $36,635.82
Pest/Rodent Control Monthly 18 $428.49 $7,712.82
Irrigation System Maintenance Weekly 78 $173.04 $13,497.12 Fertilization Monthly 18 $321.36 $5,784.48
Infield Maintenance Lump Sum 1.5 $8,998.18 $13,497.27
3rd Amendment - Park
Restroom Janitorial Services Daily 550 $13.64 $7,502.00 Subtotal $200,497.91
Borrego Park
General/Daily Maintenance Daily 550 $60.37 $33,203.50
Weed Control Weekly 78 $105.95 $8,264.10
Turf Grass Maintenance Weekly 78 $741.61 $57,845.58
Landscape Maintenance Weekly 78 $402.59 $31,402.02
Pest/Rodent Control Monthly 18 $275.46 $4,958.28
Fertilization Monthly 18 $367.28 $6,611.04
Irrigation System Maintenance Weekly 78 $127.13 $9,916.14 Infield Maintenance Lump Sum 1.5 $1.05 $1.58
Wood Fiber Playground Chips Cu Yds. 225 $57.70 $12,982.50 3rd Amendment - Park
Restroom Janitorial Services Daily 550 $8.39 $4,614.50 Subtotal $169,799.24
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188
55136.00200\31919338.1 Attachment “1”-2
Description Unit of Measure Quantity Unit Cost
Fourth
Amendment -
Total Costs
for 7/1/2023 -
12/31/2024
Foothill Ranch Community Park
General/Daily Maintenance Daily 550 $100.62 $55,341.00 Weed Control Weekly 78 $176.58 $13,773.24
Turf Grass Maintenance Weekly 78 $1,236.02 $96,409.56
Landscape Maintenance Weekly 78 $670.98 $52,336.44
Pest/Rodent Control Monthly 18 $459.09 $8,263.62
Fertilization Monthly 18 $612.12 $11,018.16
Irrigation System Maintenance Weekly 78 $211.89 $16,527.42 Infield Maintenance Lump Sum 1.5 $14,691.30 $22,036.95 Wood Fiber Playground Chips Cu Yds. 225 $57.70 $12,982.50 3rd Amendment - Park
Restroom Janitorial Services Daily 550 $13.64 $7,502.00 Subtotal $296,190.89
Heroes Park
Subtotal $114,155.31
Rancho Serrano Park
General/Daily Maintenance Daily 550 $45.29 $24,909.50
Weed Control Weekly 78 $95.35 $7,437.30
Turf Grass Maintenance Weekly 78 $556.21 $43,384.38
Landscape Maintenance Weekly 78 $381.40 $29,749.20
Pest/Rodent Control Monthly 18 $344.31 $6,197.58
Fertilization Monthly 18 $275.46 $4,958.28
Irrigation System Maintenance Weekly 78 $95.35 $7,437.30 Subtotal $124,073.54
Rimgate Park
General/Daily Maintenance Daily 550 $40.25 $22,137.50
Weed Control Weekly 78 $70.63 $5,509.14
Turf Grass Maintenance Weekly 78 $494.40 $38,563.20
Landscape Maintenance Weekly 78 $339.02 $26,443.56
Pest/Rodent Control Monthly 18 $306.06 $5,509.08
Fertilization Monthly 18 $244.85 $4,407.30
Irrigation System Maintenance Weekly 78 $98.88 $7,712.64 Wood Fiber Playground Chips Cu Yds. 225 $57.70 $12,982.50
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189
55136.00200\31919338.1 Attachment “1”-3
Description Unit of Measure Quantity Unit Cost
Fourth
Amendment -
Total Costs
for 7/1/2023 -
12/31/2024
3rd Amendment - Park
Restroom Janitorial Services Daily 550 $9.44 $5,192.00 Subtotal $128,456.92
Tamarisk Park
General/Daily Maintenance Daily 550 $47.79 $26,284.50
Weed Control Weekly 78 $109.03 $8,504.34
Turf Grass Maintenance Weekly 78 $587.10 $45,793.80
Landscape Maintenance Weekly 78 $327.10 $25,513.80
Pest/Rodent Control Monthly 18 $254.41 $4,579.38
Irrigation System Maintenance Weekly 78 $92.26 $7,196.28 Infield Maintenance Lump Sum 1.5 $5,233.63 $7,850.45
Wood Fiber Playground Chips Cu Yds. 225 $57.70 $12,982.50 3rd Amendment - Park
Restroom Janitorial Services Daily 550 $9.44 $5,192.00 Subtotal $143,897.05
Regency Park
General/Daily Maintenance Daily 550 $75.47 $41,508.50
Weed Control Weekly 78 $132.43 $10,329.54
Turf Grass Maintenance Weekly 78 $927.01 $72,306.78
Landscape Maintenance Weekly 78 $635.66 $49,581.48
Pest/Rodent Control Monthly 18 $573.87 $10,329.66
Fertilization Monthly 18 $459.09 $8,263.62
Irrigation System Maintenance Weekly 78 $185.40 $14,461.20 Infield Maintenance Lump Sum 1.5 $1.05 $1.58
Organic Materials Weekly 78 $131.13 $10,228.14
Subtotal $217,010.50
Portola Park (1st Amendment
Addition)
Monthly 18 $2,402.21 $43,239.78
3rd Amendment - Portola Park
Restroom Janitorial Services Daily 550 $9.44 $5,192.00 Subtotal $48,431.78
Portola Park Dog Park (1st
Amendment Addition)
Monthly 18 $1,793.79 $32,288.22
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190
55136.00200\31919338.1 Attachment “1”-4
Description Unit of Measure Quantity Unit Cost
Fourth
Amendment -
Total Costs
for 7/1/2023 -
12/31/2024
2nd Amendment Service Cost
Reductions Monthly 18 ($4,208.84) ($75,759.12)
3rd Amendment - Extra On-Call
Restroom Cleaning Services Each 30 $36.72 $1,101.60
Subtotal Annual Landscape
Maintenance $1,400,143.83
Irrigation System
Rainbird Falcon 6504 SS Each 1125 $25.00 $28,125.00
Rainbird 5000 plus SS Each 1425 $15.00 $21,375.00
Rainbird RD1812 SAM PRS Each 375 $13.00 $4,875.00
Rainbird RD1806 SAM PRS Each 675 $8.00 $5,400.00
Rainbird 1" RCV EFB-CP Each 18 $105.00 $1,890.00
Rainbird 1 ½" RCV EFB-CP Each 30 $145.00 $4,350.00
Rainbird 2" RCV EFB-CP Each 27 $190.00 $5,130.00
Rainbird ¾" QCV Each 19 $69.00 $1,311.00
Rainbird 1" QCV Each 9 $78.00 $702.00
Rainbird 1" Diaphragm EFB-CP Each 19 $39.00 $741.00
Rainbird 1 ½" Diaphragm EFB-CP Each 24 $155.00 $3,720.00 Rainbird 2" Diaphragm EFB-CP Each 6 $198.00 $1,188.00
Rainbird RCV Solenoid B Each 45 $29.00 $1,305.00
Rainbird 1800 Spray Nozzle Each 450 $0.95 $427.50
Hunter PGP-12 Ultra Each 630 $22.00 $13,860.00
Hunter I-25-06-SS Each 750 $38.00 $28,500.00
Hunter PGP-00Ultra Each 645 $6.00 $3,870.00
Hunter MP Rotator Nozzle Each 255 $6.50 $1,657.50
2" Brass Ball Valve Flat 15 $60.00 $900.00
1-1/2" Brass Ball Valve Each 9 $38.00 $342.00
Rectangular RCV Box w/lid Each 45 $29.00 $1,305.00
Round QCV Box w/lid Each 30 $15.00 $450.00
Subtotal Irrigation System $131,424.00
Plant and Turf Material Installed
Annual Color Each 127 $15.50 $1,968.50
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55136.00200\31919338.1 Attachment “1”-5
Description Unit of Measure Quantity Unit Cost
Fourth
Amendment -
Total Costs
for 7/1/2023 -
12/31/2024
One (1) gallon shrub Each 3750 $6.00 $22,500.00
Five (5) gallon shrub Each 2250 $14.50 $32,625.00
Fifteen (15) gallon shrub Each 45 $78.00 $3,510.00
Twenty-four (24) inch box tree w/
stakes and ties Each 22 $200.00 $4,400.00
Thirty-six (36) inch box tree w/
stakes and ties Each 7 $510.00 $3,570.00
Tree trimming per ASA standards
all sizes Each 450 $95.00 $42,750.00
Tree removal all sizes Each 37 $250.00 $9,250.00
Install mulch Yard 2250 $8.00 $18,000.00
3rd Amendment - Recycled Mulch Cu Yds. 1381 $38.00 $52,478.00 Rototill Sq. Feet 7500 $0.07 $525.00
Soil Test Each 37 $100.00 $3,700.00
Mechanical trenching Linear Feet 300 $1.08 $324.00
2nd Amendment Plant and Turf Material Cost Reductions ($48,750.00) Subtotal Plant and Turf Material $146,850.50
Total Cost 18 Month Extension (4th Amendment) $1,678,418.33
Original Agreement - Total Compensation $3,270,384.66 First Amendment - Total Compensation $3,354,384.66
Second Amendment - Total Compensation $3,216,041.19 Third Amendment - Total Compensation $4,330,546.00
Fourth Amendment - Total Compensation $6,008,964.33
SUPPLEMENTAL LABOR RATES
Position Normal Business
Hours Rate
Emergency Response/After
Hours Rate
Landscape Maintenance Supervisor $ 45.00 $ 67.50 Landscape Foreman $ 35.00 $ 52.50 Irrigation Specialist $ 50.00 $ 75.00 Landscape Maintenance Laborer $ 30.00 $ 45.00
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/16/2023
DEPARTMENT: Public Works
SUBJECT:
FIFTH AMENDMENT TO THE AGREEMENT WITH BRIGHTVIEW LANDSCAPE SERVICES, INC. FOR LAKE FOREST SPORTS PARK MAINTENANCE
RECOMMENDED ACTION(S):
1. Approve the Fifth Amendment to the Agreement with Brightview Landscape Services, Inc., for Lake Forest Sports Park Landscape Maintenance Services.
2. Authorize the Mayor to sign, and the City Clerk to attest the Fifth Amendment with Brightview Landscape Services, Inc., substantially in the form attached.
EXECUTIVE SUMMARY:
Brightview Landscape Services, Inc. (“Brightview”) is the City’s current landscape maintenance contractor for the Lake Forest Sports Park under an agreement approved by the City Council on June 5, 2018 (Attachment 1). The three-year Agreement for Maintenance Services with Brightview (“Agreement”) allowed for two one-year optional extensions based on performance. The City Council approved four amendments to the agreement, including utilizing both optional one-year extensions extending the term to June 30, 2023, which added a total of $1,924,295.94 in additional compensation for a total compensation amount of $4,779,500 (Attachments 2-5).
The proposed Fifth Amendment to the Agreement would add six months to the term of the Agreement and add $532,603.49 to the compensation utilizing the same unit prices (Attachment 6). If approved, the Agreement would expire on December 31, 2023, and have a total compensation value of $5,312,103.49. The extension is proposed to shift the expiration date of the Agreement to the winter instead of the summer when intensive turf renovation activities occur. Sufficient funding would be proposed in the 2023-2025 Operating Budget to cover the costs of approving the Fifth Amendment.
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BACKGROUND:
The City Council awarded the existing Agreement with Brightview for landscape maintenance services at the Lake Forest Sports Park (“LFSP”) on June 5, 2018, with a compensation amount of $2,908,370.70. Table 1 below summarizes amendments made to the Agreement since inception. The First through the Fourth Amendments to the Agreement are included as Attachments 2 through 5 respectively.
Table 1: Brightview Amendments and Compensation
Agreement Description of
Action Taken
Compensation
Adjustment
Revised Total
Compensation
Amount
Original
Agreement Award of contract N/A $2,908,370.70
First
Amendment
Compensation
Reduction (COVID-
19)
($52,666.64) $2,855,704.06
Second
Amendment
First
Renewal/Sports
Park Services
$890,456.94 $3,746,161.00
Third
Amendment
Addition of
Fertigation $0.00 $3,746,161.00
Fourth
Amendment
Second
Renewal/Sports
Park Services
$1,033,339.00 $4,779,500.00
Fifth
Amendment
(Proposed)
Final Renewal
(6 Months) $532,603.49 $5,312,103.49
DISCUSSION:
Brightview’s current scope of work at the LFSP includes regularly scheduled landscape maintenance; managing the City’s irrigation system; landscape repairs; emergency responses; aerating; dethatching; over-seeding all turf grass; tree management; backflow repairs and certification; and providing pest and rodent control.
The proposed Fifth Amendment to the Agreement (Attachment 6) would extend the term of the Agreement for six months with no increase to contractual unit prices and would add $532,603.49. If approved, the Fifth Amendment would bring the total compensation amount to $5,312,103.49. Also, the term of the Agreement would be extended to December 31, 2023. The extension is Item: 13
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proposed at the City Council’s discretion to shift the expiration date of the Agreement to the winter instead of the summer when intensive turf renovation activities occur. Staff would then conduct a Request for Proposals (“RFP”) in the coming months to develop a new agreement for the City Council’s consideration.
Should the City change contractors after completing the RFP and awarding a new agreement, the new contractor would have additional time to become familiar with the City’s maintenance needs at LFSP. Significant turf renovations take place over the summer, which makes changing contractors when the existing Agreement expires on June 30 extremely difficult.
Staff believes that Brightview’s performance has met or exceeded the Agreement’s scope of work relative to the responsibilities associated with park landscape maintenance services. During the course of the Agreement, Brightview demonstrated its willingness to respond quickly to requests for service and consistently completed all work in a professional manner. Brightview provides good customer service and has demonstrated a high level of expertise which has kept the Lake Forest Sports Park in good condition.
Table 2 below provides an overall summary of Brightview’s performance since the most recent Amendment. Consistent with the City’s Purchasing and Contracting Guidelines (“Guidelines”), including vendor assessment, staff recommends approval of the Fifth Amendment to the Agreement with Brightview to ensure that the City can continue to provide landscape maintenance services at LFSP.
Table 2: Brightview Performance Assessment
Brightview Landscape Services, Inc. Performance Assessment May 17, 2022, through May 2, 2023
Category Rating
Performance of Scope of Services ☐ Unsatisfied ☐ Satisfied ☒ Very Satisfied ☐ N/A
Timeliness ☐ Unsatisfied ☐ Satisfied ☒ Very
Satisfied ☐ N/A
Budget Performance ☐ Unsatisfied ☐ Satisfied ☒ Very
Satisfied ☐ N/A
Customer Service ☐ Unsatisfied ☐ Satisfied ☒ Very
Satisfied ☐ N/A
Consistent with the Guidelines, the Finance Department prepared the Fifth Amendment and the City Attorney reviewed and approved it as to form.
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FISCAL IMPACT:
The Proposed Fifth Amendment would increase the compensation in the Agreement with Brightview by $532,603.49 for a new not-to-exceed compensation amount of $5,312,103.49. The Fifth Amendment does not provide an increase to any of the unit prices in the Agreement. Sufficient funding for the service would be proposed in the 2023-2025 Operating Budget.
ATTACHMENTS:
1. Agreement for Maintenance Services with Brightview Landscape Services, Inc.
2. First Amendment to the Agreement for Maintenance Services with Brightview Landscape Services, Inc.
3. Second Amendment to the Agreement for Maintenance Services with Brightview Landscape Services, Inc.
4. Third Amendment to the Agreement for Maintenance Services with Brightview Landscape Services, Inc.
5. Fourth Amendment to the Agreement for Maintenance Services with Brightview Landscape Services, Inc.
6. Fifth Amendment to the Agreement for Maintenance Services with Brightview Landscape Services, Inc.
Initiated By: Jonathan Poole, Senior Management Analyst Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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55136.00200\31919338.1 - 1 -
CITY OF LAKE FOREST
FIFTH AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES
1. PARTIES AND DATE.
This Fifth Amendment to the Agreement for Maintenance Services (“Fifth Amendment”) is entered into on the [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, CA 92630 (“City”) and Brightview Landscape Services, Inc., a California corporation, with its principal place of business at 1960 South Yale Street, Santa Ana, CA 92704 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for Maintenance Services dated June, 5, 2018 (“Agreement”).
2.2 First Amendment. The Parties entered into that certain First Amendment in order to reduce the scope of services, reduce the total compensation amount, and update the delivery of notices dated October 6, 2020 (“First Amendment”).
2.3 Second Amendment. The Parties entered into that certain Second Amendment in order to amend the Agreement in order to increase the total compensation amount and extend the term of the Agreement dated March 25, 2021 (“Second Amendment”).
2.4 Third Amendment. The Parties entered into that certain Third Amendment in order to amend the scope of services and update the compensation exhibit dated January 11, 2022 (“Third Amendment”).
2.5 Fourth Amendment. The Parties entered into that certain Fourth Amendment in order to extend the term of the Agreement and increase the total amount of compensation under the Agreement dated May 17, 2022 (“Fourth Amendment”).
2.6 Fifth 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.
3. TERMS.
3.1 Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
The term of this Agreement shall be from July 1, 2018 to December 31, 2023, 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.
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3.2 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Contractor shall receive compe nsation, 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 FIVE
MILLION THREE HUNDRED TWE LVE THOUSAND ONE
HUNDRED THREE DOLLARS AND FORTY -NINE CENTS
($5,312,103.49) 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 Fifth Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
CITY OF LAKE FOREST BRIGHTVIEW LANDSCAPE SERVICES, INC.
By: [AUTHORIZED CITY SIGNATURE]
Doug Cirbo
Mayor
By: [VENDOR SIGNATURE 1]
Fred Freund
President
ATTEST:
By: [CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
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55136.00200\31919338.1 Attachment “1”-1
ATTACHMENT “1” TO FIFTH 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 in Exhibit “A” Scope of Services, for the not to exceed fee of five million three hundred twelve thousand one hundred three dollars and forty -nine cents ($5,312,103.49) and based on the following rates.
Item
# Description Quantity Unit Unit
Prices
Fifth
Amendment –
Total Costs for
7/1/2023-
12/31/2023
Routine Maintenance
1a Daily Maintenance 183 Daily $351.57 $64,337.31
1b
1st Amendment Annual
Reduction: Reduce Annual
Sod installation to 50,000
SF
6 Monthly ($1,750.0
0) ($10,500.00)
2 Weed Control 26 Weekly $411.29 $10,693.54
3 Turf Grass Maintenance 26 Weekly $2,467.72 $64,160.72 4a Synthetic Grass
Maintenance 2 Quarterly $10,693.4
4 $21,386.88
5a Landscape Maintenance 26 Weekly $4,112.86 $106,934.36 6 Pest Control 6 Monthly $1,188.16 $7,128.96
7a Fertilization 6 Monthly $1,782.24 $10,693.44
7b
3rd Amendment Annual
Addition: Fertigation
Services
6 Monthly $1,492.00 $8,952.00
8 Irrigation Maintenance 26 Weekly $1,370.95 $35,644.70 9 Infield Maintenance 183 Daily $195.31 $35,741.73
10 Wood Fiber Playground
Chips 30 CU Yds. $65.00 $1,950.00
Extra Work
1 Hunter 1-40 90 EACH $50.00 $4,500.00
2 Rainbird 1806 87 EACH $14.00 $1,218.00
3 Rainbird 1812 112 EACH $16.00 $1,792.00
4 1 1/2 Brass Ballvalve 3 EACH $38.00 $114.00
5 2" Brass Ballvalve 3 EACH $65.00 $195.00
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55136.00200\31919338.1 Attachment “1”-2
6 Hunter PGP Ultra - 12 200 EACH $24.98 $4,996.00
7 Hunter Pro Spray 62 EACH $12.80 $793.60
8 Huner Mp Rotator 1000 175 EACH $6.15 $1,076.25
9 Hunter MP Rotator 2000 175 EACH $6.85 $1,198.75
10 Hunter Mp Rotator 3000 175 EACH $7.35 $1,286.25
11 Rain Bird EFB 1 1/2" 10 EACH $155.90 $1,559.00
12 Rain Bird EFB 2" 20 EACH $198.80 $3,976.00
13 1/2" Hunter Check Valve 175 EACH $6.45 $1,128.75
14 3/4" hunter Check Valve 175 EACH $7.15 $1,251.25
Plant Material
1 Annual Color 20 Flat $15.50 $310.00
2 One Gallon Shrub 3000 EACH $6.00 $18,000.00
3 Five Gallon Shrub 1250 EACH $16.50 $20,625.00
4 Twenty-Four Inch Box Tree 20 Each $200.00 $4,000.00
5 Thirty-Six Inch Box Tree 2 EACH $510.00 $1,020.00
6 Forty-Eight Inch Box Tree 1 EACH $950.00 $950.00
7 Tree Trimming 125 EACH $95.00 $11,875.00
8 Tree Removals 20 EACH $250.00 $5,000.00
9a Install Mulch 1250 Yard $10.00 $12,500.00
9b 4th Amendment Addition:
Annual Recycled Mulch 1315 CU Yds. $38.00 $49,970.00
10 Rototill 2500 Sq. Ft. $0.07 $175.00
11 Soil Test 7 EACH $100.00 $700.00
12 Mechanical Trenching 250 Linear Ft. $1.08 $270.00
Extra Work
1 Contingency Repairs $25,000.00
Subtotal of Services for 6-Month Extension
(7/1/2023-12/31/2023)
$532,603.49
Original Agreement - Total Compensation $2,908,370.70 First Amendment - Total Compensation $2,855,704.06
Second Amendment - Total Compensation $3,746,161.00
Third Amendment - Total Compensation $3,746,161.00
Fourth Amendment - Total Compensation $4,779,500.00
Fifth Amendment Additional Compensation $532,603.49
Fifth Amendment - Total Compensation $5,312,103.49
DocuSign Envelope ID: 57829E22-7502-41FC-8388-8B586FDE6E95 Item: 13
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/16/2023
DEPARTMENT: Public Works
SUBJECT:
SECOND AMENDMENT TO THE AGREEMENT WITH SHELTERCLEAN
SERVICES, INC. FOR BUS STOP MAINTENANCE SERVICES
RECOMMENDED ACTION(S):
1. Approve the Second Amendment to the Agreement for Bus Stop Maintenance Services with ShelterClean Services, Inc.
2. Authorize the Mayor to sign, and the City Clerk to attest, the Second Amendment substantially in the form attached.
EXECUTIVE SUMMARY:
ShelterClean Services, Inc. (“ShelterClean”) provides bus stop and bus shelter maintenance services under an Agreement for Maintenance Services (“Agreement”) approved by the City Manager on June 24, 2019 (Attachment 1).
The three-year Agreement allows for two additional one-year extensions based upon performance. The First Amendment extended term for an additional year and added $177,262.90 in compensation (Attachment 2). The proposed Second Amendment would utilize the Agreement’s remaining option to extend the term to June 30, 2024, and increase the compensation amount by $49,110.74. If approved, the Second Amendment would bring the total compensation amount in the Agreement to $226,373.64 (Attachment 3). The compensation for the additional year includes an increase of 4.9% to the unit rates according to the Consumer Price Index (“CPI”) adjustment described in the Agreement. If the proposed Second Amendment is approved, staff will propose sufficient funding to cover the costs of the recommended action in the 2023-2025 Operating Budget.
BACKGROUND:
The City maintains all bus shelters and bus bench stops within Lake Forest, including providing trash and recycling containers for passengers using bus lines operated by the Orange County Transportation Authority (“OCTA”). On June 24, 2019, the City Manager awarded the Agreement to ShelterClean for bus shelter maintenance services with a compensation amount of $130,500.40. The Agreement includes a three-year term with two optional one-year extensions.
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The First Amendment to the Agreement, approved by the City Council on June 21, 2022, utilized the first optional one-year extension to extend the term of the Agreement to June 30, 2023. The First Amendment also increased the compensation amount to $177,262.90.
DISCUSSION:
ShelterClean is the City’s contractor for all bus shelter maintenance activities.
The scope of work in the Agreement includes pressure washing bus shelters, emptying trash and recycling containers, cleaning the shelters, and repairing any damages. ShelterClean also removes graffiti and provides general clean-up at bus shelters and bus stop bench locations.
The proposed Second Amendment would extend the term of the Agreement with ShelterClean to June 30, 2024, thereby exercising the second of two optional one-year extensions described in the Agreement (Attachment 3). Additionally, the proposed Second Amendment would increase total compensation by $49,110.74 to cover the costs of performing repairs and ongoing maintenance in Fiscal Year 2023-24. The added compensation would increase the unit costs of the contract by 4.9% per the applicable CPI-based adjustment process described in the Agreement. If approved, the new compensation amount of the Agreement would increase to $226,373.64. The proposed Second Amendment would not make any changes to the scope of work.
Staff believes that ShelterClean’s performance during the term of the Agreement has exceeded expectations. The contractor has responded quickly to requests for service and staff did not experience any issues with bus shelter maintenance or cleaning. The chart below provides an overall summary of the contractor’s performance since the first amendment to the contract.
ShelterClean Services, Inc. Performance Assessment
June 21, 2022, through May 16, 2023
Category Rating
Performance of Scope of Services ☐ Unsatisfied ☐ Satisfied ☒ Very Satisfied ☐ N/A
Timeliness ☐ Unsatisfied ☐ Satisfied ☒ Very
Satisfied ☐ N/A
Budget Performance ☐ Unsatisfied ☐ Satisfied ☒ Very
Satisfied ☐ N/A
Customer Service ☐ Unsatisfied ☐ Satisfied ☒ Very
Satisfied ☐ N/A
Item: 14
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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 maintain and repair bus shelters and stops. The Finance Department prepared the proposed Second Amendment and the City Attorney’s Office reviewed the document as to form. Staff recommends the City Council approve the proposed Second Amendment to allow for the continued and uninterrupted delivery of this service.
FISCAL IMPACT:
The proposed Second Amendment would increase the compensation amount in the Agreement by $49,110.74, establishing a new compensation amount of $226,373.64. The proposed unit prices would increase by 4.9% in accordance with the CPI-based increase process described in the Agreement. If the proposed Second Amendment is approved, staff will propose sufficient funding to cover the costs of the recommended action in the 2023-2025 Operating Budget.
ATTACHMENTS:
1. Agreement for Maintenance Services with ShelterClean
2. First Amendment to the Agreement for with ShelterClean
3. Second Amendment to the Agreement with ShelterClean
Initiated By: Jonathan Poole, Senior Management Analyst Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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55136.00200\31919338.1 - 1 -
CITY OF LAKE FOREST
SECOND AMENDMENT TO
AGREEMENT FOR MINTENANCE SERVICES
PARTIES AND DATE.
This Second Amendment to the Agreement for Maintenance Services (“ Second Amendment”) is entered into on the day of , , by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, CA 92630 (“City”) and ShelterClean Services, Inc., a California corporation, with its principal place of business at 11065 Penrose Street, Sun Valley, California 91352 (“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 Bus Stop Maintenance Services dated June 24, 2019 (“Agreement”).
2.2 First Amendment. The Parties entered into that certain First Amendment to extend the term of the Agreement, increase the total amount of compensation under the Agreement, and update the delivery of notices, dated June 21, 2022.
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 .
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:
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
HUNDRED TWENTY-SIX THOUSAND THREE HUNDRED
SEVENTY-THREE DOLLARS AND SIXTY-FOUR CENTS
($226,373.64) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as DocuSign Envelope ID: D9005F1E-2FEA-4B31-BFB3-D9A3CDB16C49 Item: 14
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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 SHELTERCLEAN SERVICES, INC.
By:
Doug Cirbo
Mayor
By:
Lonnie Fine
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By:
Lisa Berglund
City Clerk
By:
Perry Fine
Secretary
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
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55136.00200\31919338.1 Attachment “1”-1
ATTACHMENT “1” TO SECOND AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES
EXHBIT “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 Services, the not to exceed fee of two hundred twenty-six thousand three hundred seventy -three dollars and sixt y-four cents ($226,373.64) based on the following schedule. Compensation in any single year of the agreement shall not exceed fifty thousand dollars ($50,000).
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth abov e 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.
ORIGINAL AGREEMENT
Description Unit of
Measure Quantity Unit Cost Total Cost
Shelter Stops Cleaning
Low Maintenance Bi-Weekly Per Visit 728 $19.80 $14,414.40 Hi Maintenance – Weekly Per Visit 988 $13.00 $12,844.00 One Time Extra Stop Per Visit 100 $17.00 $1,700.00
Concrete Bench Stops Cleaning
Low Maintenance Bi-Weekly Per Visit 1,066 $9.00 $9,594.00 Hi Maintenance – Weekly Per Visit 260 $6.00 $1,560.00
One Time Extra Stop Per Visit 100 $6.00 $600.00
Trash Removal
Low Maintenance Bi-Weekly Per Visit 1,794 $3.00 $5,382.00 Hi Maintenance – Weekly Per Visit 1,248 $2.00 $2,496.00 One Time Extra Stop Per Visit 50 $5.00 $250.00
Other Items
Tempered Glass Panel
Replacement 36” x 70-1/2”
Each 150 $202.00 $30,300.00
Tempered Glass Panel
Replacement 26” x 70-1/2”
Each 150 $342.40 $51,360.00
TOTAL- Original Agreement
Compensation
$130,500.40
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55136.00200\31919338.1 Attachment “1”-2
FIRST AMENDMENT
Description Unit of
Measure
Quantity
(added for year 4 of
service/ 1st
Amendment)
Unit Cost
(with CPI
Adjustment)
Total Cost
(Year 4)
Shelter Stops Cleaning
Low Maintenance Bi-
Weekly Per Visit 243 $21.29 $5,172.26
Hi Maintenance –
Weekly Per Visit 330 $13.98 $4,611.75
One Time Extra Stop Per Visit 34 $18.28 $621.35
Concrete Bench Stops Cleaning
Low Maintenance Bi -
Weekly Per Visit 356 $9.68 $3,444.30
Hi Maintenance –
Weekly Per Visit 87 $6.45 $561.15
One Time Extra Stop Per Visit 34 $6.45 $219.30
Trash Removal
Low Maintenance Bi -
Weekly Per Visit 598 $3.23 $1,928.55
Hi Maintenance –
Weekly Per Visit 416 $2.15 $894.40
One Time Extra Stop Per Visit 17 $5.38 $91.38
Other Items
Tempered Glass
Panel Replacement
36” x 70-1/2”
Each 50 $217.15 $10,857.50
Tempered Glass
Panel Replacement
26” x 70-1/2”
Each 50 $368.08 $18,404.00
Total cost for Year 4 per line item and effective with 1st Amendment $46,762.50
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55136.00200\31919338.1 Attachment “1”-3
SECOND AMENDMENT
Description Unit of
Measure Quantity
Unit Cost (with
CPI
Adjustment)
Total Cost
(Year 5 –
July 1,
2023-June
30, 2024)
Shelter Stops Cleaning
Low Maintenance Bi-Weekly Per Visit 243 $22.33 $5,426.19 Hi Maintenance – Weekly Per Visit 330 $14.67 $4,841.10 One Time Extra Stop Per Visit 34 $19.18 $652.12
Concrete Bench Stops Cleaning
Low Maintenance Bi-Weekly Per Visit 356 $10.15 $3,613.40 Hi Maintenance – Weekly Per Visit 87 $6.77 $588.99
One Time Extra Stop Per Visit 34 $6.77 $230.18
Trash Removal
Low Maintenance Bi-Weekly Per Visit 598 $3.39 $2,027.22 Hi Maintenance – Weekly Per Visit 416 $2.26 $940.16
One Time Extra Stop Per Visit 17 $5.64 $95.88
Other Items
Tempered Glass Panel
Replacement 36” x 70-1/2” Each 50 $227.79 $11,389.50
Tempered Glass Panel
Replacement 26” x 70-1/2” Each 50 $386.12 $19,306.00
Total cost for Year 5 effective with 2nd Amendment $49,110.74
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/16/2023
DEPARTMENT: Public Works
SUBJECT:
ACCEPTANCE OF TRACT IMPROVEMENTS BY LS-OC PORTOLA LLC, AND RELEASE OF BONDS FOR TRACT 15353
RECOMMENDED ACTION(S):
1. Accept as complete the tract improvements and monumentation constructed by LS-OC Portola LLC, for Tract 15353.
2. Authorize the City Clerk to release the Subdivision Improvement Faithful Performance and Subdivision Improvement Labor and Materials Bonds, both in the amount of $8,093,181.75 and the Subdivision Improvement Monumentation Bond in the amount of $3,450 for Tract 15353.
3. Authorize the City Clerk to release the Subdivision Improvement Warranty Bond in the amount of $809,318.18 one year after acceptance of the tract improvements for Tract 15353 with concurrence of the Director of Public Works/City Engineer.
EXECUTIVE SUMMARY:
On April 4, 2017, the City Council approved Final Tract Map No. 15353 (Attachment 1) for a 2-numbered and 1-lettered lot subdivision, and a Subdivision Improvement Agreement with LS-OC Portola LLC (“Landsea”). These approvals enabled the construction of 251 attached residential condominium dwelling units, ranging in size from 1,300 to 2,300 square feet. The lettered lot is for open space and landscaping and will be maintained by the Homeowners Association (“HOA”).
In accordance with the Subdivision Improvement Agreement, Landsea submitted a Subdivision Improvement Faithful Performance Bond and a Subdivision Improvement Materials and Labor Bond, both in the amount of $8,093,181.75 to guarantee construction of the tract improvements. These improvements include streets, curb and gutter, sidewalk, storm drain, streetlights, and the common open space improvements. Landsea also submitted a Subdivision Improvement Monumentation Bond in the amount of $3,450 to establish monuments for the tract and a Subdivision Improvement Warranty Bond in the amount of $809,318.18 to guarantee repair or replacement of tract improvements for Item: 15
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2 6
3 3
defective work for a one-year period after acceptance of the improvements by the City.
On May 1, 2023, the City received a letter from Landsea requesting release of bonds associated with the tract improvements and monumentation constructed for Tract 15353 (Attachment 2). Staff determined the tract improvements comply with the approved plans and, subsequently, completed to the satisfaction of the Public Works Department. The HOA will maintain all tract improvements. With the completion of construction of the tract improvements and acceptance of the improvements by the City Council, the City can release the bonds posted for the development. Landsea’s engineer, C&V Consulting, provided a letter dated May 1, 2023 (Attachment 3) stating that all survey monuments required by Final Tract Map No. 15353 are set and that they were paid for the work.
Staff recommends the City Council accept the completed tract improvements and monumentation at Tract 15353 and authorize the release of the Subdivision Improvement Faithful Performance, Subdivision Improvement Materials and Labor, and the Subdivision Improvement Monumentation Bonds. Staff also recommends the City Council authorize the City Clerk to release the Subdivision Improvement Warranty Bond one year after acceptance of the improvements with the concurrence of the Director of Public Works/City Engineer.
This is the last tract to be accepted at the Portola South parcel. The other tracts are 17946, 17947, 17948 and 17949. A total of 293 detached single-family residential units and 251 attached residential condominium units were constructed, along with a community center and central park and a perimeter trail along the southern border of the development.
FISCAL IMPACT:
There is minimal fiscal impact with the recommended action, as all Tract improvements will be maintained by the HOA.
ATTACHMENTS:
1. Vicinity Map
2. Letter from Landsea
3. Letter from C&V Consulting
Initiated By: Douglas A. Erdman, Assistant City Engineer Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/16/2023
DEPARTMENT: City Manager
SUBJECT:
SECOND AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT RECOMMENDED ACTION(S):
1. Approve the Second Amendment to the Communications Site License Agreement by and between the City of Lake Forest and Crown Castle Fiber, LLC.
2. Authorize the City Manager to execute the Amendment, and the City Clerk to attest, the Second Amendment to the agreement with Crown Castle Fiber, LLC substantially in the form attached.
EXECUTIVE SUMMARY:
Crown Castle/Newpath Networks, LLC (“Crown Castle”) is a wireless telecommunications company that designs, develops, and operates wireless distributed antenna systems, also known as “DAS,” to provide wireless telecommunications. These antennas are placed on City-owned streetlight poles in the public right-of-way. The purpose of the antennas is to fill gaps in existing coverage throughout the City and to provide additional network capacity where needed.
On March 5, 2013, the City entered into a five-year Communications Site License Agreement (“Agreement”) with Crown Castle with an option to renew for an additional five years pending certain obligations were met (Attachment 1). The Agreement identified seven specific locations where Crown Castle could place its facilities. Pursuant to the Agreement, the City could earn $1,000 per facility and an additional $500 for each added facility installed on a single streetlight pole (Attachment 2). On September 16, 2016, the City Council authorized the First Amendment to the Agreement (Attachment 3).
Changes in Federal Law require that public agencies make available its vertical infrastructure at cost-based rates for small wireless facilities. These new regulations include a mandated “safe harbor” recurring annual rental rate per wireless facility attachment. As a result of the new safe harbor rate mandates, all wireless facilities would generate approximately $315.68 per wireless communications facility versus approximately $1,231 per wireless facility.
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The proposed Second Amendment would reduce the total rent owed by Crown Castle, bringing the Agreement in line with Federal Law. The proposed Second Amendment also extends the Agreement by five years with two automatic renewals for five years, totaling 15 years. Assuming that all obligations would be met, the proposed Second Amendment would extend the Agreement to May of 2038. No other changes in the Agreement are proposed.
Staff recommends the City Council approve the proposed Second Amendment to the Agreement with Crown Castle and authorize the City Manager to sign the amendment (Attachment 4).
BACKGROUND:
On March 15, 2011, the City Council adopted a Master Communications Site License Agreement (“Master Agreement”) to allow the City to negotiate terms and conditions with wireless companies proposing to locate communication facilities on City-owned property in the public right-of-way. At its meeting on February 28, 2013, the Lake Forest Planning Commission reviewed a Site Development Permit (“SDP”) application to allow wireless provider Crown Castle to install seven wireless communication facilities in the public right-of-way. One of the conditions of Approval for the project required Crown Castle to enter into an Agreement with the City.
On March 5, 2013, the City entered into the five-year Agreement with Crown Castle. The Agreement facilitated approval of a SDP, which allowed Crown Castle to locate wireless communications facilities on City-owned streetlight poles in the public right-of-way. The Agreement established an initial five-year term, with an option to renew for another five-year term pending the successful implementation of all its provisions.
On September 16, 2016, the City Council authorized the First Amendment to the Agreement. Both the original Agreement and SDP identified seven specific locations where Crown Castle may place its facilities. Subsequent to receiving approval, Crown Castle noted logistical challenges associated with locating a facility at one of the approved locations. The First Amendment modified the approved location of one of the streetlight poles and did not change any other previously approved provisions.
The original Agreement with Crown Castle will expire on May 31, 2023.
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DISCUSSION:
Crown Castle is a wireless telecommunications company that designs, develops, and operates wireless distributed antenna systems, also known as "DAS", to provide wireless telecommunications. DAS consists of a network of small-scale facilities, mounted on existing vertical elements such as streetlights, traffic signals, and utility poles. Each of these facilities is called a "node". Each node also uses a small ground-mounted meter pedestal and can accommodate between one and three carriers. The purpose of the network is to fill gaps in existing coverage in the City and to provide additional network capacity where needed.
In September 2018, the Federal Communications Commission ("FCC") issued a Declaratory Ruling and Order that established regulations limiting local control to regulate wireless facilities. Of the many new regulations was an establishment of a "safe harbor" recurring rental rate of $270 per wireless facility attachment per year. The FCC order did not automatically preempt the terms of the original Agreement with Crown Castle, and therefore, the City did not need to reduce the rent on these facilities at that time.
Staff negotiated the 2018 safe harbor rental rate of $270 per wireless communications facility to $315.68 per facility based on a Consumer Price Index adjustment to 2023 dollars. The first installment of the license payment shall be due 20 days following the commencement date of the proposed Second Amendment. Thereafter, the license payment shall increase by a rate of four percent annually on the anniversary of the commencement date. The proposed Second Amendment would also extend the Agreement by five years and also provide two automatic renewals for five years each so long as Crown Castle is not in default. Assuming all obligations would be met, the proposed Second Amendment would extend the Agreement to May of 2038. No other changes in the Agreement are proposed.
Pursuant to the City's Purchasing and Contracting Guidelines, staff completes a vendor performance assessment either on an annual basis or during a proposed contract addendum. The vendor assessment is used as a guide to determine whether a contract should be amended, renewed, or terminated based on performance in the following categories: performance of the scope of services; timeliness; budget performance; and customer service. Utilizing a detailed evaluation form, staff rates the consultant on a one to five scale for specific questions contained in each category. The below chart is a summary of the consultant's performance during the respective contract period.
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Table 1: Performance Assessment
Crown Castle Communications Site License Agreement
March 5, 2013 – May 16, 2023
Category Unsatisfied – Very Satisfied
Performance of Scope of
Services
☐ Unsatisfied ☐ Satisfied ☒ Very Satisfied
☐N/A
Timeliness ☐ Unsatisfied ☐ Satisfied ☐ Very Satisfied
☒ N/A
Budget Performance ☐ Unsatisfied ☐ Satisfied ☐ Very Satisfied ☒ N/A
Customer Service ☐ Unsatisfied ☐ Satisfied ☐ Very Satisfied ☒ N/A
Based on the discussion above and satisfactory performance by Crown Castle during the term of the Agreement, staff recommends the City Council approve the proposed Second Amendment to the Agreement. The City Attorney’s Office has reviewed and approved the document as to form.
FISCAL IMPACT:
If the proposed Second Amendment is approved, the City would collect annual revenue in the amount of $316.68 for each facility for a total of $2,216.76. The Second Amendment includes a rate increase clause that would raise the safe harbor rate by 4% each year.
ATTACHMENTS:
1. Communications Site License Agreement
2. Communications Site License Agreement Agenda Report – March 5, 2013
3. First Amendment to the Communications Site License Agreement
4. Proposed Second Amendment to the Communications Site License Agreement
Initiated By: Adrian Grijalva, Senior Management Analyst Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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ATTACHMENT 2
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City Council Agenda Report
Meeting Date: March 5, 2013
Department: City Manager
SUBJECT:
COMMUNICATIONS SITE LICENSE AGREEMENT
RECOMMENDED ACTION(S):
1. Adopt a Resolution Entitled: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST APPROVING AND AUTHORIZING THE
EXECUTION OF A COMMUNICATIONS SITE LICENSE AGREEMENT WITH
CROWN CASTLE
2. Approve a Communications Site License Agreement by and between the City of Lake Forest and Crown Castle/NewPath Networks, LLC
3. Authorize the City Manager to execute the Agreement, and the City Clerk to attest, the agreement with Crown Castle/NewPath, LLC substantially in the form attached.
EXECUTIVE SUMMARY:
On March 15, 2011, the City Council adopted a Master Communications Site License Agreement (“Master Agreement”) to allow the City to negotiate terms and conditions with wireless companies proposing to locate communication facilities on City-owned property in the public right-of-way. At its meeting on February 28, 2013, the Lake Forest Planning Commission reviewed a site development permit (“SDP”) application to allow wireless provider Crown Castle/New Path LLC (“Crown Castle”) to install seven wireless communications facilities in the public right-of-way. One of the Conditions of Approval for the project requires Crown Castle to enter into a Communications Site License Agreement (“License Agreement”) with the City. Given the timing associated with the Planning Commissions’ review of the application, the City Attorney prepared a City Council resolution conditioned on approval of the entitlement application. Utilizing the Master Agreement adopted previously by the City Council, staff and legal counsel for the City and Crown Castle negotiated the terms of a License Agreement for consideration and approval by the City Council.
The License Agreement imposes a number of requirements on Crown Castle, including obligations to fund all costs associated with replacing existing Southern Item: 16
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California Edison facilities as well as ongoing maintenance and energy costs associated with the replacement streetlight poles. Additionally, the License Agreement obligates Crown Castle, should it ever vacate the City’s property, to return the site to its original condition by funding all costs associated with the installation of a replacement SCE streetlight pole. Pursuant to the License Agreement, the City would receive an annual fee totaling $1,000 per facility and an additional $500 annually for each added facility installed on a single streetlight pole.
BACKGROUND:
On March 15, 2011, the City Council approved the Master Agreement to serve as a template for the City to negotiate with wireless carriers requesting to locate communications facilities on City-owned property in the public right-of-way (Attachment 1). The Master Agreement contains provisions regulating specific aspects of these specialized land use applications including: the permitted uses of the site; license renewal terms; potential relocation of the facilities; ownership; maintenance; vacation of the site; and indemnification. At the time the City Council adopted the Master Agreement, the Development Services Department was processing two use permit applications, filed by applicant (T-Mobile) proposing installation of wireless facilities on street light poles located in the public right-of-way on El Toro Road and Lake Forest Drive. The applicant withdrew its applications shortly after the City Council adopted the Master Agreement.
Subsequently, Crown Castle submitted an application for a SDP to locate seven distributed access network system (“DAS”) facilities on streetlight poles in the public right-of-way. DAS networks allow a single antenna to support multiple wireless carriers. Each of these facilities has a “node” capable of accommodating between two additional carriers. The purpose of these facilities is to provide enhanced cell phone reception in residential neighborhoods.
Demand for coverage and capacity in residential areas is increasing as more homeowners surrender their “land lines” and rely on smartphones for communication and internet services. Because the DAS network is designed to accommodate up to three major separate carriers per node, the network should provide enhanced wireless coverage to a variety of residents within range of these facilities.
DISCUSSION:
Approval of the proposed facilities requires approval of a SDP by the Planning Commission, and approval of the License Agreement by the City Council. These approvals are mutually dependent. To ensure compliance with the Permit Item: 16
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Streamlining Act, representatives from the City and Crown Castle concurrently negotiated the terms of the License Agreement (utilizing the Master Agreement as a template) while the SDP was being processed by the Development Services Department. In accordance with Permit Streamlining Act requirements, the Planning Commission hearing for the SDP was originally scheduled on the earliest possible date after Crown Castle’s application was deemed complete (January 10, 2013). After reviewing the application, the Planning Commission requested additional information pertaining to the placement of meter pedestals required to power the proposed facilities. The item was continued and subsequently rescheduled to the Planning Commission meeting of February 28, 2013.
Because the SDP is not effective until the approval of the License Agreement to use the City-owned streetlight poles, the Planning Commission resolution approving the SDP was conditioned on approval by the City Council of the License Agreement. Likewise, absent a SDP permitting the proposed DAS facilities, the proposed License Agreement for use of the City property is not effective.
Therefore, the City Council resolution (Attachment 2) approving the License Agreement is conditioned on approval of the SDP. Consequently, neither the SDP nor the License Agreement will become operative if either is not approved by the Planning Commission or City Council.
Crown Castle Wireless Master Plan (SDP 9-12-2858)
Because the SDP permits and regulates the operation of the proposed DAS facilities and is subject to Planning Commission review, the land use application is not the focus of this report. However, because the License Agreement regulates how the DAS facilities will be constructed, maintained, and removed in the event they are ever determined to be obsolete by Crown Castle, or in the event the License Agreement is terminated by either party, a general description of the DAS facilities is provided below to provide context for the City Council’s review of the License Agreement.
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Figure 1 – Standard Streetlight Pole and Crown Castle DAS Facility
Because of the pole-mounted equipment required for operation of a DAS facility, the proposed facilities cannot be located on standard streetlight poles. Instead, specialized streetlight poles, designed to mimic a standard streetlight pole, are required to support a DAS facility. As shown in Figure 1 above, antennas will be mounted within the top of the specialized streetlight pole and flush mounted just below the light fixture.
Five of the proposed DAS facilities would be located on new poles installed in the place of existing street light poles, and two would be installed at entirely new locations. The location of the proposed DAS facilities are referenced below in Table 1 and an aerial is provided to display the locations on a map).
Reference Table 1 - Proposed Node Locations
Node ID Location Pole Type
LAD 070-01 East side of Pittsford Drive, south of Elmcrest Way New LAD 070-03 West side of El Toro Road, south of Northcrest Drive Replacement LAD 070-04 Lake Forest Drive center median, south of Pittsford Drive Replacement LAD 070-05 East side of Osterman Road, south of Normandale Drive Replacement LAD 070-06 West side of El Toro Road, south of Destry Lane Replacement LAD 070-07 South Side of El Toro Road, east of Glenmeadows Drive Replacement LAD 070-08 East side of Toledo Way, south of Ridge Route Drive New Item: 16
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Staff worked with the applicant to ensure the proposed locations were carefully selected to provide sensitivity of surrounding uses and maximum coverage within Lake Forest.
Subject to Planning Commission approval of the entitlement application and formal execution of the License Agreement by the City, five of the existing streetlight poles would be decommissioned. At the request of the City through a formal application process, Southern California Edison (“SCE”) would decommission the streetlight poles, and the replacement poles (constructed by Crown Castle) would be owned by the City. Staff recently contacted SCE to confirm that decommissioning the street light poles would be achieved through the existing Franchise Agreement with the City. In response, SCE confirmed that the street light poles would be decommissioned through the application process, which requires the City to act as the applicant on behalf of Crown Castle. The terms of the License Agreement dictate that Crown Castle will fund all expenditures associated with the transfer of ownership of the streetlight poles.
Communications Site License Agreement with Crown Castle/NewPath LLC
License agreements are commonly negotiated between wireless carriers and cities for wireless communications facilities that are placed on city-owned Item: 16
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property. Because the City would own the new streetlight poles, and because Crown Castle is requesting use of the City-owned property, the City’s Wireless Ordinance permits the City and Crown Castle to enter into the proposed License Agreement. At this time, Crown Castle is working to establish its network in Orange County. As of the writing of this report, Crown Castle has negotiated License Agreements with two cities in Orange County (Laguna Niguel and La Palma). Crown Castle is currently working with the cities of Irvine, Mission Viejo, and San Juan Capistrano.
The proposed License Agreement (Attachment 3) is substantially consistent with the Master Agreement. Similar to the Master Agreement, the License Agreement contains the following provisions:
Establishes an initial 5-year term, with an option to renew for an additional 5- year term, provided that Crown Castle successfully implements all of the provisions of the License Agreement.
Obligates Crown Castle to construct facilities pursuant to specifications approved by the City to ensure compatibility of the proposed wireless sites with the surrounding community.
Establishes maintenance covenants ensuring the “licensed” property is maintained consistent with the City’s standards and provisions, and outlines potential remedies that can be taken should a Crown Castle fail to maintain the property.
Limits the use of land to a wireless communications facility and restricts construction or operation of additional facilities without the City’s consent.
Requires Crown Castle to restore the City-owned public property to its original condition upon vacation of the site and, should the Crown Castle fail in its obligation, provides for a performance bond that would be used to complete the work.
Limits the initial number of facilities to 10, but allows Crown Castle to request an amendment to the License Agreement that may be approved administratively for an additional 2 facilities, for a total of 12. Any facilities proposed beyond the original entitlement under SDP 9-12-2858 (seven total facilities) must be approved by the City prior to installation and require an amendment to the License Agreement.
Outlines financial responsibilities of Crown Castle related to maintenance, operation, repair, removal, and relocation of communications facilities, including Crown Castle’s obligation to fund all energy and maintenance cost for each Item: 16
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facility
Requires Crown Castle to remit annual license payments to the City in the amount of $1,000 per year for the initial facility, and $500 per year for each additional facility on each streetlight pole ($7,000 minimum per year for the proposed seven locations). The annual revenue generated by the proposed agreement is consistent with, or in some cases exceeds, that of other local jurisdictions surveyed by City staff.
Establishes terms under which the agreement may be terminated by either the City or Crown Castle, however, if the Agreement is terminated by Crown Castle, liquidated damages would be paid to the City.
Requires Crown Castle to submit a performance bond to the City for each facility it installs to ensure that funding is available to return the streetlight pole to its original condition should Crown Castle decide to vacate any of the proposed sites. Staff established the initial bond amount for each facility ($5,000) consistent with estimates provided by representatives of SCE. The provisions of the License Agreement require Crown Castle to fund 100% of the costs to return any facility to its original condition.
Establishes insurance requirements consistent with the City’s standards.
Provides indemnification of the City and requires Crown Castle to defend the City from any and all claims.
The proposed License Agreement affords the City greater certainty than generally available through the entitlement process. For example, the Agreement is specific about the way in which the DAS facilities are to be regularly maintained and guarantees that additional sites cannot be constructed through assignment without prior City approval. Additionally, the City will receive annual financial consideration based on the negotiated market demand for these types of DAS facilities throughout the term of the License Agreement. Finally, the proposed facilities would enhance wireless cell phone coverage for residents throughout the community. Staff recommends the City Council adopt the attached resolution approving the proposed License Agreement. As noted earlier, the License Agreement would not be effective until and unless the Planning Commission approves the associated SDP. Inasmuch as the Planning Commission meeting at which the SDP will be considered is scheduled after the posting of this agenda and before the City Council meeting of March 5, Staff will report on the Commission’s action during consideration of this item.
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FISCAL IMPACT:
The recommended action will have a positive fiscal impact. Pursuant to the terms of the License Agreement with Crown Castle, the City will receive minimum annual payments of $1,000 for each of the seven streetlight poles used by Crown Castle. The City is not responsible for any maintenance costs associated with the facilities. As a result, the minimum total revenue from the recommended action is estimated to be approximately $35,000 over the initial 5-year term of the License Agreement, and an additional $35,000 if the option is renewed for a second 5-year term. Should Crown Castle install the additional five facilities allowed under the proposed License Agreement, or should additional facilities be mounted to the streetlight poles, the total revenue would increase. As a result the total potential revenue that could be generated annually by the proposed License Agreement (assuming the installation of 12 facilities with two additional nodes at each facility) is $24,000. These funds would be an unrestricted source of revenue and may be used to fund any activity with a legal public purpose as appropriated by the City Council during the annual budget adoption process.
ATTACHMENTS:
1. Master Communications Site License Agreement – Adopted March 15, 2011
2. City Council Resolution 2013_
3. Communications Site License Agreement - Crown Castle/NewPath LLC
Initiated By: Carlo Tomaino, Senior Management Analyst
Submitted By: Robert C. Dunek, City Manager
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ATTACHMENT 3
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ATTACHMENT 4
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55136.00400\41296112.2
Second Amendment to Communications Site License Agreement City of Lake Forest
SECOND AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT
THIS SECOND AMENDMENT TO COMMUNICATIONS SITE LICENSE
AGREEMENT (“Second Amendment”) is made effective this ______ day of May, 2023 (“Effective Date”) by and between the CITY OF LAKE FOREST , a California municipal corporation and general law city (“City”), and CROWN CASTLE FIBER LLC , a New York limited liability company (“Licensee”). City and Licensee are each individually referred to herein as a “Party” and are collectively referred to herein as the “Parties.”
RECITALS
WHEREAS, City and Licensee’s predecessor in interest, NewPath Networks, LLC, a New Jersey limited liability company, entered into that certain Communications Site License Agreement, dated March 18 , 20 13, as amended by that certain First Amendment to Communications Site License Agreement, dated September 20, 2016, permitting Licensee’s installation of wireless communications facilities on Streetlight Poles in the City;
WHEREAS, the Parties desire to amend the Agreement on the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Incorporation of Recitals. The recitals set forth above are incorporated herein as if set forth in their entirety.
2. Term Extension.
(a) Pursuant to the Agreement, City granted Licensee a five (5) year initial term, commencing on May 30, 2013, and ending on May 31, 2018, along with one (1) additional five (5) year period, commencing on June 1, 2018, and ending on May 31, 2023 (“Renewal Term”). Licensee is currently in the Renewal Term.
(b) This Second Amendment provides Licensee with three (3) additional five (5) year periods (each an “Additional Renewal Term”, collectively, the “Additional Renewal Terms”), with the first Additional Renewal commencing on June 1, 2023. Provided Licensee is not in default, the second and third Additional Renewal Terms will automatically renew upon the expiration of the Additional Renewal Term then in effect.
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55136.00400\41296112.2
Second Amendment to License Agreement
City of Lake Forest and Crown Castle
3. License Payment. Commencing on June 1, 2023 (“Commencement Date”), Licensee shall pay to City the annual amount of three hundred fifteen dollars and 68/100 ($315.68) per wireless communications facility (“License Payment”). The first installment of the License Payment shall be due twenty (20) days following the Commencement Date. Thereafter, the License Payment shall increase by a rate of four percent (4%) annually on the anniversary of the Commencement Date.
4. Notice. Notice address es as provided in Section 1.26 of the Agreement are amended as follows:
Licensee:
Crown Castle Fiber LLC
Attn: Edward “Teddy” Adams, General Counsel
2000 Corporate Drive
Canonsburg, PA 15317
With a copy to:
Crown Castle Fiber LLC
Attn: SCN Contracts Management
2000 Corporate Drive
Canonsburg, PA 15317
[email protected]
City:
City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
Attn: Assistant City Manager
5. Remainder of Agreement Unaffected. The Parties agree that, except as set forth in th e First Amendment and this Second Amendment, there are no other modifications or amendments to the Agreement, and that the Agreement remains in full force and effect in accordance with the terms as conditions set forth herein.
6. Capitalized Terms. Capitalized terms contained herein, unless otherwise defined, are intended to have the same meaning and effect as that set forth in the Agreement.
7. Binding Authority/Authorized Representatives. Each of the Parties represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform its obligations hereunder and that those obligat ions will be binding upon that Party without the approval or consent of any other person or entity. Each person executing this Second Amendment represents and warrants he/she has been duly authorized to execute the same.
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Second Amendment to License Agreement
City of Lake Forest and Crown Castle
8. Counterparts. This Second Amendment may be executed in any number of counterpart copies, including by electronic means, each of which shall be deemed an original, but all of which together shall constitute a single instrument.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment to Communications Site License Agreement on the effective date last herein below written.
CITY OF LAKE FOREST, a California
municipal corporation and general law city
CROWN CASTLE FIBER LLC, a New
York limited liability company
By:________________________________ By:
______________________________
Debra Rose Name: Bryan Pavan______________
City Manager
Title: Sr. Manager – Contract Management
Date:
Attest:
By:________________________________
City Clerk
Approved as to Form:
By:__________________________________
Best Best & Krieger LLP
City Attorney
Date:__________________________
By:
______________________________
Name: Erin Francis________________
Title: Supervisor – Contract Management
Date:__________________________
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5/10/2023
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/16/2023
DEPARTMENT: City Manager
SUBJECT:
LEGISLATIVE MATTERS
RECOMMENDED ACTION(S):
1. Receive a report from staff summarizing the status of various legislation with the potential to impact the City of Lake Forest
2. Adopt the policy positions recommended by staff on various legislation with the potential to impact the City of Lake Forest.
EXECUTIVE SUMMARY:
As part of its Legislative Program, the City Council adopts a Legislative Platform prior to the start of the State’s Legislative Session. This platform contains policy guidelines rooted in the preservation of local control and municipal financial independence. The City Council adopted the 2023 Legislative Platform (Attachment 1) on April 4, 2023.
This report provides a summary of proposed legislation with the potential to significantly impact the operational, financial position, or decision-making capacity of the City of Lake Forest. Each summary below includes a staff recommendation on whether the City Council should support or oppose the legislation. The full text of each bill is provided as Attachment 2.
Senate Bill 7
Staff Recommendation Position: Oppose
CalCities Position: Concerns
Senate Bill 7 (“SB 7”) would require, on or after January 1, 2025, local governments to provide housing fit for habitation for homeless individuals within its jurisdiction based on a jurisdiction-specific point in time (“PIT”) count. SB 7 would require each locality to develop a housing obligation plan to fulfill its housing obligation to be updated annually and posted to a website.
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SB 7 would mandate cities provide housing for persons experiencing homelessness in their jurisdiction without any guaranteed funding. Staff recommends that the City Council oppose SB 7, as it would shift addressing the financial responsibilities of the homelessness crisis from the State onto local governments.
Assembly Bill 972
Staff Recommendation Position: Support
CalCities Position: Support
Assembly Bill 972 (“AB 972”) would coordinate, align, and streamline local government assistance resources to ensure that every community has the same opportunity to compete for state funding opportunities by convening a statewide, cross-agency Local Assistance and Grant Program Streamlining Workgroup, no later than April 2024. At the state level, local assistance efforts are largely conducted by individual grant programs, and, although centrally located via the California State Library’s Grants Portal, nearly all state grant programs have unique and widely varied procedures for application and scoring. Further, although best practices for local assistance have been developed and published by the California Strategic Growth Council, local assistance efforts are not uniformly conducted across state departments, offices, boards, commissions, and agencies.
This measure would help improve the lack of resources, staff capacity, implementation experience, and technical expertise needed to apply for and secure competitive statewide targeted grant funding. Additionally, like other sectors, California cities are facing staffing shortages, a wave of early retirement, and other workforce stressors on existing municipal staff. Streamlined application processes and robust, uniform local assistance from the State is crucial for many cities to effectively access funding opportunities. Climate resiliency, natural resources, and environmental quality programs are nearly always funded with a combination of federal, state, and local resources. Staff recommends that the City Council support AB 972, as it would help the City stretch limited funding and bolster efforts to address shared State and local climate resiliency goals.
Assembly Bill 550
Staff Recommendation Position: Oppose
CalCities Position: Concerns
Assembly Bill 550 (“AB 550”) would require cities and counties to agendize point in time (“PIT”) count results at a local public meeting. AB 550 would require the Item: 17
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City to hold a public hearing to present the PIT data gathered and discuss plans to solve issues related to homelessness in that jurisdiction prior to January 1, 2026, and annually thereafter. Both cities and counties would be mandated six months after the public hearing to develop a plan to reduce homelessness within that jurisdiction.
The City of Lake Forest already deploys a multi-pronged approach to addressing homelessness, including the provision of social support, housing navigation, and other services that can help persons experiencing homelessness. Additionally, the City has approved and supported the construction of various forms of affordable housing that include income restrictions for occupants. Finally, the City already provides public forums for residents, service providers, and City officials to discuss homelessness and related issues impacting Lake Forest on a regular basis.
Staff recommends the City Council oppose AB 550, as it would create another mandate with no assignment of associated funding.
Assembly Bill 1637
Staff Recommendation Position: Oppose
CalCities Position: Oppose Unless Amended
Assembly Bill 1637 (“AB 1637”) would, no later than January 1, 2026, require local governments that maintain an internet website for use by the public to ensure that the internet website utilizes a “.gov” top-level domain or a “.ca.gov” second-level domain and would require a local agency that maintains an internet website that is noncompliant with that requirement to redirect that internet website to a domain name that does utilize a “.gov” or “.ca.gov” domain. AB 1637, no later than January 1, 2026, would also require a local agency that maintains public email addresses to ensure that each email address provided to its employees utilizes a “.gov” domain name or a “.ca.gov” domain name. By adding to the duties of local officials, the bill would impose a state-mandated local program.
The City has already implemented what AB 1637 would require with regard to the City’s website. Moreover, all City personnel, except for certain contracted employees and consultants, utilize an email domain with a “.gov” ending. Further, AB 1637 may complicate a local government’s ability to create websites that do not traditionally include “.gov” domain endings, such as economic development, marketing, and event websites. AB 1637 would create another mandate with no assignment of guaranteed funding and remove the discretion of local governments to provide appropriate domain names for municipal websites.
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Staff recommends the City Council oppose AB 1637.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
1. 2023 Legislative Platform
2. Bill Texts
Initiated By: Hana Ebrahim, City Manager Intern
Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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CITY OF LAKE FOREST
2023 LEGISLATIVE PLATFORM
The Legislative Platform (“Platform”) defines the City’s Policy guidelines and provides the foundation for advocacy efforts at the federal, state, and local levels. Staff uses this Platform to identify relevant topic areas and subject matter, and makes recommendations to the City Council on specific legislation consistent with the policy guidelines. Additionally, in the event it is necessary for the City to respond to a legislative proposal in a timeframe that does not allow the City Council to take formal action, staff would express positions on bills in accordance with these guidelines, and then seek City Council direction at the appropriate time.
Policy Guidelines:
1. The City supports legislation that leads to greater financial independence from federal, state and/or county government, and protects local resources from seizure by federal, state and/or county agencies.
2. The City supports legislation maintaining maximum local flexibility in all areas of its responsibility and operations and opposes legislation that imposes intrusive, unnecessary or unfunded state-imposed mandates or preempts local authority.
3. The City supports legislation that advocates fair and proportionate representation on countywide and regional boards.
4. The City supports modification to the California Environmental Quality Act (“CEQA”) to eliminate duplicative and unnecessary provisions of the existing law.
5. The City supports efforts to reestablish the authority and financing capability previously afforded to local governments by redevelopment through legislation designed to support businesses through economic development and the City supports efforts to facilitate economic development efforts that enhance opportunities for local businesses.
6. The City supports legislative efforts that would amend existing law to ensure that prevailing wage rates do not impede its ability to pursue small-dollar projects and lower operating costs.
7. The City supports efforts to amend the current occupancy calculation in the Uniform Housing Code (“UHC”) to achieve a more reasonable standard, thereby, improving the health, safety, and residential character of our community.
8. The City supports efforts, at both the federal and state level, to provide local agencies with regulatory tools related to short-term rentals and other uses in residential areas that have the ability to affect the quality of life.
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9. The City supports bills that would lower taxation rates for businesses and residents. 10.
The City supports religious freedom and legislation protecting religious freedom at both the state and federal level.
10. The City opposes legislation or policies that limit the type and or number of clean, renewable, sustainable energy sources available to consumers.
11. The City opposes legislation that makes the City more dependent on federal, state, and/or county government or agencies for policy direction.
12. The City opposes any legislation that is inconsistent with the doctrine of home rule, interferes with local exercise of police powers over local land use, or requires a federal, state, and/or county entity to develop model planning practices and policies.
13. The City opposes legislation or ballot initiatives that would alter the legislative intent of Proposition 13, including a split real-property tax roll that would affect commercial property and any amendment that would affect residential property.
14. The City opposes legislation to create new financial burdens or erode public safety through realignment implementation.
15. The City opposes legislation to limit the City’s ability to contract for municipal services.
16. The City opposes legislation that seeks to impede the construction Portola Parkway and the construction of Foothill-South, the proposed extension of the 241 Toll Road south to the 1-5 near San Clemente.
17. The City Council opposes efforts by the State Legislature to assess taxes on public goods and services such as water and electricity.
18. The City opposes legislation that would lower the vote threshold as a method to impose new taxes or create new financing opportunities.
19. The City supports legislative efforts that reduce or delay the financial and compliance impacts of State-mandated organics recycling.
20. The City supports maximum flexibility with regard to expending grant funds that address economic recovery associated with public health declarations, natural disasters, and other emergencies.
21. The City will take into consideration the strategic goals adopted by the League of California Cities.
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22. Staff is authorized to continue to advocate a position for a bill which has been amended into a new bill number as long as the language and intent remain substantially unchanged.
23. The City supports legislation that advances the practice or policy of favoring individuals in hiring and similar contexts based solely on their abilities and personal merits, including education, skills, experience, and other similar factors.
24. The City supports legislation that invests in, provides for the research of, and promotes desalination technologies for seawater, brackish water, and contaminated freshwater in order to develop and reclaim new water supplies.
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ATTACHMENT 2
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AMENDED IN SENATE MAY 1, 2023
AMENDED IN SENATE APRIL 19, 2023
AMENDED IN SENATE APRIL 10, 2023
AMENDED IN SENATE FEBRUARY 13, 2023
SENATE BILL No. 7
Introduced by Senator Blakespear
December 5, 2022
An act to amend Section 65584 of the Government Code, and to add Chapter 10 (commencing with Section 50270) to Part 1 of Division 31 of the Health and Safety Code, relating to housing.
legislative counsel ’s digest
SB 7, as amended, Blakespear. The Homeless Housing Obligation Act.
Existing law establishes various programs to address homelessness, including requiring the Governor to create an Interagency Council on Homelessness and establishing the Homeless Housing, Assistance, and Prevention program for the purpose of providing jurisdictions, as defined, with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified.
This bill bill, by January 1, 2030, would require each city and county to provide housing fit for habitation opportunities, as defined, for homeless individuals within its jurisdiction, based on their most recent point-in-time count, as defined. count. The bill would require each city and county to develop a housing obligation plan that includes specified information to fulfill its housing obligation and post the plan to its internet website. describes how the city or county plans to increase 95 Item: 17
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housing opportunities in its jurisdiction so that it can offer at least one housing opportunity to each homeless individual, as specified. In this regard, the bill would require a housing obligation plan to include, among other things, goals and plans to fulfill the city or county’s housing obligation, including specific projects and completion timelines, and the city or county’s progress in reducing the number of homeless individuals in its jurisdiction. The bill would require a housing obligation plan to identify steps taken by the city or county to consult with other jurisdictions to ensure that the plan is consistent with regional homelessness planning efforts. The bill would require a city or county to submit its housing obligation plan to the Department of Housing and Community Development for review and post the plan to its internet website by January 1, 2025. The bill would require a city or county to update its housing obligation plan on or before January 1 of each subsequent year.
This bill would establish the Homeless Housing Obligation Fund in the State Treasury. The bill would require moneys to be deposited in the fund upon appropriation by the Legislature and would require those moneys to be awarded by the Department of Housing and Community Development as grants to cities, counties, and nonprofit housing entities for the purpose of fulfilling the housing obligations required by these provisions, and would specify eligible uses of the grant funding. The bill would require the grant funding to be allocated to projects that provide housing to individuals that are homeless, individuals that are previously homeless, individuals that are at risk of homelessness, and extremely low income households, as specified.
This bill would authorize the Department of Housing and Community Development to adopt regulations to implement these provisions.
Existing law additionally requires the Department of Housing and Community Development, in consultation with each council of governments, to determine each region’s existing and projected housing need, as provided. Existing law requires each council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county and that furthers specified objectives. Existing law requires the regional housing needs allocation plan to further specified objectives, including that each jurisdiction receives an allocation of units for low- and very low income households, as defined.
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This bill, for regional housing need assessments on or after January 1, 2024, would require “homeless” to be included as an income category for purposes of the regional housing needs allocation plan and would require the regional housing needs allocation plan to further fulfilling the city’s or county’s above-described obligation to provide housing fit for human habitation. opportunities. By requiring each council of governments to revise the income categories used in regional housing needs allocations, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so 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.
The people of the State of California do enact as follows:
1 SECTION 1. (a) The legislature Legislature finds and declares 2 all of the following:
3 (1) The recommendations to improve the existing regional 4 housing needs allocation process by the Department of Housing 5 and Community Development, in collaboration with the Office of 6 Planning and Research and stakeholders, pursuant to Section 7 50515.05 of the Health and Safety Code, are critically important 8 in promoting and streamlining housing development to
9 substantially address California’s housing shortage.
10 (2) Homelessness in California is an urgent issue and needs to 11 be considered in local regional housing needs assessments. 12 (3) While a revision to the regional housing needs allocation 13 process will likely evolve out of the update and recommendations 14 provided by the Department of Housing and Community 15 Development to the Legislature, local jurisdictions are currently 95 Item: 17
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1 working on their next revision of their regional housing needs 2 assessment.
3 (b) It is the intent of the Legislature to enact legislation regarding 4 homelessness and the regional housing needs allocation. 5 SEC. 2. Section 65584 of the Government Code is amended 6 to read:
7 65584. (a) (1) For the fourth and subsequent revisions of the 8 housing element pursuant to Section 65588, the department shall 9 determine the existing and projected need for housing for each 10 region pursuant to this article. For purposes of subdivision (a) of 11 Section 65583, the share of a city or county of the regional housing 12 need shall include that share of the housing need of persons at all 13 income levels within the area significantly affected by the general 14 plan of the city or county.
15 (2) It is the intent of the Legislature that cities, counties, and 16 cities and counties should undertake all necessary actions to 17 encourage, promote, and facilitate the development of housing to 18 accommodate the entire regional housing need, and reasonable 19 actions should be taken by local and regional governments to 20 ensure that future housing production meets, at a minimum, the 21 regional housing need established for planning purposes. These 22 actions shall include applicable reforms and incentives in Section 23 65582.1.
24 (3) The Legislature finds and declares that insufficient housing 25 in job centers hinders the state’s environmental quality and runs 26 counter to the state’s environmental goals. In particular, when 27 Californians seeking affordable housing are forced to drive longer 28 distances to work, an increased amount of greenhouse gases and 29 other pollutants is released and puts in jeopardy the achievement 30 of the state’s climate goals, as established pursuant to Section 31 38566 of the Health and Safety Code, and clean air goals. 32 (b) The department, in consultation with each council of 33 governments, shall determine each region’s existing and projected 34 housing need pursuant to Section 65584.01 at least two years prior 35 to the scheduled revision required pursuant to Section 65588. The 36 appropriate council of governments, or for cities and counties 37 without a council of governments, the department, shall adopt a 38 final regional housing need plan that allocates a share of the 39 regional housing need to each city, county, or city and county at 40 least one year prior to the scheduled revision for the region required 95 Item: 17
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1 by Section 65588. The allocation plan prepared by a council of 2 governments shall be prepared pursuant to Sections 65584.04 and 3 65584.05.
4 (c) Notwithstanding any other provision of law, the due dates 5 for the determinations of the department or for the council of 6 governments, respectively, regarding the regional housing need 7 may be extended by the department by not more than 60 days if 8 the extension will enable access to more recent critical population 9 or housing data from a pending or recent release of the United 10 States Census Bureau or the Department of Finance. If the due 11 date for the determination of the department or the council of 12 governments is extended for this reason, the department shall 13 extend the corresponding housing element revision deadline 14 pursuant to Section 65588 by not more than 60 days.
15 (d) The regional housing needs allocation plan shall further all 16 of the following objectives:
17 (1) Increasing the housing supply and the mix of housing types, 18 tenure, and affordability in all cities and counties within the region 19 in an equitable manner, which shall result in each jurisdiction 20 receiving an allocation of units for low- and very low income 21 households.
22 (2) Promoting infill development and socioeconomic equity, 23 the protection of environmental and agricultural resources, the 24 encouragement of efficient development patterns, and the 25 achievement of the region’s greenhouse gas reductions targets 26 provided by the State Air Resources Board pursuant to Section 27 65080.
28 (3) Promoting an improved intraregional relationship between 29 jobs and housing, including an improved balance between the 30 number of low-wage jobs and the number of housing units 31 affordable to low-wage workers in each jurisdiction. 32 (4) Allocating a lower proportion of housing need to an income 33 category when a jurisdiction already has a disproportionately high 34 share of households in that income category, as compared to the 35 countywide distribution of households in that category from the 36 most recent American Community Survey.
37 (5) Affirmatively furthering fair housing.
38 (6) Fulfilling the city’s or county’s obligation to provide housing 39 fit for human habitation opportunities pursuant to the Homeless 95 Item: 17
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1 Housing Obligation Act (Chapter 10 (commencing with Section 2 50270) of Part 1 of Division 31 of the Health and Safety Code). 3 (e) For purposes of this section, “affirmatively furthering fair 4 housing” means taking meaningful actions, in addition to 5 combating discrimination, that overcome patterns of segregation 6 and foster inclusive communities free from barriers that restrict 7 access to opportunity based on protected characteristics. 8 Specifically, affirmatively furthering fair housing means taking 9 meaningful actions that, taken together, address significant 10 disparities in housing needs and in access to opportunity, replacing 11 segregated living patterns with truly integrated and balanced living 12 patterns, transforming racially and ethnically concentrated areas 13 of poverty into areas of opportunity, and fostering and maintaining 14 compliance with civil rights and fair housing laws.
15 (f) For purposes of this section, “household income levels” are 16 as determined by the department as of the most recent American 17 Community Survey pursuant to the following code sections:
18 (1) Very low incomes as defined by Section 50105 of the Health 19 and Safety Code.
20 (2) Lower incomes, as defined by Section 50079.5 of the Health 21 and Safety Code.
22 (3) Moderate incomes, as defined by Section 50093 of the Health 23 and Safety Code.
24 (4) Above moderate incomes are those exceeding the
25 moderate-income level of Section 50093 of the Health and Safety 26 Code.
27 (5) (A) For regional housing need assessments on or after 28 January 1, 2024, “homeless” shall be included as an income 29 category.
30 (B) For purposes of this paragraph, “homeless” has the same 31 meaning as in Section 50271 of the Health and Safety Code. 32 (g) Notwithstanding any other provision of law, determinations 33 made by the department, a council of governments, or a city or 34 county pursuant to this section or Section 65584.01, 65584.02, 35 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08 36 are exempt from the California Environmental Quality Act 37 (Division 13 (commencing with Section 21000) of the Public 38 Resources Code).
39 SEC. 3. Chapter 10 (commencing with Section 50270) is added 40 to Part 1 of Division 31 of the Health and Safety Code, to read:
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1 Chapter 10. The Homeless Housing Obligation Act
2 3 50270. (a) This chapter shall be known, and may be cited, as 4 the Homeless Housing Obligation Act.
5 (b) The Legislature finds and declares that local governments 6 and the State of California have an obligation to provide housing 7 fit for human habitation for individuals residing in the state. 8 50271. For purposes of this chapter, the following shall apply:
9 (a) “At risk of homelessness” and “homeless” have the same 10 meaning as in Section 578.3 of Title 24 of the Code of Federal 11 Regulations.
12(b) “Department” means the Department of Housing and
13Community Development.
14 (b)
15(c) “Extremely low income households” has the same meaning 16 as defined in Section 50106.
17(d) “Housing opportunity” means providing any of the following 18to an individual or household experiencing homelessness:
19(1) Rental subsidies.
20(2) Access to a permanent housing unit.
21(3) Access to prevention and diversion services to permanent 22housing.
23(4) Access to outreach, housing navigation, and tenancy support 24stabilizing services.
25 (c)
26(e) “Point-in-time count” means the most recent point in time 27 count completed pursuant to Section 578.3 of Title 24 of the Code 28 of Federal Regulations.
29 50272. (a) Each By January 1, 2030, each city and county 30 shall provide housing fit for habitation opportunities for homeless 31 individuals within its jurisdiction based on the most recent 32 point-in-time count conducted.
33(b) Each city and county shall develop a housing obligation 34plan that describes how the city or county plans to increase housing 35opportunities in its jurisdiction so that it can offer at least one 36housing opportunity to each homeless individual by January 1, 372030, based on the most recent point-in-time count.
38(1) Each city and county shall submit its housing obligation 39plan to the department and post the plan to its internet website by 95 Item: 17
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1January 1, 2025. Each city and county shall update its housing 2obligation plan on or before January 1 of each subsequent year. 3 (b) Each city and county shall develop a housing obligation plan 4 to fulfill its housing obligation required under subdivision (a), to 5 be updated annually, and shall post the plan to its internet website. 6 The
7(2) The housing obligation plan shall include, but not be limited 8 to, all of the following:
9 (1)
10(A) Goals and plans to fulfill the city or county’s housing 11 obligation, including specific projects and completion timelines. 12 (2)
13(B) Progress completed to date by the city or county to reduce 14 the number of homeless individuals in its jurisdiction. 15 (3)
16(C) Integration with the city or county’s regional housing needs 17 allocation plan created pursuant to Section 65584 of the 18 Government Code.
19(D) (i) For cities, the housing obligation plan shall identify the 20steps the city took to consult with the county in which it is located 21to ensure that its plan is consistent with regional homelessness 22planning efforts.
23(ii) For counties, the housing obligation plan shall identify the 24steps the county took to consult with each city located within the 25county to ensure its plan is consistent with regional homelessness 26planning efforts.
27(3) The department shall review each housing obligation plan 28before it distributes grants each year pursuant to Section 50273 29in order to determine whether it includes a sufficient number of 30housing opportunities to meet the requirement described in 31subdivision (a). The department shall respond to the city or county 32in writing upon the conclusion of its review. If the department 33determines that a housing obligation plan does not identify a 34sufficient number of housing opportunities, the department may 35make recommendations for how the city or county can improve its 36housing obligation plan. They city or county shall notify the 37department if it plans to implement their recommendations or 38provide alternatives.
39(4) If the city or county applies for, but does not receive, a grant 40pursuant to Section 50273, or the department does not offer grants 95 Item: 17
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1in a given year, the city or county shall have one additional year 2to develop a housing obligation plan, as described in subdivision 3(a).
4(5) The city or county may submit an existing plan that meets 5all of the requirements of paragraph (3) to the department in order 6to satisfy this subdivision.
7 50273. (a) The Homeless Housing Obligation Fund is hereby 8 created in the State Treasury. Moneys shall be deposited in the 9 fund upon appropriation by the Legislature and shall be awarded 10 by the department as grants, beginning on July 1, 2025, to cities, 11 counties, and nonprofit housing entities for the purpose of fulfilling 12 the housing obligations required by this chapter.
13 (b) Eligible uses of grant funds for purposes of fulfilling a city 14 or county’s housing obligation under Section 50272 shall include 15 all of the following:
16 (1) Rental subsidies.
17 (2) Incentives to landlords to take rental subsidies, such as 18 security deposits and holding fees.
19 (3) Operating subsidies in new and existing affordable or 20 supportive housing units.
21 (4) Capital funding for permanent housing, including hotel and 22 motel conversions.
23 (5) Prevention and diversion to permanent housing, including 24 rental subsidies, particularly from state-funded and county-run 25 institutional settings.
26 (6) Outreach, housing navigation, and tenancy support or 27 stabilizing services.
28 (c) Cities, counties, and nonprofit housing entities may submit 29 an application for a grant to the department in a form and manner 30 specified by the department. The application shall include, but is 31 not limited to, all of the following:
32 (1) A copy of the city or county’s most recent regional housing 33 needs allocation plan created pursuant to Section 65584 of the 34 Government Code.
35 (2) A copy of the city or county’s most recent point-in-time 36 count.
37 (3) A copy of the city or county’s housing obligation plan 38 created pursuant to Section 50272, if already developed. 50272. 39 (d) The department may use up to 5 percent of money 40 appropriated for administration of this chapter.
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1(e) (1) The department shall set aside at least 10 percent of the 2overall funding in the fund for counties with populations of less 3than 200,000, including the cities and nonprofit housing providers 4in those counties.
5(2) To the extent that all of the funds set aside in one year 6pursuant to paragraph (1) are not dedicated to plans approved by 7the committee, the amount of funds not dedicated shall be available 8to counties with populations of less than 200,000, including cities 9and nonprofit housing providers in those counties, in the following 10year.
11(f) The department shall distribute funds across the entire state 12based on the proportion of the population of a city or county that 13experiences homelessness or is at risk of homelessness. 14(g) The department shall prioritize grants for cities, counties, 15and nonprofit housing entities in jurisdictions that were able to 16demonstrate that their housing obligation plan developed pursuant 17to Section 50272 is consistent with regional homelessness planning 18efforts, as described in subparagraph (D) of paragraph (3) of 19subdivision (b) of Section 50272.
20 50274. (a) Funding awarded to a city, county, or nonprofit 21 housing entity pursuant to this chapter for purposes of fulfilling a 22 city or county’s housing obligation under Section 50272 shall be 23 allocated to projects that provide housing to any of the following:
24 (1) Individuals that are homeless.
25 (2) Individuals that are previously homeless.
26 (3) Individuals that are at risk of homelessness.
27 (4) Extremely low income households.
28 (b) The city, county, or nonprofit housing entity shall ensure 29 that a project that receives funding awarded pursuant to this chapter 30 reserves at least 50 percent of the housing units in the project to 31 individuals that are homeless or previously homeless. 32 50275. (a) The department may adopt regulations to implement 33 this chapter. The adoption, amendment, or repeal of a regulation 34 authorized by this subdivision is hereby exempted from the 35 rulemaking provisions of the Administrative Procedure Act 36 (Chapter 3.5 (commencing with Section 11340) of Part 1 of 37 Division 3 of Title 2 of the Government Code).
38(b) Before adopting initial guidelines for the operation of the 39program, the department shall solicit and consider stakeholder 40comments in the design and implementation of the program in at 95 Item: 17
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1least one 30-day public comment period. The department shall 2provide responses in writing to substantive written comments 3received during the comment period.
450276. The Legislature finds and declares that ensuring every 5individual experiencing homelessness in the state has access to 6housing is a matter of statewide concern and is not a municipal 7affair as that term is used in Section 5 of Article XI of the 8California Constitution. Therefore, this chapter applies to all cities, 9including charter cities.
10 50276. The Legislature finds and declares that this chapter 11 addresses a matter of statewide concern rather than a municipal 12 affair as that term is used in Section 5 of Article XI of the 13 California Constitution. Therefore, this chapter applies to all cities, 14 including charter cities.
15 SEC. 4. No reimbursement is required by this act pursuant to 16 Section 6 of Article XIII B of the California Constitution because 17 a local agency or school district has the authority to levy service 18 charges, fees, or assessments sufficient to pay for the program or 19 level of service mandated by this act, within the meaning of Section 20 17556 of the Government Code.
21 However, if the Commission on State Mandates determines that 22 this act contains other costs mandated by the state, reimbursement 23 to local agencies and school districts for those costs shall be made 24 pursuant to Part 7 (commencing with Section 17500) of Division 25 4 of Title 2 of the Government Code.
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AMENDED IN ASSEMBLY MARCH 23, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 972
Introduced by Assembly Member Maienschein
February 14, 2023
An act to amend Section 69926 of the Government Code, relating to courts. An act to add Section 65040.16 to the Government Code, relating to local government.
legislative counsel’s digest
AB 972, as amended, Maienschein. Superior court security. Local Assistance and Grant Program Streamlining Workgroup.
Existing law establishes the Office of Planning and Research in the Governor’s office for the purpose of serving the Governor and the Governor’s cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency.
This bill would require the Office of Planning and Research, in consultation with the League of California Cities, to convene a statewide, cross-agency Local Assistance and Grant Program Streamlining Workgroup, no later than April 30, 2024, to centralize local assistance and develop a coordinated system to manage available state and federal funding to deliver the maximum number of projects as efficiently as possible. The bill would require the Office of Planning and Research to appoint the workgroup members, as specified. The bill would require the workgroup to develop a report that includes the workgroup’s findings, plans, and recommendations for short-term, medium-term, and long-term goals, as specified, no later than January 31, 2025. The bill would require the report to be posted on the Office of Planning and Research’s internet website and require the workgroup 98 Item: 17
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to provide the report to the Department of Finance and relevant policy and fiscal committees of the Legislature. Subject to appropriation by the Legislature, the bill would require the Office of Planning and Research and any other relevant state entities to implement the workgroup’s recommendations pursuant to the specified deadlines.
Existing law requires the sheriff and superior court, in counties in which the sheriff’s department provides superior court security services, to enter into an annual or multiyear memorandum of understanding for court security services. Existing law requires the sheriff and superior court to meet and confer if necessary to negotiate the terms of a memorandum of understanding pursuant to a specified timeline. Existing law requires the terms of a memorandum of understanding to remain in effect and the sheriff to continue to provide court security until the parties enter into a new memorandum of understanding, as specified.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1SECTION 1. (a) Local government assistance is a critical tool 2for advancing equity and shared state and local policy goals by 3increasing access to state funding programs and other
4opportunities for the state’s most underresourced and historically 5underinvested communities. As such, it becomes increasingly 6necessary to coordinate and align local assistance resources to 7ensure that every community has the same opportunity to compete 8for the funding that is available to meet those goals. 9(b) Local municipalities often lack the resources, staff capacity, 10implementation experience, and technical expertise to apply for 11and secure competitive statewide targeted grant funding. 12Additionally, like other sectors, California cities are facing staffing 13shortages, a wave of early retirement, and other workforce 14stressors on existing municipal staff. In order for cities to 15effectively access state funding opportunities, streamlined 16application processes and robust, uniform local assistance from 17the state is crucial.
18SEC. 2. Section 65040.16 is added to the Government Code, 19to read:
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165040.16. (a) To confront the effects of fragmented,
2decentralized state funding opportunities and in recognition of the 3importance of state and local partnerships, the Office of Planning 4and Research shall, in consultation with the League of California 5Cities, convene a statewide, cross-agency Local Assistance and 6Grant Program Streamlining Workgroup, no later than April 30, 72024, to centralize local assistance and develop a coordinated 8system to manage available state and federal funding to deliver 9the maximum number of projects as efficiently as possible. 10(b) The workgroup shall prioritize the unique needs of 11underresourced and disadvantaged communities and shall take 12into consideration achieving more equitable distribution of funding. 13(c) The workgroup members shall be appointed by the Office 14of Planning and Research and serve without compensation. 15(1) The workgroup members shall include, but are not limited 16to, representatives from the following entities and stakeholders:
17(A) The Office of Planning and Research.
18(B) The California Environmental Protection Agency and, as 19necessary and appropriate as deemed by the workgroup chair, 20representatives of its boards, departments, and offices. 21(C) The Natural Resources Agency and, as necessary and 22appropriate as deemed by the workgroup chair, its departments, 23representatives of its conservancies, and commissions. 24(D) The Department of Finance.
25(E) The Department of Technology.
26(F) A city with a population of fewer than 50,000.
27(G) A city with a population between 50,000 and 149,999. 28(H) A city with a population between 150,000 and 249,999. 29(I) A city with a population of more than 250,000.
30(J) A rural city.
31(K) A suburban city.
32(L) An urban city.
33(M) The League of California Cities.
34(2) The workgroup members may include, but are not limited 35to, other partners or representatives of entities involved in grant 36application development, project management, implementation, 37and monitoring, as needed.
38(3) The workgroup shall be chaired by the representative from 39the Office of Planning and Research.
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1(d) The workgroup shall meet as often as is necessary to develop 2robust, informed plans and recommendations and is disbanded as 3of January 31, 2025.
4(e) The workgroup shall consider, but is not limited to, 5developing plans and recommendations that accomplish any of 6the following:
7(1) Creation, coordination, and implementation of an integrated, 8statewide, centralized program for assistance and training to local 9governments in grant application development, project
10management, implementation, and monitoring.
11(2) Identify substantially similar state climate resiliency and 12other environmental or natural resources programs to enable the 13state to implement a single application, with aligned scoring 14criteria and deadlines, for making coordinated awards under all 15programs, pursuant to the timeline included in subdivision (f). 16(3) Identify information technology solutions to improve 17processes, support uniform applications, and manage data. 18(f) The workgroup shall develop a report that includes the 19workgroup’s findings, plans, and recommendations no later than 20January 31, 2025. The report shall include all of the following:
21(1) Short-term solutions that can be accomplished by June 30, 222025.
23(2) Medium-term solutions that can be accomplished by January 2431, 2026.
25(3) Long-term solutions that can be accomplished by January 2631, 2027.
27(g) The workgroup shall post the report on the Office of 28Planning and Research’s internet website and provide the report 29to the Department of Finance and relevant policy and fiscal 30committees of the Legislature.
31(h) Subject to appropriation by the Legislature, the Office of 32Planning and Research and any other relevant state entities shall 33implement the workgroup’s recommendations pursuant to the 34deadlines included in subdivision (f).
35 SECTION 1. Section 69926 of the Government Code is
36 amended to read:
37 69926. (a) This section applies to the superior court and the 38 sheriff in those counties in which the sheriff’s department provides 39 court security services.
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1 (b) The sheriff, with the approval and authorization of the board 2 of supervisors, shall, on behalf of the county, enter into an annual 3 or multiyear memorandum of understanding with the superior 4 court specifying an agreed-upon level of court security services 5 and any other agreed-upon governing or operating procedures. 6 The memorandum of understanding and the court security plan 7 may be included in a single document.
8 (c) If the superior court and the sheriff are unwilling or unable 9 to enter into an agreement pursuant to this section at least 30 days 10 before the expiration date of an existing memorandum of 11 understanding, or if there is a dispute regarding the administration 12 or level of services and equipment being provided pursuant to this 13 article, the superior court, sheriff, and county shall meet and confer. 14 The superior court shall designate a representative with authority 15 to resolve the dispute, who shall meet and confer with 16 representatives designated by the sheriff and county who have the 17 authority to negotiate a resolution and recommend the resolution 18 to the board of supervisors. The meeting shall occur within five 19 business days of any party requesting the meeting.
20 (d) If the meeting described in subdivision (c) does not result 21 in a recommended resolution to the dispute, the presiding judge 22 of the court, the sheriff, or the chair of the board of supervisors 23 may request the assistance of the Administrative Director of the 24 Courts, the President of the California State Sheriffs’ Association, 25 and the President of the California State Association of Counties. 26 Within 10 business days of the request, the representatives of the 27 superior court, the sheriff, and the county involved in the dispute 28 shall meet to discuss the dispute with the Judicial Council, the 29 California State Sheriffs’ Association, and the California State 30 Association of Counties. The representatives of the superior court, 31 the sheriff, and the county attending the meeting shall have the 32 authority to negotiate a resolution on behalf of their respective 33 principals. Any recommended resolution shall be approved by the 34 board of supervisors, consistent with subdivision (b). 35 (e) The Judicial Council shall, by rule of court, establish a 36 process that, notwithstanding any other law, expeditiously and 37 finally resolves disputes that are not settled in the meeting process 38 described in subdivision (d). The rule of court shall do all of the 39 following:
40 (1) Provide a process for parties to submit disputes. 98 Item: 17
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1 (2) Provide for the assignment of a justice who is not from the 2 court of appeal district in which the county, the superior court, and 3 the sheriff are located.
4 (3) Provide an expedited process for hearing these matters in a 5 venue convenient to the parties and assigned justice. 6 (4) Provide that the justice shall hear the petition and issue a 7 decision on an expedited basis.
8 (5) Provide a process for an appeal of the decision issued 9 pursuant to paragraph (4). The appeal shall be heard in a court of 10 appeal district other than the one in which the county, the superior 11 court, and the sheriff are located.
12 (f) The terms of a memorandum of understanding shall remain 13 in effect, to the extent consistent with this article, and the sheriff 14 shall continue to provide court security as required by this article, 15 until the parties enter into a new memorandum of understanding.
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AMENDED IN ASSEMBLY APRIL 5, 2023
AMENDED IN ASSEMBLY MARCH 2, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 550
Introduced by Assembly Member Schiavo
(Coauthors: Assembly Members Addis, Bonta, Juan Carrillo, Gipson, Grayson, Haney, McCarty, Quirk-Silva, Ramos, and Ting)
February 8, 2023
An act to add Section 50034 50035 to the Government Code, relating to homelessness.
legislative counsel’s digest
AB 550, as amended, Schiavo. Homelessness: public hearings. point-in-time count results: meetings.
Existing law, the Planning and Zoning Law, requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element. Existing law requires the housing element to identify the existing and projected housing needs of all economic segments of the community.
Existing federal law requires a continuum of care, a group organized under the federal McKinney-Vento Homeless Assistance Act, to develop a plan that includes planning for and conducting, at least biennially, a point-in-time count of homeless persons within the geographic area.
Existing law requires that information from the point-in-time count be used to, among other things, allocate funding for the Homeless Emergency Aid program and Homeless Housing, Assistance, and Prevention program.
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This bill would require a city, county, and city and county, within 60 days after the local continuum of care releases the results of a point-in-time count for a city, county, or city and county’s jurisdiction, to, among other things, agendize the point-in-time count results at a meeting of the city, county, or city and county and present the steps the city, county, or city and county is taking to prevent and end homelessness, including, but not limited to, consideration of specified actions. By imposing new duties on local agencies, this bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse 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.
Existing law authorizes a county board of supervisors, by ordinance, to cause a validated census of the county or any district therein to be taken in years other than those in which a census is taken by the United States that enumerates all the inhabitants of the county or district, as specified. Existing law, the Planning and Zoning Law, requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element.
Existing law requires the housing element to identify the existing and projected housing needs of all economic segments of the community.
This bill would require a city, county, and city and county, on or before January 1, 2025, and annually thereafter, to conduct a point-in-time count of homeless persons within that jurisdiction and, on or before January 1, 2026, and annually thereafter, to hold a public hearing to present the data gathered and discuss plans to solve issues related to homelessness in that jurisdiction. The bill would require the city, county, and city and county to, at least 30 days before the public hearing, publish the results of the data gathered on that jurisdiction’s internet website and, within 6 months after the public hearing, to develop a plan to reduce homelessness within that jurisdiction. By requiring local agencies to conduct a point-in-time count of homeless persons 97 Item: 17
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and develop a plan to reduce homelessness, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse 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.
The people of the State of California do enact as follows:
1SECTION 1. Section 50035 is added to the Government Code, 2to read:
350035. (a) For purposes of this section, “continuum of care” 4and “point-in-time count” have the same meanings as defined by 5the United States Department of Housing and Urban Development 6at Section 578.3 of Title 24 of the Code of Federal Regulations. 7(b) Within 60 days after the local continuum of care releases 8the results of a point-in-time count for a city, county, or city and 9county’s jurisdiction, a city, county, and city and county shall do 10all of the following:
11(1) Agendize the point-in-time count results at a meeting of the 12city, county, or city and county. The results may be agendized at 13a regular or special meeting.
14(2) Designate a member of their staff to present the results at 15the meeting, if a staff member from the local continuum of care is 16unable to present the results.
17(3) At the meeting described in paragraph (1) or a subsequent 18meeting of the city, county, or city and county, present the steps 19the city, county, or city and county is taking to prevent and end 20homelessness, including, but not limited to, consideration of all 21of the following:
22(A) Making publicly owned land available for development of 23affordable and supportive housing.
24(B) Zoning to allow for the development of affordable, 25supportive, and interim housing.
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1(C) Creating appropriate eviction protections and other tenant 2protections.
3(D) Coordinating with neighboring cities, the county, or other 4governmental entities to ensure people in their jurisdiction have 5access to services and housing.
6(E) Providing hygiene and sanitation services to people living 7unsheltered.
8SEC. 2. The Legislature finds and declares that Section 1 of 9this act adding Section 50035 to the Government Code addresses 10a matter of statewide concern rather than a municipal affair as 11that term is used in Section 5 of Article XI of the California 12Constitution. Therefore, Section 1 of this act applies to all cities, 13including charter cities.
14SEC. 3. If the Commission on State Mandates determines that 15this act contains costs mandated by the state, reimbursement to 16local agencies and school districts for those costs shall be made 17pursuant to Part 7 (commencing with Section 17500) of Division 184 of Title 2 of the Government Code.
19 SECTION 1. Section 50034 is added to the Government Code, 20 to read:
21 50034. (a) On or before January 1, 2025, and annually 22 thereafter, a city, county, and city and county shall conduct a 23 point-in-time count of homeless persons within that jurisdiction. 24 “Point-in-time count” means a count of sheltered and unsheltered 25 homeless persons carried out on one night in the last 10 calendar 26 days of January or at another time as specified by the jurisdiction. 27 (b) On or before January 1, 2026, and annually thereafter, the 28 city, county, and city and county shall hold a public hearing to 29 present the data gathered pursuant to subdivision (a) and discuss 30 plans to solve issues related to homelessness in that jurisdiction. 31 (c) At least 30 days before the public hearing, the city, county, 32 and city and county shall publish the results of the data gathered 33 pursuant to subdivision (a) on that jurisdiction’s internet website. 34 (d) Within six months after the public hearing, the city, county, 35 and city and county shall develop a plan to reduce homelessness 36 within that jurisdiction.
37 SEC. 2. If the Commission on State Mandates determines that 38 this act contains costs mandated by the state, reimbursement to 39 local agencies and school districts for those costs shall be made 97 Item: 17
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1 pursuant to Part 7 (commencing with Section 17500) of Division 2 4 of Title 2 of the Government Code.
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AMENDED IN ASSEMBLY APRIL 27, 2023
AMENDED IN ASSEMBLY MARCH 16, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1637
Introduced by Assembly Member Irwin
February 17, 2023
An act to add Section 50034 to the Government Code, relating to local government.
legislative counsel’s digest
AB 1637, as amended, Irwin. Local government: internet websites and email addresses.
(1) The California Constitution authorizes cities and counties to make and enforce within their limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws, laws and further authorizes cities organized under a charter to make and enforce all ordinances and regulations in respect to municipal affairs, which supersede inconsistent general laws.
The California Public Records Act requires a local agency to make public records available for inspection and allows a local agency to comply by posting the record on its internet website and directing a member of the public to the internet website, as specified.
This bill, no later than January 1, 2025, 2026, would require a local agency, as defined, that maintains an internet website for use by the public to ensure that the internet website utilizes a “.gov” top-level domain or a “.ca.gov” second-level domain, domain and would require a local agency that maintains an internet website that is noncompliant with that requirement to redirect that internet website to a domain name 97 Item: 17
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that does utilize a “.gov” or “.ca.gov” domain. This bill, no later than January 1, 2025, 2026, would also require a local agency that maintains public email addresses to ensure that each email address provided to its employees utilizes a “.gov” domain name or a “.ca.gov” domain name. By adding to the duties of local officials, the bill would impose a state-mandated local program.
(2) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the 2 following:
3 (a) The Cybersecurity and Infrastructure Security Agency 4 (CISA), within the Department of Homeland Security, sponsors 5 the “.gov” top-level domain and makes it available solely to United 6 States-based government organizations and publicly controlled 7 entities, including California’s local agencies.
8 (b) California’s local agencies qualify for a “.gov” domain 9 without paying any fee.
10 (c) Using “.gov” increases security by enforcing multifactor 11 authentication on all accounts in the “.gov” registrar, requiring 12 browsers to only use a Hypertext Transfer Protocol Secure 13 (HTTPS) connection with “.gov” domains, and enabling the 14 addition of a security contact, making it easier for the public to 15 alert the agency about potential security issues with the agency’s 16 online services.
17 (d) The Government Operations Agency oversees the “.ca.gov” 18 domain name program, and the Department of Technology 19 manages the registration, change, and renewal process for “.ca.gov” 20 domains. Agencies are not required to pay any fee for a “.ca.gov” 21 domain.
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1 (e) To administer the “.ca.gov” second-level domain, the 2 Department of Technology has established policies and protocols 3 consistent with federal policy policy, including, but not limited to, 4 the federal Interagency Committee on Government Information’s 5 Recommended Policies and Guidelines for Federal Public Websites 6 and the federal .gov Registrar administered by CISA.
7 (f) Users of websites or other internet services with a “.ca.gov” 8 domain can be assured they are accessing an official California 9 governmental resource.
10 SEC. 2. Section 50034 is added to the Government Code, to 11 read:
12 50034. (a) (1) No later than January 1, 2025, 2026, a local 13 agency that maintains an internet website for use by the public 14 shall ensure that the internet website utilizes a “.gov” top-level 15 domain or a “.ca.gov” second-level domain.
16 (2) If a local agency that is subject to paragraph (1) maintains 17 an internet website for use by the public that is noncompliant with 18 paragraph (1) by January 1, 2025, 2026, that local agency shall 19 redirect that internet website to a domain name that does comply 20 with paragraph (1).
21 (b) No later than January 1, 2025, 2026, a local agency that 22 maintains public email addresses for its employees shall ensure 23 that each email address provided to its employees utilizes a “.gov” 24 domain name or a “.ca.gov” domain name.
25 (c) For purposes of this section, “local agency” has the same 26 meaning as that term is defined in Section 54951.
27 SEC. 3. The Legislature finds and declares that Section 2 of 28 this act adding Section 50034 to the Government Code addresses 29 a matter of statewide concern and is not a municipal affair as that 30 term is used in Section 5 of Article XI of the California 31 Constitution. Therefore, Section 1 of this act adding Section 50034 32 to the Government Code applies to all cities, including charter 33 cities.
34 SEC. 4. No reimbursement is required by this act pursuant to 35 Section 6 of Article XIII B of the California Constitution because 36 a local agency or school district has the authority to levy service 37 charges, fees, or assessments sufficient to pay for the program or 97 Item: 17
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1 level of service mandated by this act, within the meaning of Section 2 17556 of the Government Code.
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