Lake Forest City Council
July 5, 2023

AGENDA

LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Wednesday, July 5, 2023
Public Session 6:30 p.m.

City Council Chambers, 100 Civic Center Drive, Lake Forest, California NOTICE: Pursuant to Lake Forest Municipal Code Section 2.04.010, Regular Meetings of the City Council are held the First and Third Tuesday of each month at the hour of 5:30 p.m. for Closed Session matters, if required.

The Public Session of the meeting shall commence at 6:30 p.m. or as soon thereafter as possible. Special Meeting times may be held at a different time and date as listed on the Agenda.

AGENDA DOCUMENT REVIEW: The Agenda and staff reports are available on the Internet at https://www.lakeforestca.gov/en/government/meeting-agendas-and-minutes/meeting-agendas and at the City Clerk’s Office, 100 Civic Center Drive, Lake Forest, California, on the Friday before the meeting on Tuesday.

AGENDA DESCRIPTION: The Agenda descriptions are intended to give notice to members of the public of a general summary of items of business to be transacted or discussed. The listed Recommended Action represents staff’s recommendation. The City Council may take any action which it deems to be appropriate on the agenda item and is not limited in any way by the recommended action.

AGENDA ON SOCIAL MEDIA: This meeting will be streamed through Facebook Live. Comments will not be taken via Facebook Live. The City provides the Facebook Live stream as an additional service to the public.

However, the City cannot guarantee that its network and/or the site will be uninterrupted. The City is not responsible for any interrupted service.

SPECIAL NOTICE REGARDING PUBLIC ACCESS TO THE MEETING AND PUBLIC COMMENT:

PUBLIC PARTICIPATION: In addition to attending in person, members of the public may access the meeting live on our website at https://www.lakeforestca.gov/en/government/meeting-agendas-and-minutes/meeting-agendas.

PUBLIC COMMENT PRIOR TO THE MEETING: Members of the public may submit email comments to [email protected]. Email comments will be uploaded to the agenda packet and made part of the official public record of the meeting and will not be read at the meeting. To ensure staff reviews all comments prior to the City Council meeting, please submit email comments no later than 5:00 p.m. the day of the meeting.

PUBLIC COMMENT: Members of the public may provide comments in-person at the meeting. Public comments will no longer be accepted remotely. Those wishing to provide comments in-person at the meeting will be asked to submit a request to speak to the City Clerk. To ensure prompt distribution to the City Council, members of the public wishing to provide written materials to the City Council should do so prior to the start of the meeting or as close thereto as possible, as time will not be taken during the public comment period to distribute written materials to the City Council.

July 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 1 CALL TO ORDER:

Council Members:

Mayor Pro Tem:

Mayor:

City Manager:

City Attorney:

Assistant City Clerk:
6:30 p.m.

Robert Pequeño
Scott Voigts
Benjamin Yu
Mark Tettemer
Doug Cirbo
Debra Rose
Matthew E. Richardson
Thy Merritt
PUBLIC SESSION: 6:30 p.m.

PUBLIC SESSION: At this time, the City Council will convene to consider public matters. Those wishing to address the City Council must submit a completed “Request to Speak” form to the City Clerk prior to City Council action.

INVOCATION: The Invocation will be provided by Pastor Aaron Hale, Calvary Chapel Foothill Ranch.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Council Member Voigts.

PRESENTATIONS (Item No. 1)

1. RECOGNITION OF THE HERITAGE HILL AMIGOS DE LA COLINA

VOLUNTEER DOCENT GROUP
RECOMMENDED ACTION: Present a certificate of recognition to the Heritage Hill Historic Park “Amigos De La Colina” volunteer docent group.

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. Those wishing to provide comments at the meeting will be asked to submit a request to speak to the City Clerk.

July 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 2 CONSENT CALENDAR (Item Nos. 2 – 5)
All matters listed under the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request specific items be removed from the Consent Calendar for separate action.

2. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES RECOMMENDED ACTION: Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

3. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JUNE 20, 2023
RECOMMENDED ACTION: Approve as submitted.

4. COOPERATIVE AGREEMENT WITH CALTRANS FOR BAKE PARKWAY /

ROCKFIELD BOULEVARD REGIONAL TRAFFIC SIGNAL

SYNCHRONIZATION PROJECT
RECOMMENDED ACTION: 1. Approve the Cooperative Agreement No. 12-0855 between Caltrans and the City of Lake Forest for the Bake Parkway /Rockfield Boulevard Traffic Signal Synchronization Project for funding and implementation of improvements on Bake Parkway and Rockfield Boulevard under the OC-Go (formerly known as Measure M2) Regional Traffic Signal Synchronization Program. 2. Authorize the Mayor to sign, and the City Clerk to attest, the Cooperative Agreement No. 12-0855, substantially in the form attached in accordance with CalTrans’ contract management system.

July 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 3

5. CONSIDERATION OF PROFESSIONAL CONSULTANT SERVICES

AGREEMENT WITH THE PET ADOPTION CENTER OF ORANGE
COUNTY
RECOMMENDED ACTION: Exercise discretion in considering the Professional Consultant Services Agreement with the Pet Adoption Center of Orange County.

DISCUSSION/ACTION ITEMS (Item Nos. 6 – 8)
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.

6. CONSIDERATION OF A RESOLUTION POLICY AND AMENDMENTS TO

EXISTING POLICIES
RECOMMENDED ACTION: 1. Adopt the attached City Council Resolution Policy outlining the guidelines for issuing a Resolution. 2. Approve amendments to the City Council Recognitions-Proclamations, Certificates, Resolutions and/or City Paraphernalia Policy. 3. Approve amendments to the City Council Written Communication Policy.

7. ESTABLISHMENT OF PERMIT PARKING ON TULIP STREET
RECOMMENDED ACTION: Adopt a Resolution entitled: A RESOLUTION

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

ESTABLISHING PERMIT PARKING ON TULIP STREET PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 22507 AND THE LAKE FOREST

RESIDENTIAL PARKING MANAGEMENT POLICY
July 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 4

8. APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE

TASTE OF LAKE FOREST
RECOMMENDED ACTION: Adopt a Resolution entitled: A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2023-2025 OPERATING BUDGET; AMENDING
APPROPRIATIONS FOR FISCAL YEAR 2023-24

CITY MANAGER'S REPORT
At this time, the City Manager may comment on agenda and non-agenda items; and report on items of interest to the City Council and community.

CITY COUNCIL COMMENTS
At this time, City Council Members may comment on agenda or non-agenda matters. No discussion may take place on any item not appearing on the posted agenda. Council Members may ask a question for clarification, respond to statements made or questions posed by the public, make a brief announcement, or make a brief report on his or her own activities. In addition, the City Council may refer to staff or other resources for factual information, request staff to report back at a subsequent meeting or direct staff to place a matter of business on a future agenda. No action may be taken on non-agenda matters unless authorized by law (Government Code Section 54954.2).

Council Member Pequeño:

Council Member Voigts:

Council Member Yu:

Mayor Pro Tem Tettemer:

Mayor Cirbo:

July 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 5

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 June 29, 2023.

Lisa Berglund
City Clerk
July 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 6

CITY COUNCIL AGENDA REPORT
MEETING DATE: 7/5/2023
DEPARTMENT: City Clerk
SUBJECT:

RECOGNITION OF THE HERITAGE HILL AMIGOS DE LA COLINA

VOLUNTEER DOCENT GROUP
RECOMMENDED ACTION(S):

Present a certificate of recognition to the Heritage Hill Historic Park “Amigos De La Colina” volunteer docent group.

EXECUTIVE SUMMARY:

The Heritage Hill Historical Park “Amigos De La Colina” volunteer docent group came together in 1983 with a mission to share the local history of the Saddleback Valley. Since then, the group has provided on-going education through carefully crafted tours that preserve, relate, and inspire interest in the history of the Saddleback area.

At the June 6, 2023, City Council meeting, Mayor Pro Tem Tettemer received consensus to recognize the volunteer docent group’s service to the Lake Forest community. Staff recommends that a certificate of recognition be presented to the volunteer docents.

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

1. Certificate of Recognition

2. Minute Excerpt from Regular City Council Meeting held on June 6, 2023 Initiated By: Thy Merritt, Assistant City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 1
7 ATTACHMENT 1
Item: 1
8 CERTIFICATE OF RECOGNITION

THE LAKE FOREST CITY COUNCIL

HEREBY RECOGNIZES
Amigos De La Colina
The City Council and City of Lake Forest would like to thank you for your service to the community and for preserving the history of Lake Forest and the greater Saddleback Valley area.

July 5, 2023
________________________

DOUG CIRBO
MAYOR
________________________

MARK TETTEMER

MAYOR PRO TEM
_________________________
ROBERT PEQUEÑO

COUNCIL MEMBER
________________________

SCOTT VOIGTS

COUNCIL MEMBER
________________________

BENJAMIN YU

COUNCIL MEMBER

Item: 1
9 ATTACHMENT 2
Item: 1
10 MINUTE EXCERPT

LAKE FOREST REGULAR CITY COUNCIL MEETING
JUNE 6, 2023
____________________________________________________________

CITY COUNCIL COMMENTS
Mayor Pro Tem
Tettemer:

Mayor Pro Tem Tettemer reported on his
volunteer work at Heritage Hill Historical
Park and highlighted the work of Amigos de
la Colina volunteers. He reported on his
attendance at the 40th anniversary event for
Amigos de la Colina. He requested
consensus to recognize through a
proclamation or certificate the Amigos de la
Colina volunteers’ service to the community.

Council Member Voigts and Mayor Cirbo
provided consensus.

Item: 1
11 CITY COUNCIL AGENDA REPORT
MEETING DATE: 7/5/2023
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: 2
12 5
2 3
1 0

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, June 20, 2023, at the Lake Forest City Council Chambers, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:30 p.m. with all members present.

ROLL CALL:

Council Members:

Robert Pequeño
Scott Voigts
Benjamin Yu
Mayor Pro Tem: Mark Tettemer
Mayor: Doug Cirbo

City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund

CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: 25092 Farthing Street, Lake Forest CA
APN: 614-021-34
Agency Negotiator: City Manager, Director of Public Works Negotiating Parties: City of Lake Forest and Lee Harris, Trustee to EFTFTB, LLC, and/or their authorized agent(s)
Under Negotiation: Price and Terms of Payment

ACTION: Closed session was conducted.

RECESS: City Council recessed to Closed Session for the purpose of conducting regular City business.

CLOSED SESSION REPORT: City Attorney Richardson had no action to report.

CLOSED SESSION PUBLIC COMMENT: Andrew O’Connor expressed his concerns with the property on 25092 Farthing Street becoming a homeless shelter.

INVOCATION: The Invocation was provided by Chaplain Charles Williams, Orange County Sheriff’s Department.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Girl Scouts Brownie Troop #8627.

Item: 3
13 June 20, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 9 PUBLIC COMMENTS:

Bob Holtzclaw expressed his concerns on various issues regarding Council Members Pequeño, Tettemer, and Yu.

Andrew O’Connor expressed his concerns with Council Member Voigts’ travel reimbursement for the ACC-OC Washington D.C. Advocacy Trip in April, the quality of the work of the City’s Code Enforcement division, and businesses leaving the city.

Randy Johnson expressed his concerns with Council Member Voigts’ travel reimbursement for the ACC-OC Washington D.C. Advocacy Trip in April.

CONSENT CALENDAR: (Item Nos. 2 – 10)
Item Nos. 4 and 9 were pulled for discussion. Council Member Voigts pulled Item No. 10 for discussion.

STATEMENTS READ INTO THE RECORD:

Mayor Cirbo: There is a warrant on the register to All City Management Services. My wife is an employee of the ACMS and I have determined that I have a remote interest in this warrant and will abstain from voting on that warrant.

Item 10 on the Consent Calendar is an amendment to the agreement with All City Management Services. Because my wife is an employee of ACMS, I have determined that I have a remote interest in this item, and will abstain from voting on this item.

Mayor Pro Tem Tettemer: There is a warrant on the register to the Irvine Ranch Water District. I am an employee of the Irvine Ranch Water District, but I do not work for the department that generated this warrant. Because the Irvine Ranch Water District is a public agency and because I do not work for the department in question, I have determined that I have a non-interest in this warrant and will vote on this warrant.

Council Member Voigts: There are warrants on the register to the County of Orange. I am an employee of the County of Orange, but I do not work for the department that generated the warrants. Because the County of Orange is a public agency and because I do not work for the department in question, I have determined that I have a non-interest in these warrants and will vote on this item.

MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to approve Item Nos. 2 – 3, and 5 – 8. The motion was carried by a vote of 5/0.

2. 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.

3. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JUNE 6, 2023
Item: 3
14 June 20, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 9 ACTION: The minutes were approved as submitted.

5. MONTHLY TREASURER'S REPORT - MAY 2023
ACTION: The Monthly Treasurer’s Report was received and filed.

6. AWARD OF CONTRACT FOR BANKING SERVICES
ACTION: 1. The selection of U.S. Bank National Association to provide banking services was approved; and 2. The Mayor was authorized to sign, and the City Clerk attest, the Agreement with U.S. Bank National Association.

7. SECOND READING AND ADOPTION OF CITY-INITIATED ORDINANCES TO AMEND TITLES 5 AND 9 OF THE LAKE FOREST MUNICIPAL CODE TO

ADDRESS LOW BARRIER NAVIGATION CENTERS, TRANSITIONAL AND

SUPPORTIVE HOUSING, STREAMLINED REVIEW OF ELIGIBLE PROJECTS,

EMPLOYEE HOUSING, EMERGENCY SHELTER PARKING, AND

RESIDENTIAL CARE FACILITIES AND FINDING THE ACTIONS TO BE

EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTIONS
15060(C)(1) AND 15061(B)(3)
ACTION: 1. Second Reading was conducted and Ordinance No. 363 entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING TITLE 9 OF THE LAKE FOREST MUNICIPAL

CODE TO ADDRESS LOW BARRIER NAVIGATION CENTERS,

TRANSITIONAL AND SUPPORTIVE HOUSING, STREAMLINED REVIEW OF

ELIGIBLE PROJECTS, EMPLOYEE HOUSING, EMERGENCY SHELTER

PARKING, AND RESIDENTIAL CARE FACILITIES AND FINDING THE

ACTION TO BE EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTIONS 15060(c)(1) AND 15061(b)(3) was adopted. 2. Second Reading was conducted and Ordinance No. 364 entitled: AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, ADDING
CHAPTER 5.44 TO THE LAKE FOREST MUNICIPAL CODE REGARDING

RESIDENTIAL CARE FACILITIES AND FINDING THE ACTION TO BE

EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTIONS
15060(c)(1) AND 15061(b)(3) was adopted.

8. MASTER SERVICES AGREEMENT WITH FLOCK GROUP, INC.

ACTION: 1. The Master Services Agreement with Flock Group, Inc, for automatic license plate reader cameras was approved. 2. The City Manager was authorized to sign, and the City Clerk to attest, the Master Services Agreement, substantially in the form attached.

ITEMS PULLED FOR DISCUSSION: (Item Nos. 4, and 9 – 10)
Item: 3
15 June 20, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 9 Mayor Cirbo recused himself from the discussion of Item No. 10 and at 7:00 p.m. he turned the meeting over to Mayor Pro Tem Tettemer to chair. During this time, the votes for Item Nos. 4 and 9 also occurred.

4. CERTIFICATION OF WARRANT REGISTER
Andrew O’Connor offered public comment and expressed his concerns on various program spending and travel reimbursements to Council Members.

Council Member Yu asked for clarification on the travel reimbursements he received. City Clerk Berglund offered to send those documents to Council Member Yu.

MOTION: It was moved by Council Member Voigts, seconded by Mayor Pro Tem Tettemer, to approve the warrant register in the amount of $10,257,078.75.

The motion was carried by a vote of 4/0, with Mayor Cirbo recusing himself.

9. AWARD OF CONTRACT FOR STREET SWEEPING MAINTENANCE

SERVICES
Andrew O’Connor offered public comment and expressed his concerns on street sweeping costs. There was no further discussion amongst Council Members regarding this item.

MOTION: It was moved by Council Member Voigts, seconded by Mayor Pro Tem Tettemer to: 1. Award an Agreement for Maintenance Services in the amount of $2,226,015 to Athens Services for Street Sweeping Maintenance Services, and 2. Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to Athens Services, Inc., substantially in the form attached.

The motion was carried by a vote of 4/0, with Mayor Cirbo recusing himself.

10. SECOND AMENDMENT TO THE AGREEMENT WITH ALL CITY
MANAGEMENT SERVICES, INC.

Council Member Voigts and Yu requested further discussion on greater financial responsibilities of the school district regarding crossing guard services. Council Member Pequeño requested that staff follow up on invoices sent to the school district for crossing guard services that have yet to be paid.

MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu to: 1. Approve the Second Amendment to the Professional Services Agreement with All City Management Services, Inc. 2. Authorize the Mayor to sign, and the City Clerk to attest, the Second Amendment to the Professional Services Agreement substantially, in the form attached, and to have the item come back and discuss greater financial responsibilities of the school district.

The motion was carried by a vote of 4/0, with Mayor Cirbo recusing himself.

Item: 3
16 June 20, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 5 of 9 Mayor Cirbo returned to the dais at 7:07 p.m
DISCUSSION/ACTION ITEMS: (Item Nos. 11 – 18)

11. 2023-2025 OPERATING BUDGET AND 2023-2030 MASTER FINANCIAL PLAN

AND FINANCIAL FORECAST
City Manager Rose introduced this item and invited Finance Director Shirah to provide a presentation. No public comment was offered. Discussion ensued.

Council Member Pequeño recommended changing the Harvest Moon and Lunar New Year events to a multi-cultural event. Council Member Yu disagreed with Council Member Pequeño’s recommendation. Mayor Cirbo recommended staff obtain feedback from community leaders of different cultures. Council Member questions were asked and answered.

Council Member Pequeño also recommended that costs of the 5k event held on July 4 be addressed. City Manager Rose stated that discussions were ongoing with the school district to lower the cost of the event.

MOTION: It was moved by Council Member Voigts, seconded by Mayor Pro Tem Tettemer, to adopt a resolution entitled: A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, APPROVING A BUDGET FOR 2023-2025; APPROPRIATING FUNDS FOR FISCAL YEAR 2023-24 ONLY AND AUTHORIZING CERTAIN ACTIONS WITH
APPROPRIATIONS; AND ADOPTING ALL OF THE FOLLOWING: THE
UPDATE TO THE 2021-2022 THROUGH 2027-28 STRATEGIC BUSINESS PLAN, THE 2023-2030 CAPITAL IMPROVEMENT PLAN, THE 2023 GENERAL FUND RESERVE RISK ANALYSIS, AND THE 2023-2030 MASTER FINANCIAL PLAN AND FINANCIAL FORECAST with the Harvest Moon and Lunar New Year event as placeholders in the Strategic Plan. The motion was carried by a vote of 5/0.

12. CALIFORNIA CONSITUTION ARTICLE XIIIB APPROPRIATIONS LIMIT City Manager Rose introduced this item and provided a brief presentation. No public comment was offered.

MOTION: It was moved by Mayor Pro Tem Tettemer, seconded by Council Member Voigts, to adopt a Resolution entitled: A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, APPROVING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023-24 IN THE AMOUNT OF $160,113,982. The motion was carried by a vote of 5/0.

13. FIFTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT City Attorney Richardson introduced this item and provided a presentation.

Item: 3
17 June 20, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 6 of 9 Andrew O’Connor offered public comment and expressed his opposition to the City Manager’s salary increase. Randy Johnson offered public comment and expressed his opposition to the City Manager’s salary increase.

MOTION: It was moved by Council Member Yu, seconded by Council Member Pequeño, to approve the Fifth Amendment to City Manager Employment Agreement and authorize the Mayor to execute and the City Clerk to attest the document. The motion was carried by a vote of 5/0.

14. CLASSIFICATION PLAN AND COMPENSATION SCHEDULE FOR FISCAL YEAR 2023-24
City Manager Rose introduced this item and invited Assistant City Manager Neves to provide a presentation. Andrew O’Connor offered public comment and expressed his concerns with the fees associated with Ralph Anderson and Associates and Best, Best, and Krieger.

MOTION: It was moved by Council Member Pequeño, seconded by Council Member Voigts to adopt a Resolution entitled: A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, ADOPTING A REVISED CLASSIFICATION PLAN AND COMPENSATION SCHEDULE. The motion was carried by a vote of 5/0.

15. ANNUAL RENEWED MEASURE M ("M2") ELIGIBILITY SUBMITTAL TO THE

ORANGE COUNTY TRANSPORTATION AUTHORITY
City Manager Rose introduced this item and provided a brief presentation. No public comment was offered.

MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to: 1. Approve the Renewed Measure M ("M2") Seven-Year Capital Improvement Program for Fiscal Years 2023-24 through 2029-2030. 2. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKE FOREST, CALIFORNIA, CONCERNING THE STATUS AND UPDATE OF

THE CIRCULATION ELEMENT, AND THE MITIGATION FEE PROGRAM FOR THE MEASURE M ("M2") PROGRAM. 3. Adopt a Resolution entitled: A

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

CALIFORNIA, CONCERNING THE STATUS AND UPDATE OF THE
PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M ("M2") PROGRAM.

4. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LAKE FOREST, CALIFORNIA, CONCERNING THE UPDATE OF

THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M ("M2") PROGRAM. 5. Authorize the Director of Public Works to forward all eligibility requirements including the approved Renewed Measure M ("M2") Seven-Year Capital Improvement Program to the Orange County Transportation Authority ("OCTA"). The motion was carried by a vote of 5/0.

Item: 3
18 June 20, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 7 of 9

16. ADOPTION OF LIST OF PROJECTS FUNDED BY SENATE BILL 1: THE ROAD

REPAIR AND ACCOUNTABILITY ACT
City Manager Rose introduced this item and provided a brief presentation. No public comment was offered.

MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to: 1. Approve Senate Bill 1: The Road Repair and Accountability Act Project List forms for Fiscal Year 2023-24. 2. Adopt a Resolution entitled: A

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

CALIFORNIA, CONCERNING THE LIST OF PROJECTS FOR FISCAL YEAR 2023/24 FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT.

3. Authorize the Director of Public Works to forward the Fiscal Year 2023-24 project list to the California Transportation Commission, as required under Road Repair and Accountability Act of 2017. The motion was carried by a vote of 5/0.

17. CONSIDERATION OF CONTRACTUAL SERVICES AGREEMENTS WITH THE

LAKE FOREST CHAMBER OF COMMERCE
City Manager Rose introduced this item and invited Senior Management Analyst Grijalva to provide a presentation. Andrew O’Connor offered public comment and expressed his concerns with the increase in the agreement amount. Council Member questions were asked and answered by staff and Chamber of Commerce CEO Mary Visconte.

Mayor Pro Tem Tettemer requested that the Chamber of Commerce Ad Hoc Committee reconvene to review the potential Pilot Agreement.

MOTION: It was moved by Council Member Yu, seconded by Council Member Pequeño, to: 1. Approve a Contractual Services Agreement between the City of Lake Forest and Lake Forest Chamber of Commerce for Business Development and Attraction services in the amount of $27,000 for Fiscal Year 2023-24. 2.

Authorize the Mayor to sign, and the City Clerk to attest, the Contractual Services Agreement between the City and the Lake Forest Chamber of Commerce. 3. Have the Chamber of Commerce Ad Hoc Committee review the potential Pilot Agreement between the City of Lake Forest and the Lake Forest Chamber of Commerce for specific events and services for Fiscal Year 2023-24 prior to approval. The motion was carried by a vote of 5/0.

18. CONSIDERATION OF ADDITIONAL FUNDING TO SUPPORT THE

AFFORDABLE HOUSING ACQUISITION AND CONVERSION OR

REHABILITATION PROJECT
City Manager Rose introduced this item and invited Assistant City Manager Neves to provide a presentation. Families Forward CEO Madelynn Hirneise Item: 3
19 June 20, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 8 of 9 offered public comment and reported on the services provided by Families Forward. Andrew O’Connor offered public comment and expressed his concerns with the costs associated with this agreement. Randy Johnson offered public comment and expressed his concerns with homelessness and with Families Forward. Council member questions were asked and answered by staff and Families Forward CEO Hirneise.

Council Member Voigts made a motion to move the item. No second was heard.

Council Member Yu made a substitute motion to approve up to $50,000, at the City Manager’s discretion, to award to Families Forward. There was no second to this substitute motion.

Council Member Voigts motion was then seconded by Council Member Pequeño.

MOTION: It was moved by Council Member Voigts, seconded by Council Member Pequeño, to: 1. Authorize the City Manager to issue a new Exclusive Negotiation Agreement in the amount of $1,832,703 and resume negotiations with Families Forward. 2. Authorize the City Manager to sign, and the City Clerk to attest the Exclusive Negotiation Agreement and any other relevant documents to progress the project. 3. Adopt a Resolution entitled: A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2021-23 OPERATING BUDGET; AMENDING APPROPRIATIONS FOR FISCAL YEAR 2022-23. The motion was carried by a vote of 5/0.

CITY MANAGER'S REPORT: City Manager Rose had nothing further to report.

CITY COUNCIL COMMENTS:

Council Member Pequeño: Council Member Pequeño informed everyone of an informational event on homelessness scheduled for
June 28 from 6:00 p.m. to 8:00 p.m. at the Community
Center. He thanked staff and City Manager Rose for
all their hard work.

Council Member Voigts: Council Member Voigts had nothing further to report.

Council Member Yu: Council Member Yu requested the City Manager provide by the next City Council meeting a report on
birthing home allegations at 28 Forster in Lake Forest.

Mayor Pro Tem Tettemer: Mayor Pro Tem Tettemer had nothing further to report.

Mayor Cirbo: Mayor Cirbo reported on a meeting with
Congresswoman Young Kim and a tour of the South
Item: 3
20 June 20, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 9 of 9 Orange County Family Resource Center located in
Lake Forest.

ADJOURNMENT: The Regular Meeting of the City Council was adjourned at 8:31 p.m.

Respectfully submitted:

APPROVED:

LISA BERGLUND DOUG CIRBO

CITY CLERK MAYOR
Item: 3
21 CITY COUNCIL AGENDA REPORT
MEETING DATE: 7/5/2023
DEPARTMENT: Public Works
SUBJECT:

COOPERATIVE AGREEMENT WITH CALTRANS FOR BAKE PARKWAY /

ROCKFIELD BOULEVARD REGIONAL TRAFFIC SIGNAL

SYNCHRONIZATION PROJECT
RECOMMENDED ACTION(S):

1. Approve the Cooperative Agreement No. 12-0855 between Caltrans and the City of Lake Forest for the Bake Parkway / Rockfield Boulevard Traffic Signal Synchronization Project for funding and implementation of improvements on Bake Parkway and Rockfield Boulevard under the OC- Go (formerly known as Measure M2) Regional Traffic Signal Synchronization Program.

2. Authorize the Mayor to sign, and the City Clerk to attest, the Cooperative Agreement No. 12-0855, substantially in the form attached in accordance with CalTrans’ contract management system.

EXECUTIVE SUMMARY:

The City of Lake Forest, in conjunction with Irvine, Laguna Hills, and Caltrans submitted an application to the Orange County Transportation Authority (“OCTA”) for an inter-jurisdictional project to synchronize traffic signals along two corridors within the City of Lake Forest. These corridors are the Bake Parkway corridor between Lake Forest Drive (in Irvine) and Rue de Fortuna and Rockfield Boulevard between Oldfield and Los Alisos Boulevard.

As part of the project, the local agency that has Caltrans traffic signals along the corridor is required to enter into a cooperative agreement with Caltrans. The Cooperative Agreement is attached for the City Council’s consideration (Attachment). The Cooperative Agreement provides Caltrans with $2,500 per signal to help offset Caltrans’ administrative staff costs related to signal synchronization throughout the duration of the project. The City Attorney reviewed and approved the attached Cooperative Agreement as to form.

Therefore, staff recommends City Council execute the Cooperative Agreement with Caltrans.

Item: 4
22 BACKGROUND:

On November 7, 2006, Orange County voters approved, by a vote of 70 percent, the renewal of the Measure M one-half cent sales tax for transportation improvements. Measure M was originally passed in 1990 (“M1”) with a sunset on April 30, 2011. With the approval of the Renewed Measure M (“M2”), the voters agreed to continue their investment of local tax dollars in Orange County’s transportation infrastructure for another 30 years to 2041.

In September 2017, OCTA externally rebranded Measure M as OC Go to raise awareness about Orange County’s vital local sales tax for transportation improvements and to avoid confusion with “Measure M” in Los Angeles County.

On August 9, 2021, the OCTA board authorized its staff to issue the 2022 “Call for Projects” for the Comprehensive Transportation Funding Programs (“CTFP”), including the Regional Traffic Signal Synchronization Program (“RTSSP”). The CTFP is the mechanism by which OCTA administers competitive funding for street and road projects. The RTSSP provides approximately $8 million in M2 funds to improve regional traffic signal synchronization projects. Staff proposed the Bake Parkway and Rockfield Boulevard Corridor Improvement Project to OCTA under the RTSSP category. OCTA reviewed the applications in March 2022 and awarded the project in May 2022. The project funds from OCTA became available starting July 1, 2022.

On October 18, 2022, the City Council approved the Cooperative Agreement No.

C22632 with OCTA, which authorized staff and OCTA to proceed with funding and implementation of the Bake Parkway/Rockfield Boulevard TSSP. This included identifying appropriate funds to cover the local match costs of the project.

DISCUSSION:

Staff have collaborated with the cities of Irvine and Laguna Hills as well as Caltrans on the funding application. The City of Irvine submitted the Bake Parkway/Rockfield Boulevard application on behalf of all three agencies. This inter-jurisdictional project would synchronize 33 traffic signals (19 in Lake Forest, 12 in Irvine, and 2 Caltrans Ramp Signals) along Bake Parkway (Lake Forest Drive in Irvine to Rue de Fortuna) and Rockfield Boulevard (Oldfield to Los Alisos Boulevard). This project also includes signal timing adjustments to traffic signals that are not along the corridor known as “offset traffic signals,” which requires the cooperation of the City of Laguna Hills. In addition to traffic signal synchronization and signal timing efforts, the project includes traffic signal communication and equipment upgrades as part of the Implementation Phase Item: 4
23 and includes monitoring and maintenance during the two years following the Implementation Phase in the Operations and Maintenance Phase.

Participating agencies are required to provide a minimum of 20% in matching funds for the project. Agencies can provide in-cash or in-kind services to meet their 20% match requirement. In addition to the application process, staff requested OCTA to act as the lead agency for design and construction for the Bake Parkway/Rockfield Boulevard Corridor Improvement Project. As part of the project award, OCTA is responsible for project management and implementation of the project, including optimized traffic signal timing development, capital improvements, planning, and related design.

With this project including Caltrans signals along the corridor, each local agency is required to enter into a cooperative agreement with Caltrans to define specific terms, conditions, and responsibilities between the local agency and Caltrans for funding and implementation of the project. As identified in the attached Cooperative Agreement, the City is required to pay $2,500 per Caltrans signal within their jurisdiction to cover Caltrans’ administrative costs for signal synchronization. The cost is included in the total project cost and the City must pay the required matching funds per the OCTA guidelines. The City’s cost share obligation for the project is shown in Table 1. Staff proposes to utilize available funds from the Air Quality Management District, Gas Tax and General Fund budgets for the required match.

Table 1: TSSP Funding Summary
OCTA 2022 Call for Projects - TSSP
Project Description Signalized
Intersections
Project Total
Cost*
Matching Funds
(20%)
Bake Parkway/Rockfield
Boulevard TSSP
33 $3,133,430 $626,686
City of Lake Forest Portion 19 $1,810,275 $362,055
Caltrans Signals (within the
City of Lake Forest)
2 * Cost per Caltrans signal is included in the matching funds for the project at a rate of $2,500 per signal.

Based upon the above summary of project cost and required matching funds, staff recommends the City Council approve the Cooperative Agreement with Caltrans to continue with the implementation of the Bake Parkway/Rockfield Boulevard TSSP Corridor Improvement Project. The City Attorney’s Office has reviewed the attached Cooperative Agreement and approved it as to form.

Item: 4
24 FISCAL IMPACT:

Approval of the Cooperative Agreement would obligate the City to pay $5,000 ($2,500 for each intersection) to Caltrans for this Project.

As this project was previously allocated sufficient funds with the 2021-23 Capital Improvement Program Budget, funds exist to cover the costs of the recommended action.

ATTACHMENTS:

Cooperative Agreement No. 12-0855 for Bake Parkway/Rockfield Boulevard RTSSP
Initiated By: Tran Tran, Traffic Engineering Manager
Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 4
25 Attachment
Item: 4
26 12-ORA-5-PM 17.71, 19.49
EA: 926139, ID: 1223000122
District Agreement No. 12-855
1 COOPERATIVE AGREEMENT
(General Traffic Signal Synchronization)

THIS AGREEMENT, ENTERED INTO EFFECTIVE ON _____________________, 2023, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as “CALTRANS”, and the CITY OF LAKE FOREST, a body politic and a municipal corporation of the State of California, referred to herein as “CITY”.

CALTRANS and CITY are individually referred herein as “PARTY” and collectively referred herein as “PARTIES”.

RECITALS

1. CALTRANS and CITY, collectively referred to as PARTIES, pursuant to Streets and Highways Code Sections 114 and 130, are authorized to enter into a cooperative agreement for improvements to State Highways within CITY.

2. Measure M2 Regional Traffic Signal Synchronization Program (RTSSP) of Orange County targets over 2,000 signalized intersections across the County to maintain traffic signal synchronization, improve traffic flow, and reduce congestion across jurisdictions.

3. CALTRANS and CITY desire to implement signal synchronization at two (2) intersections along Lake Forest Drive and El Toro Road to enhance traffic flow and reduce congestions at those intersections between CITY streets and State Highway System (SHS).

4. CALTRANS and CITY are committed to implementing multi-jurisdictional signal synchronization to enhance countywide traffic flow and reducing congestion in relation to the SHS.

5. CITY has received separate funding from Orange County Transportation Authority (OCTA) for Regional Traffic Signal Synchronization on Bake Parkway and Rockfield Boulevard Corridors.

6. CITY desires CALTRANS to implement Intelligent Transportation System (ITS) equipment, as deemed necessary, coordinated signal timing and other work elements as detailed in the attached SCOPE SUMMARY referred to herein as “IMPROVEMENTS” at the following locations identified in Exhibit A attached to and made a part of this Agreement by reference and referred to hereinafter as “INTERSECTIONS”:
a. Lake Forest Drive at Interstate 5 NB On-Off Ramps Traffic Signal b. El Toro Road at Bridger Rd/I-5 NB Off-Ramp Traffic Signal

7. PARTIES agree that IMPROVEMENTS will cost a total of $5,000.00.

Item: 4
27 12-ORA-5-PM 17.71, 19.49
EA: 926139, ID: 1223000122
District Agreement No. 12-855
2 8. CALTRANS will review and implement new signal timing plans of the IMPROVEMENTS, as specified in Exhibit A. NOW, THEREFORE, in consideration of the foregoing recitals and the following terms, covenants and conditions, the PARTIES agree as follows:

SECTION A
CALTRANS AGREES:

1. To perform the work elements in order to complete IMPROVEMENTS as specified in the SCOPE SUMMARY attached to and made a part of this Agreement.

2. To install traffic signal controller equipment component s of the IMPROVEMENTS, as specified in the exhibit A.

3. To implement coordination of traffic signa l timing (TIMING PLAN) for INTERSECTIONS in accordance with the Caltrans Traffic Operations Manual.

4. To review the draft TIMING PLAN prepared by CITY, and finalize it subject to revisions mutually agreed to between PARTIES.

5. To submit an invoice for a lump sum (single payment), which includes all indirect costs per Caltrans Indirect Cost Rate Proposal (ICRP) of $5,000.00 to CITY for the IMPROVEMENT S within 30 days of execution of this agreement.

SECTION B
CITY AGREES:

1. To fully fund IMPROVEMENTS not exceeding $5,000.00

2. To d evelop TIMING PLAN for INTERSECTIONS and submit it for CALTRANS review and approval.

3. To work in good faith with CALTRANS to revise and finalize TIMING PLAN.

4. To make written application to CALTRANS for necessary encroachment permits authorizing entry of CITY onto SHS right of way to perform work for IMPROVEMENT S. CITY shall also require its consultants and contractors , if any, to make written application to CALTRANS for necessary encroachment permits.

5. Prepare and review a final report of the IMPROVEMENT S with CALTRANS, and assess the performance of the PARTIES in relation to the terms, covenants, and conditions of the Agreement.

6. Pay to CALTRANS, within thirty (30) days of receipt of invoice, the amount of $5,000.00.

Item: 4
28 12-ORA-5-PM 17.71, 19.49
EA: 926139, ID: 1223000122
District Agreement No. 12-855
3 SECTION C
IT IS MUTUALLY AGREED THAT:

1. All CALTRANS’ obligations under this Agreement are subject to the appropriation of resources by the Legislature and the State Budget Act authority, programming of funds by the California Transportation Commission (CTC) and the allocation thereof by the CTC.

2. CITY’s total obligation is set at $5 ,000.00. If CALTRANS anticipates that funding will be insufficient to complete IMPROVEMENTS, due to (i) mutually agreed material modifications, (ii) the failure by CITY to perform its obligations under this Agreement following written notice from CALTRANS to CITY, or (iii) unforeseen conditions that are discovered during the performance of IMPROVEMENTS, CALTRANS will promptly notify CITY. CALTRANS may be required to stop work on IMPROVEMENT S until additional funding is se cured and/or to restore the site of IMPROVEMENTS to a condition of safe operation, using any then unexpended funds, if additional funds are not made available for IMPROVEMENTS.

3. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub- contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY or under this Agreement. It is understood and agreed that CITY, to the extent permitted by law, will fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind , and description brought forth under, but not limited to, tortuous, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors and/or its agents under this Agreement.

4. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub- contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS or under this Agreement. It is understood and agreed that CALTRANS, to the extent permitted by law, will fully defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind , and description brought forth under, but not limited to, tortuous, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors and/or its agents under this Agreement.

5. This Agreement will terminate upon completion of IMPROVEMENTS that all parties have met all scope, cost, and schedule commitments included in this agreement and have signed a cooperative agreement closure statement, which is a document signed by PARTIES that verifies the completion of all scope, cost, and schedule commitments. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, hazardous material, operation, maintenance, and ownership articles will remain in effect until terminated, expired by statute of limitation, or modified in writing by mutual agreement.

Item: 4
29 12-ORA-5-PM 17.71, 19.49
EA: 926139, ID: 1223000122
District Agreement No. 12-855
4 CONTACT INFORMATION
This information provided below indicates the primary contact information for the PARTIES to the Agreement. PARTIES will notify each other in writing of any personnel or location change s. Contact Information changes do not require an amendment to this Agreement.

The primary Agreement contact person for CALTRANS is:

Pauline Nguyen, Branch Chief, Electrical Systems
6681 Marine Way
Irvine, CA 92618-1724
Office Phone: (949) 936-3484
Email: [email protected]

The primary Agreement contact person for CITY is:

Thomas E. Wheeler, P.E.

Director of Public Works/City Engineer
City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
Office Phone: (949) 461-3481
Email: [email protected]

Item: 4
30 12-ORA-5-PM 17.71, 19.49
EA: 926139, ID: 1223000122
District Agreement No. 12-855
5 SIGNATURES

PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALFIORNIA

CITY OF LAKE FOREST

DEPARTMENT OF TRANSPORTATION

By: ___________________________ By: ___________________________

Bobi Hettick Doug Cirbo
Deputy District Director Mayor

CERTIFIED AS TO FINANCIAL TERMS APPROVED AS TO FORM:

AND CONDITIONS:

By: ___________________________ By: ___________________________ Darwin Salmos Matthew Richardson HQ Accounting City Attorney

CERTIFIED AS TO FUNDS: ATTEST:

By: ___________________________ By: ___________________________ Neda Saber Lisa Berglund
District Budget Manager City Clerk

Item: 4
31 12-ORA-5-PM 17.71, 19.49
EA: 926139, ID: 1223000122
District Agreement No. 12-855
6 SCOPE SUMMARY

Work Element CALTRANS City
Perform Preliminary Engineering X
Encroachment Permit X
Develop Coordination Traffic Signal Timing X
Approve and Implement Coordination Signal Timing X
Monitor and Fine-Tune Traffic Signal Coordination Timing X Furnish Traffic Signal Local Controller X
Furnish Traffic Signal Master Controller X
Configure and Install Traffic Signal Controller X
Furnish and Install GPS Time Source X
Final Report X
Item: 4
32 12-ORA-5-PM 17.71, 19.49
EA: 926139, ID: 1223000122
District Agreement No. 12-855
7 Exhibit A
Reimbursable Caltrans Cost Details
Bake Parkway-Rockfield Parkway, Crown Valley Parkway, and Moulton Parkway Regional Traffic Signal Synchronization Project for the intersections of:
• Lake Forest Drive at Interstate 5 NB On-Off Ramps
• El Toro Road at Bridger Rd/I-5 NB Off-Ramp
Description Unit Cost ($) Quantity Subtotal
Caltrans Staff Oversight Fee Per Location $ 2,500.00 2 $ 5,000.00 TOTAL $ 5,000.00

Item: 4
33 CITY COUNCIL AGENDA REPORT
MEETING DATE: 7/5/2023
DEPARTMENT: City Manager
SUBJECT:

CONSIDERATION OF PROFESSIONAL CONSULTANT SERVICES

AGREEMENT WITH THE PET ADOPTION CENTER OF ORANGE COUNTY RECOMMENDED ACTION(S):

Exercise discretion in considering the Professional Consultant Services Agreement with the Pet Adoption Center of Orange County.

EXECUTIVE SUMMARY:

In 2016, the City entered into a professional consultant services agreement (“Pilot Agreement”) with the Pet Adoption Center of Orange County (“PAC-OC”).

The PAC-OC operates out of a commercial property on Muirlands Boulevard and can house up to 20 dogs at any given time. The City entered into the Pilot Agreement to alleviate space constraints at the former shelter site operated by the City’s primary animal care provider, Orange County Animal Care (“OCAC”).

The PAC-OC also provides a local option for Lake Forest residents to potentially relinquish their dogs, rather than traveling to the OCAC shelter. Dogs relinquished to the PAC-OC instead of OCAC can provide cost savings to the City by way of lower quarterly bills from OCAC, as Lake Forest dogs sheltered at OCAC typically costs the City around $67 per day. In addition to accommodating owner relinquishments, the PAC-OC offers adoption services, pet owner counseling, volunteering opportunities for locals, and assistance with the City’s annual Pet Expo event.

Since the conclusion of the Pilot Agreement with the PAC-OC in 2019, the City has continued to contract with the organization on an annual basis. To ensure the contractual relationship between the PAC-OC and Lake Forest provides measurable local benefit, the City requires that a certain amount of space in the PAC-OC shelter be occupied by dogs the originate from the OCAC service territory or Lake Forest residents. Over the last few years, the shelter population requirements were modified as a result of the impact COVID-19 had on the availability of dogs for intake at the PAC-OC. The PAC-OC’s current agreement with the City (“Current Agreement”) includes a $19,000 compensation amount and is set to expire on June 30, 2023.

Item: 5
34 2
6 7
6 In anticipation of the expiring Current Agreement with the PAC-OC, staff negotiated with the PAC-OC staff to form the proposed New Agreement. The New Agreement includes performance metrics that largely mimic previous agreements. Notably, the New Agreement increases the shelter population requirement from 40% to 50%, which requires that at least 50% of the PAC-OC’s shelter space be utilized by dogs originating from Lake Forest or the OCAC service territory. The New Agreement also includes a specific requirement that the PAC-OC intake at least four dogs annually directly from Lake Forest residents. The proposed New Agreement includes a compensation amount of $19,000 and a one-year term that would end on June 30, 2024. Pursuant to the proposed New Agreement, the PAC-OC will submit quarterly reports to the City detailing their compliance with the performance requirements listed in the scope of work.

Staff recommends the City Council exercise discretion in considering the New Agreement with the PAC-OC. The 2023-2025 Operating Budget includes sufficient funding to cover the costs of the recommended action.

BACKGROUND:

On December 6, 2016, the City and the PAC-OC entered into the Pilot Agreement for the provision of animal care services. The Pilot Agreement included a one-year term beginning July 1, 2017, and a compensation amount of $30,000. OCAC provided the City with $15,000 to offset the compensation costs of the Pilot Agreement. The OCAC only provided this payment for the first year of the City’s contractual relationship with the PAC-OC.

The PAC-OC was required by the Pilot Agreement to have a physical presence in Lake Forest, accept animals from the OCAC, rehabilitate animals to facilitate their adoptions, and assist the public with conducting adoptions at the facility.

Additionally, the Pilot Agreement required the PAC-OC to inform Lake Forest households about low-cost or free microchipping, vaccination, and neutering services. Upon establishing in Lake Forest in 2017, Lake Forest residents could use the PAC-OC as a free tool for crisis management and pet-related counseling.

Residents of Lake Forest have been given volunteer opportunities by the PAC- OC to assist with on-site animal care. The goal of the Pilot Agreement with PAC- OC was to divert animals from the OCAC shelter and make it easier for them to find local homes. From 2021 to 2022, each day an animal remained in the OCAC shelter cost the City approximately $67 per day.

On June 27, 2019, the City entered into a new agreement (“2019 Agreement”) with the PAC-OC in anticipation of the expiration of the Pilot Agreement. The term of the 2019 Agreement was originally set for July 1, 2019, to June 30, 2020, but was extended twice via two one-year extensions. The term of the 2019 Item: 5
35 2
6 7
6 Agreement ended on June 30, 2022. The compensation amount for the 2019 Agreement was $15,000 per year made by the City in two installments of $7,500.

The 2019 Agreement was different from the Pilot Agreement in that it broadened the intake area from the OCAC shelter to the OCAC service territory due to COVID-19 and the effect the pandemic had on pet adoptions. The PAC-OC shelter can house up to 20 dogs at any given time. The OCAC service territory requirement allows the PAC-OC to intake dogs from any of the participating cities that contract with OCAC for animal care services and meet their population requirements with their arrangement with the City. The broadening of the intake area allowed the PAC-OC to remain virtually full throughout the pandemic, as the population for dogs subject to intake reduced because adoption rates were unusually high throughout the COVID-19 pandemic. Throughout the COVID-19 pandemic, the demand for pet adoptions was unusually high, which brought shelter populations across the nation to record lows. As a result, it was difficult for the PAC-OC to adopt pets from the OCAC shelter, as the availability of pets for adoption was so limited. The 2019 Agreement accommodated these COVID- 19-inspired dynamics by changing the PAC-OC’s shelter population requirements. In the Pilot Agreement, 60% of the PAC-OC’s shelter population must have originated from Orange County Animal Care. In the 2019 Agreement, 60% of the shelter population could have originated from anywhere in the OCAC service territory.

While the 2019 Agreement eased the shelter population requirements of the PAC-OC, it increased requirements related to community services. Under the 2019 Agreement, the PAC-OC was required to provide new or increased levels of community services, such as low or no-cost immunizations, 12 free microchipping services, financial assistance to at least one pet owner for spay or neutering, author at least four major articles per year to be included in the City’s Leaflet newsletter or social media. In addition, PAC-OC must participate in at least four community events per year and will cosponsor at least one major event annually (i.e., Pet Expo). The PAC-OC will also offer free counseling and guidance to pet owners in Lake Forest regarding relinquishment, vaccinations, spay or neutering, and other pet-related concerns.

On July 5, 2022, the City Council approved the City’s current agreement with the PAC-OC (“Current Agreement”). The Current Agreement includes a $19,000 compensation amount, which is $4,000 higher than the $15,000 compensation amount provided in previous contract years. Rising costs of veterinary care and inflation were cited as a key driver for the increased costs experienced by PAC- OC, which necessitated an increased compensation amount. Dogs taken in by PAC-OC often require veterinary or other specialized care to prepare them for adoption, and the cost of rehabilitation services cannot be accurately predicted during the intake process. The term of the Current Agreement is set to expire on June 30, 2023.

Item: 5
36 2
6 7
6 DISCUSSION:

This report provides the New Agreement for the City Council’s consideration, which is the result of negotiations between staff and the PAC-OC (Attachment 1).

The proposed New Agreement includes a one-year term commencing July 1, 2022, and a $19,000 compensation amount. This compensation amount is the same amount the PAC-OC received for services during the previous fiscal year.

The New Agreement would require that 50% of the PAC-OC’s shelter space and resources be dedicated to animals that originate from the OCAC service area – an increase from the 40% requirement in the Current Agreement. The proposed New Agreement also includes a new clause requiring the PAC-OC to intake at least four dogs annually directly from Lake Forest residents. Table 1 below provides an overview of the New Agreement's scope of work.

Table 1: Summary of PAC-OC New Agreement Scope of Work
Service Description
Operate Local
Public
Location
Operate the adoption center locally (currently situated in Lake Forest at 24331 Muirlands Boulevard, Suites E & F, Lake Forest, CA 92630). The building must be accessible to the public Monday through Friday during regular business hours with after-hours appointment options available.

Provide
Shelter
Services
Provide animal shelter services in accordance with California Civil Code Section 1834 and the “Guidelines for Standards of Care in Animal Shelters,” published by the Association of Shelter Veterinarians and implement practices consistent with said Guidelines.

Space and
Origination
Requirements
50% of all animals boarded at the shelter must have
originated within the OCAC service territory. Shelter must be physically situated in Lake Forest. PAC-OC will intake at least four dogs per year from Lake Forest residents.

Reporting
Requirements
Provide quarterly reports that include shelter population data, records of low or no-cost vaccinations, neutering, or
microchipping provided, and other data that demonstrates compliance with the New Agreement. Provide quarterly
reports that describe the shelter population demographics (i.e., city or origin), community engagement activity, and free services provided to Lake Forest residents.

Item: 5
37 2
6 7
6 Service Description
Public
Engagement
Provide at least four (4) major articles per year to be included in the City’s Leaflet newsletter or social media. Participate in at least four (4) community events per year. Contractor will cosponsor at least one major event annually (i.e., Pet Expo).

Shelter
Intervention &
Counseling
Services
Provide free counseling and guidance to pet owners in Lake Forest regarding relinquishment, vaccinations,
spay/neutering, and other guidance. Counseling should
emphasize strategies that decrease the reliance on OCAC shelter services. Provide financial assistance to at least one (1) pet owner for spay/neuter service.

Microchipping Provide at least twelve microchipping placements per year as requested by Lake Forest residents.

The New Agreement would require the PAC-OC to provide quarterly performance reports, as was required during previous contract years. Data related to intake, adoptions, and other animal outcomes must be reported, as well as details about the facility's general animal population, the free and low-cost services that are rendered (including microchipping and spay/neutering), event activities, and community engagement initiatives. The PAC-OC's performance from July 1, 2021, to March 31, 2022, is summarized in Table 2 below. See Attachment 2 for a comprehensive list of performance reporting for this period.

Table 2: PAC-OC Performance from January 1, 2023, to March 1, 2023 Performance Measure Result
Percentage of Dogs Sheltered during January 2023
(OCAC and Lake Forest)
57%
Percentage of Dogs Sheltered during February 2023
(OCAC and Lake Forest)
61%
Percentage of Dogs Sheltered during March 2023
(OCAC and Lake Forest)
47%
Total Intake (transferred from OCAC or received
directly from Lake Forest & OCAC residents)
5 Adoptions of Lake Forest Dogs Received from OCAC 5
Item: 5
38 2
6 7
6 Performance Measure Result
Adoptions of OCAC Service Territory Dogs Received
from OCAC
4 Free Microchipping (to be reported) n/a
Free Vaccination or Spay/Neuter Services (to be
reported)
n/a
Pet Adoption Education Events 3
Ending Center Population (for March 2023) 17
The City Council may approve a service agreement without conducting a formal procurement in accordance with the Purchasing and Contracting Guidelines ("Purchasing Guidelines") if it determines that doing so would be in the City's best interests. When following procurement procedures is not in the best interest of the City, an agreement for services without solicitation may be approved by the City Council, according to Municipal Code Section 3.12. The PAC-OC is a distinctive Lake Forest organization that is physically established to keep dogs in a way that complies with State law and the necessary sanitary standards. The City conduced a Request for Proposal (“RFP”) solicitation in 2016 to support a local animal care organization. The PAC-OC was the only entity that responded to that procurement.

Staff recommends the City Council exercise discretion in considering the proposed New Agreement with the PAC-OC. The New Agreement was drafted by the Finance Department and approved as to form by the City Attorney’s Office. The 2023-2025 Operating Budget includes sufficient funding to cover the costs of the proposed New Agreement with the PAC-OC. The New Agreement must be approved by the City Council because it is “sole source” and more than $10,000.

FISCAL IMPACT:

The proposed New Agreement with the PAC-OC includes a one-year term with a compensation amount of $19,000. The 2023-2025 Operating Budget includes sufficient funding to cover the costs of the proposed New Agreement.

ATTACHMENTS:

1. Professional Consultant Services Agreement with Pet Adoption Center Item: 5
39 2
6 7
6 2. PAC-OC Reporting Data (July 2022 to March 2023)
Initiated By: Hana Ebrahim, City Manager Intern
Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
Item: 5
40 ATTACHMENT 1
Item: 5
41 155136.00200\9520892.1
CITY OF LAKE FORESTPROFESSIONAL CONSULTANT SERVICES AGREEMENT1. PARTIES AND DATE.This Agreement is made and entered into this _____ day of ____________, 2023, by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California, 92630 ("City") and The Pet Adoption Center of Orange County, a California Corporation, with its principal place of business at P.O. Box 80400, Rancho Santa Margarita, California 92688("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."2. RECITALS.2.1 Consultant.Consultant desires to perform and assume responsibility for the provision of certain professional Animal Adoption Center consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Animal Adoption Center consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.2.2 Project.City desires to engage Consultant to render such professional Animal Adoption Centerconsulting services for the Animal Adoption Center project ("Project") as set forth in this Agreement.3. TERMS.3.1 Scope of Services and Term.3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Animal Adoption Center consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30,2024, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

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3.2 Responsibilities of Consultant.3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: April Josephson, President.3.2.5 City's Representative. The City hereby designates Sean McGovern,Assistant to the City Manager, or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

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3.2.6 Consultant's Representative. Consultant hereby designates April Josephson, Executive Director, or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal 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. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, Item: 5
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confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.3.2.11 Insurance.orated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.3.3 Fees and Payments.3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Nineteen Thousand Dollars ($19,000) 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.3.3.2 Payment of Compensation. Consultant shall submit to City an invoice which indicates work to be completed by Consultant as specified. The invoice shall describe the Services to be provided. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined 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. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. The City Manager may approve Extra Work.3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to 3.3.6 Labor Code Requirements.3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect Item: 5
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at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.3.3.6.2 Registration. Effective March 1, 2015, if the Services are being foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrialshall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.3.4 Accounting Records.3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the 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 may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.3.5.1.3 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.3.5.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

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Consultant: The Pet Adoption Center of Orange CountyP.O. Box 80400Rancho Santa Margarita, CA 92688ATTN: April Josephson, PresidentCity: City of Lake Forest100 Civic Center DriveLake Forest, CA 92630ATTN: City ClerkSuch 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.3.5.2 Ownership of Materials and Confidentiality.3.5.2.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.3.5.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.3.5.2.3 Confidential Information. The City shall refrain from releasing e City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written Item: 5
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notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.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 Indemnification.3.5.5.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness feeexpenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.3.5.5.2 Additional Indemnity Obligations. To the fullest extent permitted expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.5.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, 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. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the Item: 5
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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.3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.3.5.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.3.5.11 Assignment or Transfer. Consultant 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 attempted assignment, hypothecation or transfer.3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.3.5.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.3.5.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not Item: 5
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paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.3.5.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.3.5.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.3.5.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.3.6 Subcontracting.3.6.1 Prior Approval Required. Consultant 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 THE PET ADOPTION CENTER OF ORANGE COUNTYBy: By:Doug CirboMayorApril Josephson, President[If Corporation, TWO SIGNATURES, President ORVice President ANDSecretary ORTreasurer REQUIRED]ATTEST:By:Kathleen Oda, Treasurer By:Lisa BerglundCity ClerkAPPROVED AS TO FORM:By:Best Best & Krieger LLPCity Attorney Item: 5
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EXHIBIT "A"SCOPE OF SERVICES
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EXHIBIT "B"SCHEDULE OF SERVICESServices at the direction of the City.

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56 EXHIBIT "C"COMPENSATIONConsultant shall be paid a not to exceed amount of nineteen thousand dollars ($19,000) based on the following:Adoption Center/Shelter $19,000Total$19,000Payments will be made by the City in four installments of $4,750 as follows: July 2023: For work performed July through September 2023October 2023: For work performed October through December 2023January 2024: For work performed January through March 2024April 2024: For work performed April through June 2024 Item: 5
57 INSURANCE REQUIREMENTS3.2.11 Insurance.3.2.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.3.2.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, 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, Consultant agrees to amend, supplement or endorse the policies to do so.(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.(D) Professional Liability (Errors & Omissions): Professional limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.3.2.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

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58 (A) Commercial General 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. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.(B) Automobile Liability:(C) Cancellation: Required insurance 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.3.2.11.4 Professional Liability (Errors & Omissions):(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.(B) Contractual Liability Exclusion Deleted: This insurance 3.2.11.5 Workers' Compensation:(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.(B) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.3.2.11.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.3.2.11.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation Item: 5
59 against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.3.2.11.8 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insuredretention.3.2.11.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance 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 avoid a lapse in the required coverage, Consultant 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.3.2.11.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.3.2.11.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.3.2.11.12 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.3.2.11.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.3.2.11.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional Item: 5
60 insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subccompliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

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61 ATTACHMENT 2
Item: 5
62 The Pet Adoption Center of Orange County City of Lake Forest July 2022-March 2023 Report July 2022 - March 2023 July August September October November December January February March 2022 2022 2022 2022 2022 2022 2023 2023 2023
CARRYOVER OCAC and LAKE FOREST
OCAC Animals 6 6 10 8 9 7 6 6 6
OCAC Lake Forest Animals 5 4 4 3 3 3 3 2 2
Intervention OCAC and Lake Forest Animals 1 3 3 2 2 2 3 4 3 Beginning Center Population OCAC and Lake Forest 12 13 17 13 14 12 12 12 11 INTAKE
Transferred from OCAC 0 4 0 1 0 0 0 0 0
Transferred from OCAC - Lake Forest 1 0 0 0 0 0 0 0 0
OCAC or Lake Forest - Relinquished by Owner 2 0 0 0 0 1 3 1 1 Total Intake 3 4 0 1 0 1 3 1 1
Total Carryover and Intake OCAC and Lake Forest 15 17 17 14 14 13 15 13 12

OUTCOMES
Adoption - OCAC Animals 0 0 2 0 2 1 1 0 3
Adoption - OCAC Lake Forest Animals 2 0 2 0 0 0 2 2 1
Transferred to Other Program OCAC 0 0 0 0 0 0 0 0 0
Transferred to Other Program OCAC - Lake Forest 0 0 0 0 0 0 0 0 0 Subtotal Live Outcomes 2 0 4 0 2 1 3 2 4
Died in Care 0 0 0 0 0 0 0 0 0
Total Outcomes OCAC and Lake Forest 2 0 4 0 2 1 3 2 4
Ending Center Population OCAC and Lake Forest 13 17 13 14 12 12 12 11 8

CARRYOVER NON-OCAC AND LAKE FOREST
Non-OCAC and Lake Forest Animals from Shelters/Rescues 2 2 0 3 4 4 0 0 0 Non-OCAC and Lake Forest Animals Owner Relinquished 4 5 3 3 3 3 9 9 7 Beginning Center Population Non-OCAC and Lake Forest 6 7 3 6 7 7 9 9 7 INTAKE
Non-OCAC and Lake Forest Animals from Shelters/Rescues 1 0 3 1 0 0 0 0 4 Non-OCAC and Lake Forest Animals Owner Relinquished 2 0 0 0 0 6 3 1 0 Total Intake Non-OCAC and Lake Forest 3 0 3 1 0 6 3 1 4 Total Carryover and Intake Non-OCAC and Lake Forest 9 7 6 7 7 13 12 10 11 Adoption - Non-OCAC and Lake Forest Animals 2 4 0 0 0 4 3 3 1 Transferred to Other Program Non-OCAC and Lake Forest 0 0 0 0 0 0 0 0 0 Died in Care 0 0 0 0 0 0 0 0 1
Total Outcomes Non-OCAC and Lake Forest 2 4 0 0 0 4 3 3 2 Ending Center Population Non-OCAC and Lake Forest 7 3 6 7 7 9 9 7 9 Total Ending Center Population 20 20 19 21 19 21 21 18 17 Item: 5
63 COMMUNITY OUTREACH DATA
July - December 2022
Activities
3rd Qtr 2022
Notes Activities
4th Qtr 2022
Notes Activities
1st Qtr 2023
Notes
Pet Adoption Education Events 3 Best Friends National Adoption Weekends (2); Element pet-friendly hotel Grand
Opening event
3 Best Friends National Adoption Weekend;
Park Place Harvest in the Park; LF
Chamber Elf Yourself with adoptable
dogs
3 Pacific City/Unconditional Rescue
adoption event; petStop Adoption event;
Cox Automotive (KBB) volunteer day/
adoptions
Free/low-cost Microchipping
services
0 Planning a free microchipping event in
collaboration with OC Shelter Partners
0 Planning for another free event with OC
Shelter Partners
0 Planning for HEART clinic at South
County Pet Expo
Leaflet/e-newsletter/social
media
3 Social media: adoptable dog Kooper/
parade; Brennan Industries outreach event;
Edna on her way to foster
4 Social media: Promotion for Elf Yourself,
Santa Photos, Best Friends adoption
weekend; article submitted for Leaflet
2 Social media promotion: Pet expo and
expo vendors
Free/low-cost vaccinations/
spay/neuter/end of life service
0 Planning to offer monthly low-cost clinics
with HEART mobile wellness clinic
1 Assistance with low-cost end of life
service for LF family after OCAC turned
them away
0 Planning for HEART clinic at South
County Pet Expo
Community Events 4 LF July 4th Parade; Brennan Industries social hr; Student PAC tour/photos;
Biagio’s food fundraiser
2 Pet Photos with Santa; LF Chamber Elf
Yourself
0 Planning for South County Pet Expo
Adoptions to Lake Forest
Residents
2 Dogs: Dottie, Kooper 2 Dogs: Edna, Tammy 3 Dogs: Huey, Hudson, Mira Item: 5
64 2
6 6
5 CITY COUNCIL AGENDA REPORT
MEETING DATE: 07/05/2023
DEPARTMENT: City Manager
SUBJECT:

CONSIDERATION OF A RESOLUTION POLICY AND AMENDMENTS TO

EXISTING POLICIES
RECOMMENDED ACTION(S):

1. Adopt the attached City Council Resolution Policy outlining the guidelines for issuing a Resolution

2. Approve amendments to the City Council Recognitions-Proclamations, Certificates, Resolutions and/or City Paraphernalia Policy

3. Approve amendments to the City Council Written Communication Policy EXECUTIVE SUMMARY:

On February 21, 2023, Mayor Pro Tem Tettemer obtained consensus from City Councilmember Pequeño to establish an Ad-Hoc City Council Committee ("Committee") to discuss a policy pertaining to resolutions and City Council correspondence (Attachment 1). On March 21, 2023, the City Council appointed Mayor Pro Tem Tettemer and City Councilmember Robert Pequeño to the newly formed committee (Attachments 2 and 3).

Staff conducted extensive research and examined policies that exist in neighboring cities related to resolutions and city council correspondence.

Drawing from this research, staff developed the proposed City Council Resolution Policy (“Resolution Policy”) (Attachment 4). The proposed policy provides guidelines for the consideration of requests for action (i.e., the adoption of a Resolution) upon matters over which the City lacks jurisdiction or substantial influence.

Currently, guidelines regarding Resolutions are included in the Recognitions – Proclamations, Certificates, Resolutions and/or City Paraphernalia Policy Item: 6
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6 6
5 ("Recognitions Policy") ( Attachment 5). Staff is also proposing revisions to the Recognitions Policy (Attachment 6) to reference the proposed Resolution Policy.

Further, staff developed proposed changes to the City Council Written Communication Policy ("Communication Policy") to add “Declaration Letters” to the types of correspondence available to City Council Members (Attachment 7).

The current Communication Policy is provided as Attachment 8. A mockup of the proposed individual City Council letterhead format is provided as Attachment 9, which would be supplied if the City Council approves the proposed changes to the Communication Policy.

Staff recommends the approval of the Resolution Policy, as well as the proposed amendments to the Recognitions Policy and Communication Policy.

BACKGROUND:

The City Council is sometimes requested to act on matters which lie outside the scope of its jurisdiction. Typically, the issues that require City Council attention relate directly to the City of Lake Forest. During the February 21, 2023, City Council meeting, Mayor Pro Tem Tettemer received consensus from City Councilmember Pequeño to establish an Ad-Hoc City Council Committee (“Committee”) for the purpose of discussing and establishing a policy related to resolutions and City Council correspondence (Attachment 1). On March 21, 2023, it was moved by City Councilmember Voigts and seconded by City Councilmember Yu to nominate Mayor Pro Tem Tettemer and City Councilmember Pequeño to the Committee (Attachment 2). The Staff Report establishing the Ad-Hoc Committee is attached for review (Attachment 3).

DISCUSSION:

The City Council currently does not have a comprehensive policy outlining the guidelines or criteria for issuing resolutions. Recognizing the need for such guidelines, the City Council established an ad hoc committee to explore potential approaches for establishing these guidelines. By doing so, the ad hoc committee aims to enhance the City Council’s decision-making process when considering the issuance of resolutions.

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5 The ad hoc committee met in May. In preparation, staff researched over fifty cities to examine policies on resolutions and City Council written communication.

Drawing from the findings of this research, staff developed two options for the Committee’s consideration. The first option was a standalone Resolution Policy that exclusively focused on resolutions. The second option involved amending the Recognitions Policy by incorporating language that defined resolutions and established guidelines for their issuance as a form of recognition. Additionally, staff presented amendments to the Communication Policy, introducing language that enables City Council Members to utilize individual letterhead when expressing personal opinions that do not reflect the City’s official position.

After a thorough discussion, the Committee made the decision to proceed with the standalone Resolution Policy as the document that would outline the guidelines for issuing resolutions. The ad hoc committee recommended that the Recognitions Policy reference the proposed standalone Resolution Policy.

Furthermore, the ad hoc committee suggested the addition of language to the Recognitions Policy to clearly define the circumstances under which proclamations and certificates can be issued. The proposed amendment to the Communication Policy was approved by the ad hoc committee.

The draft policy was designed to optimize the allocation of City Council meeting time and resources, focusing on matters that have direct and concrete consequences for the City. In formulating these policies, staff researched the approaches adopted by other municipalities and identified the Resolution Policy, as well as the amendments to the Recognitions and Communication Policy, to best align with the intended objectives.

City Council Resolution Policy
The draft Resolution Policy (Attachment 4) establishes that the actions of the City prioritize issues falling within the City’s subject matter jurisdiction and which most immediately affect the City. This approach ensures that the City Council remains responsive to the concerns of Lake Forest residents by allowing dedicated study time for local matters. To achieve this objective, the Resolution Policy sets forth clear guidelines for the issuance of non-staff generated resolutions, outlined below:

1. The primary purpose of the resolution must be to give special recognition to individuals or groups, local issues, actions, and/or programs that contribute to the City (i.e., notable achievements at a local school).

Item: 6
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5 2. The resolution’s topic acknowledges a noteworthy occurrence that took place in the City (for example, recognizing a life-saving act in Lake Forest).

3. The resolution’s topic directly impacts the operations of the City.

4. The resolution’s topic must not:
a. Dehumanize, degrade, or ridicule any individual or group. b. Advocate the overthrow of any of the levels of the U.S. government.

5. The resolution topic must comply with federal, state, and local law.

Furthermore, the Resolution Policy outlines circumstances in which the City Council should refrain from taking action or adopting a position on a matter.

These circumstances include:

1. Matters concerning the foreign policy of the United States of America or its relationship to other countries of the world except at the expressed request of an elected official of the federal government or an authorized representative of a department or agency of the federal government.

2. Actions or lack of actions of the federal or state government or other state governments or their political subdivisions that do not affect the operations of the City.

Additionally, the Resolution Policy permits and establishes guidelines for City Council Members, either individually, or as a non-majority, to issue a Declaratory Letter expressing their position on a matter that does not meet the aforementioned criteria. Declaratory Letters do not represent the official position of the City.

City Council Recognitions-Proclamations, Certificates, Resolutions and/or City Paraphernalia Policy
The current Recognitions Policy establishes comprehensive guidelines for acknowledging individuals, groups, and events through the issuance of proclamations, certificates, resolutions, and/or City paraphernalia (Attachment 5).

It encompasses different types of recognition requests and outlines the respective procedures for each category. If the Resolution Policy were to be adopted, staff deemed it necessary to make amendments to the Recognitions Policy to ensure its alignment and relevance including:

1. The “Definitions” section now includes a dedicated subsection for "Resolutions" that precisely defines what constitutes a resolution.

2. A new section titled "Resolutions" has been introduced under the "Type of Recognition Requests" category, which references the Resolution Policy.

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5 3. Additional language has been incorporated within the "Certificates" and "Proclamations" sections to ensure consistency with the language used in the Resolution Policy. This harmonizes the guidelines for issuing recognition across both policies.

The amended Recognitions Policy is attached (Attachment 6).

City Council Written Communication Policy
The current Communication Policy establishes guidelines for written communication by City Council Members and provides instructions regarding the utilization of City of Lake Forest stationery and letterhead. Recognizing the focus of the Resolution Policy on issues falling within the City’s subject matter jurisdiction and those that directly impact Lake Forest, staff found it necessary to propose amendments to the Communication Policy (Attachment 7) accordingly.

The current Communication Policy is provided as Attachment 8. The revisions to the Communication Policy include the following:

1. Addition of language regarding Declaratory Letters, as referenced in the Resolution Policy.

2. Inclusion of provisions allowing City Council Members to use individual letterhead, as subject to the limitations imposed by state law regarding mass mailings and/or campaign-related communication.

3. Individual Letterhead incorporates language clearly indicating that the expressed position or opinion within the correspondence is solely that of the author and does not represent the official stance of the City or City Council (Attachment 9).

4. Any correspondence utilizing the Individual Letterhead must be submitted to the City Clerk’s Office for review and verification.

By incorporating these amendments into the Communication Policy, staff ensures that it remains in line with the Resolution Policy and appropriately addresses the need for Declaratory Letters while allowing for the use of individual letterhead by City Council Members, with due consideration of legal requirements.

Conclusion
The proposed policy amendments ensure that the City Council can effectively address local matters. To support this objective, the ad hoc committee recommended the establishment of policy that includes guidelines for issuing resolutions. In response, staff drafted a Resolution Policy that provides clear Item: 6
69 2
6 6
5 criteria for determining when a resolution is appropriate, along with the option of utilizing Declaratory Letters for matters that fall outside the established guidelines.

Recognizing the need for consistency and alignment, staff are also proposing amendments to the Recognition Policy and Communication Policy. The Recognition Policy was updated to reference the Resolution Policy, and additional language ensured coherence across the various recognition mechanisms, such as certificates and proclamations. Additionally, staff propose revisions to the Communication Policy to include provisions for the use of individual letterhead, as mentioned in the Declaratory Letters section of the Resolution Policy.

By implementing these changes, the City can ensure that its policies are contemporary, synchronized, and fully supportive of the proposed Resolution Policy.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended actions.

ATTACHMENTS:

1. City Council Meeting Minutes – February 21, 2023

2. City Council Meeting Minutes – March 21, 2023

3. Staff Report – Ad-Hoc Committee Resolution and City Council Correspondence

4. (Draft) City Council Resolution Policy

5. (Current) City Council Recognitions – Proclamations, Certificates, Resolutions, and/or City Paraphernalia Policy

6. (Amended) City Council Recognitions – Proclamations, Certificates, Resolutions, and/or City Paraphernalia Policy

7. (Current) City Council Written Communication Policy

8. (Amended) City Council Written Communication Policy

9. (Draft) City Council Individual Letterhead
Initiated By: Arianna Ford, Management Assistant to Community Development Hope Hairrell, Management Assistant to Economic Development Item: 6
70 2
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5 Thy Merritt, Assistant City Clerk
Submitted By: Debra Rose, City Manager
Approved By: Debra Rose, City Manager
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 3/21/2023
DEPARTMENT: City Clerk
SUBJECT:

AD-HOC COMMITTEE TO DISCUSS RESOLUTIONS AND CITY COUNCIL

CORRESPONDENCE
RECOMMENDED ACTION(S):

Exercise discretion regarding forming an Ad-hoc Committee to discuss policies and practices related to Resolutions and City Council correspondence.

EXECUTIVE SUMMARY:

On February 21, 2023, Mayor Pro Tem Tettemer received consensus to establish an ad-hoc City Council Committee for the purpose of discussing and establishing a policy related to resolutions and City Council correspondence. Consensus was provided by Council Member Pequeño. Tonight, it would be appropriate for the City Council to nominate two City Council Members to serve on an ad-hoc committee. The City Council’s Written Communication Policy (“Communication Policy”) was most recently revised on January 2, 2019, and readopted on January 3, 2022 (Attachment 2). The Communication Policy establishes guidelines for City Council and use of City of Lake Forest stationery and letterhead by City Council Members. The Policy also provides guidelines for letters of recommendation and correspondence expressing individual opinions and positions.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

ATTACHMENTS:

1. Minute Excerpt, February 21, 2023, Council Comments

2. City Council Written Communication Policy
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
ATTACHMENT 3
Item: 6
89 AT TACHMENT 4
ATTACHMENT 4
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90 CITY COUNCIL POLICY: RESOLUTIONS
Drafted: June 5, 2023

PURPOSE
T
o provide guidelines for the City Council’s consideration of requests for action upon matters over which the City lacks jurisdiction or substantial influence, and to preserve Council meeting time and resources for those matters upon which the City Council’s decisions have direct and concrete consequence for the City.

BACKG
ROUND
T
he City Council is sometimes requested to take action on matters which lie outside the scope of its jurisdiction. The City Council desires to focus on issues within the City’s subject matter jurisdiction and which most immediately affect the City of Lake Forest.

P
OLICY
R
esolutions of the City Council
F
ully realizing and supporting the fundamental right of every citizen of this City to make views and opinions known to all persons in any branch of government, it is the policy of the Council of the City of Lake Forest that its actions be restricted to issues within the City’s subject matter jurisdiction, and which most immediately affect the City of Lake Forest.

B
y directing the Council's attention to the most locally germane issues, it is the Council's intention to safeguard responsiveness to the residents of Lake Forest by ensuring additional study time for local issues.

The basic criteria for non-staff generated resolutions are as follows:

1. The primary purpose of the resolution must be to give special recognition to individuals or groups, local issues, actions, and/or programs that contribute to the City of Lake Forest. (Examples include notable achievements at a local school.)

2. The resolution’s topic acknowledges a noteworthy occurrence that took place in the City of Lake Forest. (Examples include recognizing a life-saving act in Lake Forest.)

3. The resolution’s topic directly impacts the operations of the City of Lake Forest.

ATTACHMENT 4
Item: 6
91 4. T
he resolution topic must not:
a. Dehumanize, degrade, or ridicule any individual or group. b. Advocate the overthrow of any of the levels of the U.S. government.

5. The resolution topic must comply with federal, state, and local law.

It is further the policy of the Council of the City of Lake Forest that it shall not act or take a position on:

1. Matters concerning the foreign policy of the United States of America or its relationship to other countries of the world except at the expressed request of an elected official of the federal government or an authorized representative of a department or agency of the federal government.

2. A
ctions or lack of actions of the federal or state government or other state governments or their political subdivisions that do not affect the operations of the City of Lake Forest.

This policy is not intended to limit the prerogative of members of the City Council to place before the City Council any question which they deem to be appropriate for consideration or to limit debate on issues which meet the above criteria.

Declaratory Letters Issued by Members of the City Council O
n matters that do not meet the criteria for the consideration by the Council of a non- staff generated resolution outlined above, members of the City Council may individually or as a non-majority issue a declaratory letter representing their position on the matter.

Only fewer than a majority of the entire membership of the Council may (1) discuss the issuance of a declaratory letter representing their position on the matter, or (2) issue a declaratory letter representing their position on the matter. The declaratory letter must include express language stating that the position contained in the letter does not represent an official position of the City of Lake Forest, and only represents the position of the undersigned. The declaratory letter may, but is not required to, further clarify that the City, as a matter of policy, does not take official positions on such matters.

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92 ATTACHMENT 5
ATTACHMENT 5
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93 CITY COUNCIL POLICY: RECOGNITIONS -

PROCLAMATIONS, CERTIFICATES,

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

1. Purpose.

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

2. Background.

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

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

3. Policy.

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

In providing that direction the Mayor considers the adopted guidelines. 4 Definitions.

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

Certificates
: A certificate is a type of recognition of an individual or group. A certificate is prepared in response to the type of recognition requested. Types of certificates may include: Certificate of Commendation, Certificate of Recognition, ATTACHMENT 5
Item: 6
94 Certificate of Appreciation and Certificate of Appointment. Certificates are prepared for signature of all Members of the city Council, if requested by a majority of the City Council. This may be presented at a City Council meeting or outside event.

Certificates are not issued for religious observations, ethnic celebrations or recognition that is not local to the community in nature.

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

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

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

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

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

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

Adopted July 2, 2019 Page 2 of 4
City Council Policy: Recognitions
ATTACHMENT 5
Item: 6
95 Adopted July 2, 2019 Page 3 of 4
Cit
y Council Policy: Recognitions
Letter of Commendation: The Mayor at his/her discretion may opt to recognize an event or individual such as earning the prestigious Eagle Scout or Girl Scout Gold Award.

5. Type of Recognition Requests.

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

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

Athletic / Academic Accomplishments
Recognition of athletic/academic accomplishments may be given when an individual or team reaches a significant level of competition on a regional, State or national level. Additionally, recognition may be given for a championship at a county level if the competitor continues to compete at a state and/or national level. (Recognition should occur when the highest level of competition is completed.)
Athletic recognition should be limited to children of High School age or greater competing in school-related of publicly conducted and sanctioned competitions.

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

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

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

Eagle Scouts and Silver Arrow Scouts / Girl Scout Silver and Gold Award A letter of commendation may be prepared to recognize City residents who achieve the rank of Eagle Scout and Silver Arrow Scout or Girl Scout Silver or Gold Award. The letter will be presented in a certificate folder and may be ATTACHMENT 5
Item: 6
96 Adopted July 2, 2019
presented by the Mayor or a member of the City Council at either a court of Honor or a City Council meeting.

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

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

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

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

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

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

4. Procedure.

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

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

City Council Policy: Recognitions
ATTACHMENT 5
Item: 6
97 AT TACHMENT 6
ATTACHMENT 6
Item: 6
98 CITY COUNCIL POLICY: RECOGNITIONS -

PROCLAMATIONS, CERTIFICATES,

RESOLUTIONS AND/OR CITY

PARAPHERNALIA
Revised: June 5, 2023

1. Purpose.

T
o establish guidelines for the City Council’s consideration for recognition of individuals, groups, and events by issuance of proclamations, certificates, resolutions, and/or City paraphernalia on matters within the City’s subject matter jurisdiction and which most immediately affect the City of Lake Forest.

2. B
ackground.

On a regular basis, the City of Lake Forest receives requests from individuals, groups, and organizations for various types of recognition. The purpose of this policy is to provide guidelines for the City’s consideration of these requests upon matters within the City’s jurisdiction, and to preserve Council meeting time and resources for those matters upon which the City Council’s decisions have direct and concrete consequence for the City. Current practice allows for the City Council to determine which presentations are agendized and which are appropriate to be presented at an event outside of a formal City Council meeting.

Requests made by members of the City Council are reviewed by the Mayor and may be approved at the Mayor’s discretion. Furthermore, any member of the City Council may use the consensus process to request a recognition.

3. P
olicy.

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

4. Definitions.

R
esolutions: A resolution is a formal, written action of the City Council and must be formally adopted by the City Council at a meeting. An official ATTACHMENT 6
Item: 6
99 r
esolution is developed in the standard legal format for City resolutions.

R
esolutions presented to individuals or groups to be recognized will incorporate the same wording as a formal resolution but will consider format modifications more appropriate for presentations. Adoption of a resolution requires a staff report with a recommendation and justification for issuing the resolution to the requisition party.

C
ertificates: A certificate is a type of recognition of an individual or group. A certificate is prepared in response to the type of recognition requested. Types of certificates may include: Certificate of Commendation, Certificate of Recognition, Certificate of Appreciation, and Certificate of Appointment.

Certificates are prepared for signature of all Members of the City Council, if requested by a majority of the City Council. This may be presented at a City Council meeting or outside event. Certificates are not issued for religious observations, matters of foreign policy of the United States, ethnic celebrations, or recognition that is not local to the community in nature.

Certificates are considered when:

1. Their primary purpose is to recognize individuals or groups, local issues, actions, and/or programs that contribute to the City of Lake Forest. (Examples include notable achievements at a local school.)

2. Their primary purpose is to acknowledge a noteworthy occurrence that took place in the City of Lake Forest. (Examples include recognizing a life-saving act in Lake Forest.)

3. Their primary purpose is to acknowledge issues that directly impact the operations of the City of Lake Forest.

P
roclamations: Proclamations may be issued to designate a day, week, month, or year an event, individual, organization or cause shall be recognized or observed. Proclamations may also be issued to individuals or organizations in recognition of efforts, actions, or accomplishments of an individual or group when those efforts, actions or accomplishments have had a direct positive effect or contribution on this community or relationship to this community.

Proclamations are not issued when a topic is regarding the following:
• Matters of foreign policy of the United States of America or its relationship to other countries of the world except at the expressed request of an elected official of the federal government or an authorized representative of a department or agency of the federal government. • Items outside the subject matter jurisdiction of the City of Lake Forest. • Matters that do not directly impact the City of Lake Forest.

There are two types of Proclamations 1. Letter size document observing event or occasion and 2. Legal size document that includes details of occasion and ATTACHMENT 6
Item: 6
100

whereas statements, like a resolution. The Mayor has discretion as to appropriateness and type of recognition. Proclamations are prepared by the City Clerk and signed by the City Council and may be presented at a City Council meeting or outside event.

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

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

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

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

C
ity Pen: City pens are specially prepared and contain the City logo on top.

City pens are presented to City staff, City Commissioners or dignitaries as determined by the Mayor and/or City Council Members.

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

5. Type of Recognition Requests.

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

R
esolutions
For resolutions, please see City Council Resolutions Policy.

ATTACHMENT 6
Item: 6
101

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

A
thletic / Academic Accomplishments
Recognition of athletic/academic accomplishments may be given when an individual or team reaches a significant level of competition on a regional, State, or national level. Additionally, recognition may be given for a championship at a county level if the competitor continues to compete at a state and/or national level. (Recognition should occur when the highest level of competition is completed.)
A
thletic recognition should be limited to children of High School age or greater competing in school-related of publicly conducted and sanctioned competitions.

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

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

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

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

C
ity Commissioners
Newly appointed commissioners will be presented with a City lapel pin and a Certificate of Appointment at the City Council Meeting at which the Oath of ATTACHMENT 6
Item: 6
102

Office is taken. Commissioners who complete their terms of office will be presented with a City Title plaque at a City Council meeting. Commission Chairpersons will be recognized with a Certificate of Recognition at the end of their term
R
egional Events and Recognition for Other Cities.

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

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

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

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

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

6. Procedure.

I
t is the policy of the City Council that when a request for recognition is received, certificates, proclamations, plaques , and other recognitions awards shall be prepared by the City Clerk in accordance with the adopted guidelines of this policy. If a request for recognition is not clearly consistent with any of the request categories, the Mayor will provide direction and staff will prepare the necessary recognition.

ATTACHMENT 6
Item: 6
103

ATTACHMENT 7
ATTACHMENT 7
Item: 6
104

CITY COUNCIL POLICY: WRITTEN

COMMUNICATION POLICY
Revised: June 5, 2023
California law prohibits the use of public resources for personal or political gain.

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

1.1 City Council Correspondence.

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

1.2 Social and Salutatory Correspondence.

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

1.3 Letters of Recommendation.

ATTACHMENT 7
Item: 6
105

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

1.4 Campaign Literature.

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

1.5 Official City Representation.

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

1.6 Declaration Letter.

A formal acknowledgement or a statement about a particular stance or opinion written on an official letterhead by no more than two Council Members.
2 Policy.

2.1 City Council Correspondence.

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

2.2 Social and Salutatory Correspondence.

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

ATTACHMENT 7
Item: 6
106

2.3 Campaign Literature.

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

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

Indi
vidual letterhead may be used to express the individual position of the Mayor or a City Council Member (i.e. Declaration Letter), subject to the limitations of state law relative to mass mailings and/or campaign related communication. Such correspondence shall be submitted to the City Clerk’s Office for review and placed on individual letterhead with footer language specifically noting the position or opinion set forth in the correspondence is solely that of the author and not that of the City or City Council. Individual letterhead shall remain in the possession of the City Clerk’s Office.

2.5 Letters of Recommendation.

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

ATTACHMENT 7
Item: 6
107

ATTACHMENT 8
ATTACHMENT 8
Item: 6
108

CITY COUNCIL POLICY: WRITTEN

COMMUNICATION POLICY
Revised January 2, 2019. Reaffirmed January 3, 2023
California law prohibits the u
se of public resources for personal or political gain.

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

1.1 City Council Corresponde
nce.

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

1.2 Social and Salutato
ry Correspondence.

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

1.3 Letters of Recommendation
.

ATTACHMENT 8
Item: 6
109

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

1.4 Campaign Literature.

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

1.5 Official City Representation.

Any statement made by the City Council, Individual Council Members, or the Mayor which states, or which could reasonably be interpreted to state, a City policy, position, or commitment to action. 2 Policy.

2.1 City Council Correspondence.

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

2.2 Social and Salutatory Correspondence.

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

2.3 Campaign Literature.

Adopted by Minute Action December 7, 1993; Amended by Minute Action June 21, 2005; October 21, 2014; March 6, 2018

City Council Policy: Written Communication, Rev. 1-2019 ATTACHMENT 8
Item: 6
110

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

2.4 Official City Representation.

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

2.5 Letters of Recommendation.

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

Adopted by Minute Action December 7, 1993; Amended by Minute Action June 21, 2005; October 21, 2014; March 6, 2018

City Council Policy: Written Communication, Rev. 1-2019 ATTACHMENT 8
Item: 6
111

AT TACHMENT 9
ATTACHMENT 9
Item: 6
112

**Position(s) and/or opinion(s) set forth in this correspondence is(are) solely that of the individual Council Member and not that of the City or City Council.
www.lakeforestca.gov
Lake Forest City Hall
100 Civic Center Drive
Lake Forest, CA 92630
General: (949) 461-3400
Fax: (949) 461-3511

CITY OF LAKE FOREST
Mayor Doug Cirbo
District 1
ATTACHMENT 9
Item: 6
113

CITY COUNCIL AGENDA REPORT
MEETING DATE: 7/5/2023
DEPARTMENT: Public Works
SUBJECT:

ESTABLISHMENT OF PERMIT PARKING ON TULIP STREET
RECOMMENDED ACTION(S):

Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LAKE FOREST, CALIFORNIA, ESTABLISHING PERMIT PARKING

ON TULIP STREET PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 22507 AND THE LAKE FOREST RESIDENTIAL PARKING MANAGEMENT POLICY
EXECUTIVE SUMMARY:

In October 2022, residents of the Tulip Street and Corta Cresta Drive neighborhoods requested permit parking between Calle Tres Lomas and Muirlands Boulevard and between La Vaca Street and El Caballo Street (respectively, and as shown in Attachment 1). This request was a follow-up survey pursuant to the City’s Residential Parking Management Policy (“Policy”) (Attachment 2). Tulip Street and Corta Cresta Drive are surrounded by streets that currently have permit parking restrictions. Therefore, Tulip Street and Corta Cresta Drive were evaluated based upon the reduced criteria, which is shown below:
•Overflow vehicles from nearby development (which includes residential uses and non-residential uses) must occupy 50% of the frontage on a single-family residential street, since the street is adjacent to an existing Permit Parking neighborhood.
•Is continuous throughout at least a 6-hour period on an on-going basis, and
•Fifteen homes or 500 linear feet of a street frontage must be impacted before parking restrictions may be considered.

Tulip Street was surveyed pursuant to the Policy, which showed that an average of 66% of the parking supply is being impacted by overflow parking, which meets the criteria of 50% or above. Corta Cresta was surveyed as well, which showed that an average of 67% of the parking supply is being impacted by overflow parking, which meets the criteria of 50% or above. Since the criteria was met Item: 7
114

showing that this is in fact an “impacted area,” per the Policy, staff conducted a vote of the affected property owners to determine the level of support for permit parking restrictions. To recommend permit parking restrictions, the results of the vote must be 67% or above in support. The property owners on Tulip Street provided support of permit parking exceeding this threshold by a 70% affirmative vote. However, only 40% of the property owners on Corta Cresta Drive voted affirmatively. As a result, their vote tabulation did not meet the 67% or above requirement, which results in the denial of permit parking restrictions.

Based upon the results of the vote and the criteria set forth in the Policy and the recommendation of the Traffic Engineering Manager, staff presented this item to the Traffic and Parking Commission at its June 5, 2023, meeting (Attachment 3).

The Traffic and Parking Commission voted 5-0 to recommend approval to the City Council. Therefore, staff is recommending the City Council adopt a resolution (Attachment 4) approving permit parking restrictions on Tulip Street.

BACKGROUND:

The City’s Residential Parking Management Policy (“Policy”) provides residents an opportunity to petition (and/or request) permit parking restrictions in their neighborhood. Once a request is received, it is evaluated by staff with the course of action determined based upon field review of existing conditions, the source of parking intrusion, and whether there are existing strategies other than permit parking that can mitigate concerns. In addition, if an area is experiencing residual overflow parking impacts from existing permit parking areas, then the criteria is reduced as defined in the “Residential Neighborhood Residual Overflow Parking” section of the Policy.

For an area to be considered for permit parking, all of the following criteria must be met:

1. Upon review by the Traffic Engineering Manager, the existence of overflow parking in a residential neighborhood is verified and the neighborhood meets the definition of "Impacted Area."

2. Existing land-use has resulted in inadequate spacing (distance) between a residential neighborhood and the nearby development that generates the overflow parking.

3. Reversal or mitigation of the conditions at nearby development that are creating the overflow parking is not within the City's control.

4. Nearby development will not voluntarily enact changes to mitigate the overflow parking.

Item: 7
115

5. By anonymous mail-in ballot, at least 67% of the impacted area property owners (one vote per property) approve instituting a Residential Permit Parking Program. If a vote is not received from a property owner, it will be considered a "no" vote. To maximize voter participation, the City will send a follow up letter approximately one week before the ballots are due to any property owners who have not submitted a ballot at that time.

6. Implementation of a permit parking program is compliant with Section 22507 of the California Vehicle Code.

7. The cost to implement the permit parking program can be absorbed by budgeted City activities or borne by the impacted area.

If the above described criterion for implementation is met, the matter is brought to the Traffic and Parking Commission and ultimately to the City Council for consideration of approval. If the criterion for the implementation is not met, staff will inform the Traffic and Parking Commission of the results and recommend the request be filed. This request would be eligible for reevaluation after 24-months from the date of the public meeting.

DISCUSSION:

On September 7, 2021, the City Council approved the implementation of permit parking restrictions on Calle Tres Lomas as part of the neighborhood petition and staff’s evaluation based upon the Residential Parking Management Policy. After the implementation along Calle Tres Lomas, Tulip Street and Corta Cresta Drive neighborhood started to experience residual overflow parking over the next several months. The permit parking policy requires a signed petition from the majority of property owners where parking concerns exist, which was provided to staff in October 2022. This area is subject to a 50% impacted threshold rather than the usual 75%, because the source of parking restraints is overflow from other streets where permit parking is in effect.

On November 7 and 12, 2022, staff conducted a survey of Tulip Street between Calle Tres Lomas and Muirlands Boulevard, and Corta Cresta Drive between La Vaca Street and El Caballo Street based upon the policy’s reduced criteria which is shown below:
•Overflow vehicles from nearby development (which includes residential uses and non-residential uses) must occupy 50% of the frontage on a single-family residential street, since the street is adjacent to an existing Permit Parking neighborhood.

Item: 7
116

•Is continuous throughout at least a 6-hour period on an on-going basis, and
•Fifteen homes or 500-linear feet of a street frontage must be impacted before parking restrictions may be considered.

The summary of the on-street parking survey is shown below:

Table 1: Tulip Street between Muirlands Boulevard and Calle Tres Lomas Survey
Date
Single
Family
Residential
– Street
Frontage
Parking
Supply
(“PS”)
No. of
Parked
Vehicles
(RV+PNRV)
No. of
Vacant
Parking
Spaces
No. of
Parked
Resident
Vehicles
(“RV”)
No. of
Parked
Non-
Resident
Vehicles
(“PNRV”)
Impact
Percentages
(PNRV/PS)
11/7/2022
20 Homes
Fronting,
2 Homes
Side-on:
925-Feet
45 On-
Street
Parking
Spaces
40 5 10 30 67%
11/14/2022
20 Homes
Fronting,
2 Homes
Side-on:
925-Feet
45 On-
Street
Parking
Spaces
38 7 9 29 64%
Table 2: Corta Cresta Drive between El Caballo Street and La Vaca Street Survey
Date
Single
Family
Residential
– Street
Frontage
Parking
Supply
(“PS”)
No. of
Parked
Vehicles
(RV+PNRV)
No. of
Vacant
Parking
Spaces
No. of
Parked
Resident
Vehicles
(“RV”)
No. of
Parked
Non-
Resident
Vehicles
(“PNRV”)
Impact
Percentages
(PNRV/PS)
11/7/2022
10 Homes
Fronting,
4 Homes
Side-on:
550-Feet
36 On-
Street
Parking
Spaces
33 3 8 25 69%
11/14/2022
10 Homes
Fronting,
4 Homes
Side-on:
550-Feet
36 On-
Street
Parking
Spaces
34 2 11 23 64%
The survey showed an average of 66% for Tulip Street and 67% for Corta Cresta Drive of the parking supply is being impacted by overflow parking, which meets the criteria of 50% or above and met the definition of an “impacted area.” As detailed in the Policy, staff would request voluntary action from nearby developments to potentially mitigate parking impacts. However, the adjacent developments have their own regulated parking policies which do not provide a potential opportunity to mitigate the parking impacts in this area. Therefore, in March 2023, staff conducted a ballot vote of the affected property owners to determine the level of support for permit parking restrictions. Per the Policy, the Item: 7
117

results of the vote must be 67% or above to be considered for implementation of permit parking restrictions. On April 20, 2023, the City Clerk opened the ballots and the property owners on Tulip Street supported and met the criteria to implement permit parking, as 70% of the homeowners (14 out of 20) were in support. However, property owners on Corta Cresta Drive did not support implementing permit parking, as only 40% of homeowners (4 out of 10) were in support. Staff finds that all of the criteria are met for Tulip Street to be considered for permit parking and finds that the definition of “residual overflow parking” is satisfied so that the reduced criteria may be utilized for the impacted area.

In addition, staff presented the findings and recommendations to the TPC, who subsequently voted 5-0 to recommend the City Council to establish permit parking on Tulip Street and receive and file the denial of permit parking on Corta Cresta Drive. Based upon the results of the TPC vote, the criteria set forth in the Policy, and the recommendation of the Traffic Engineering Manager, staff recommends the City Council adopt a resolution approving permit parking restrictions on Tulip Street.

If permit parking restrictions are implemented on Tulip Street, residents would be required to purchase annual parking permits from the City for $20 each with a limit of two permits per household. Staff costs, permit parking processing, and consultants’ costs associated with the review and processing of these permit applications are factored into the cost of the permit.

FISCAL IMPACT:

Staff estimates that it would cost approximately $1,000 to install the required signage. Adequate funds are included in the 2023-2025 Operating Budget.

ATTACHMENTS:

1. Vicinity Map – Tulip Street and Corta Cresta Drive

2. Residential Parking Management Policy

3. Traffic and Parking Commission Meeting Minutes Excerpt – June 6, 2023

4. Resolution 2023-XX – Establishing Permit Parking on Tulip Street Initiated By: Tran Tran, Traffic Engineering Manager
Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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Attachment 1
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Vicinity Map
La Vaca and Calle Tres
Lomas
(Existing Permit Parking
Restrictions Area)
Tulip Street
(Proposed Permit
Parking Restrictions
Area)
Corta Cresta Drive
(Proposed Permit
Parking Restrictions
Area)
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Attachment 2
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RESIDENTIAL PARKING MANAGEMENT POLICY
FINAL - Updated May 2019

Upon receiving a parking request/complaint from a residential neighborhood in the form of a letter from the Homeowners Association or a City provided petition form from a majority of the property owners on the street or streets where the parking concerns exist, staff will begin the following three-phased review process. Parking reviews require a significant amount of staff time and resources. Therefore, a specific request will only be evaluated once in any 24-month period. The City will exhaust the least intrusive alternative at each phase of the evaluation process prior to moving on to subsequent phases that entail a greater degree of intervention.

Resident Education

The City will provide information to the residents that includes an overview of the investigation process and explains that parking concerns generally fall into two categories: (1) California Vehicle Code (“CVC”) or Lake Forest Municipal Code (“LFMC”) parking violations that the City can enforce; and (2) Situations that cause concerns in neighborhoods, but do not represent CVC or LFMC parking violations. This second category is essentially a civil matter, but in limited circumstances, the City may be able to institute a parking management program. The Traffic Engineering Manager will decide which methods/approaches best address the parking concerns.

If the Traffic Engineering Manager ultimately determines that permit parking may be appropriate, the Permit Parking Program must meet the criteria under Phase 3 (which includes approval by a minimum of 67% of the affected property owners) and receive a recommendation from the City Council’s designee.

PHASE 1: Fact Finding

The City will begin the analysis of the request by collecting information and conducting field reviews. The scope of the analysis will be based on the professional judgment of the Traffic Engineering Manager and the particular circumstances of the situation. The analysis may include, but is not limited to, a review of site development plans, a review of collision history, conducting traffic counts, conducting license plate surveys, reviewing potential parking strategies and assessing the potential effectiveness of parking enforcement. If the Traffic Engineering Manager determines that the residential neighborhood is adversely impacted by overflow parking, staff will begin Phase 2.

PHASE 2: Request for Voluntary Action

If the initial findings indicate a potential for mitigating parking impacts from nearby developments (residential, commercial, industrial, etc.), the City will meet with appropriate representatives from the nearby developments to collect additional information regarding their available on-site parking and their parking policies. If opportunities exist to add parking spaces on private property, the City will request that Item: 7
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the nearby development(s) consider adding parking. In addition, the City may request the nearby development(s) to revise parking policies that may be impacting adjacent neighborhoods. The City will also request that the Orange County Sheriff’s Department (“OCSD”) provide parking enforcement as time and personnel permits.

This phase may also include meeting with the appropriate representatives of the impacted residential neighborhood (e.g., Homeowners' Association (HOA) board, HOA property manager, property owners, etc.). If the Traffic Engineering Manager determines that the steps taken in Phase 2 have addressed the parking concerns, then no additional action will be taken. If the Traffic Engineering Manager determines that the steps have not addressed the parking concerns, then the residential neighborhood may qualify for a parking program.

PHASE 3: Consideration of Parking Restrictions

In this phase, parking restrictions may be considered to mitigate residential neighborhood overflow parking generated by nearby developments. Parking restrictions may include, but are not limited to, overnight parking bans, limited areas of no parking (red curbs, etc.), street sweeping parking restrictions, commercial vehicle parking restrictions and permit parking. The Traffic Engineering Manager will recommend a specific parking program based upon the particular circumstances of the situation.

If permit parking is the recommended alternative by the Traffic Engineering Manager, the City will determine the appropriate time of day and time of year restrictions.

Although permit parking restrictions are usually full time, there may be situations where limited permit parking may be adequate. For example, if the parking impacts are limited to late night and early morning hours, then overnight restrictions may be sufficient. For a high school, only daytime restrictions during school hours and school days may be appropriate.

In order to consider permit parking all of the following criteria must be met:

1. Upon review by the Traffic Engineering Manager, the existence of overflow parking in a residential neighborhood is verified and the neighborhood meets the definition of "Impacted Area."

2. Existing land-use has resulted in inadequate spacing (distance) between a residential neighborhood and the nearby development that generates the overflow parking.

3. Reversal or mitigation of the conditions at nearby development that are creating the overflow parking is not within the City's control.

4. Nearby development will not voluntarily enact changes to mitigate the overflow parking.

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5. By anonymous mail-in ballot, at least 67% of the impacted area property owners (one vote per property) approve instituting a Residential Permit Parking Program. If a vote is not received from a property owner, it will be considered a “no” vote. In order to try and maximize voter participation, the City will send a follow up letter approximately one week before the ballots are due to any property owners who have not submitted a ballot at that time.

6. Implementation of a permit parking program is compliant with Section 22507 of the California Vehicle Code.

7. The cost to implement the permit parking program can be absorbed by budgeted City activities or borne by the impacted area.

If an area meets the criteria, it is eligible to be considered by the City Council’s designee for recommendation of approval of a Residential Permit Parking Program. The designee will recommend an action relative to the proposed permit parking to the Traffic and Parking Commission that will make a final recommendation to the City Council.

Approval of a Residential Permit Parking Program is at the sole discretion of the City Council.

Permits

If the permit parking is approved for recommendation by the City Council’s designee and the City Council, then two (2) permits will be issued per property. Permits are limited to two (2) because each property should have existing off-street parking, which the City encourages residents to use for vehicular parking. For neighborhoods where permit parking was implemented prior to the 2017 revision of the Residential Parking Management Policy, permits will continue to be issued on the basis of one permit per registered vehicle.

Property owners or residents may apply for a third permit, if condi tions provided in this section are met and/or there are exceptional or unusual circumstances, as determined by the City. Exceptional or unusual circumstances may include, but are not limited to, the following:

• Properties that have a driveway that is too short to allow vehicles to park legally thereby reducing the number of off-street parking spaces • Parking needs for disabled individuals that cannot be accommodated on the property

The conditions provided in this section shall apply to all requests for third permits based on vehicle count and received on or after February 5, 2019 (the date when the Policy was revised to include these specific conditions). In order to be considered for a third permit based on vehicle count, the property owner or resident must demonstrate that the dwelling unit’s off-street parking spaces are being fully utilized and that the number of vehicles currently registered to the dwelling unit exceeds the dwelling unit’s Item: 7
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off-street parking by three or more. Planned Non-Operational (PNO) vehicles, off highway vehicles (OHVs), boats, trailers and other similar vehicles/items do not count toward the total. The City may verify the off -street parking and circumstances by, among other things, conducting an inspection of the dwelling unit’s off -street parking spaces, including a garage inspection. The Traffic Engineering Manager, in his or her sole discretion, may approve or deny a third permit based on the applicant-provided information, any City verification of the dwelling unit’s off -street parking, and any other applicable information

Applicants may appeal a denial of a request for a third permit by the Traffic Engineering Manager to the Director of Public Works. To appeal, the applicant must submit a written appeal to the City Clerk within seven (7) business days of receipt of the Traffic Engineering Manager’s decision. The appeal must include the reasons for the appeal and any supporting evidence. The Director of Public Work’s decision on the appeal is final.

The Traffic Engineering Manager may revoke a third permit issued to a dwelling unit upon a finding that the dwelling unit’s off-street parking is not being adequately used, the number of vehicles registered to the dwelling unit no longer exceed the dwelling unit’s off-street parking by three or more, and/or the exceptional or unusual circumstances that justified the issuance of a third permit no longer exist. All third permits, regardless of issuance date, shall be subject to revocation under this Policy. A dwelling unit’s off-street parking is not being adequately used if, among other things, the dwelling unit’s required off-street parking facilities and driveways are not being utilized for the temporary storage of motor vehicles in accordance with LFMC section

9.168.030(C)(1). The City may verify the off-street parking and circumstances by, among other things, conducting an inspection of the dwelling unit’s off-street parking spaces, including a garage inspection.

The property owner or resident may appeal the Traffic Engineering Manager’s decision to revoke a third permit to the Director of Public Works. To appeal, the applicant must submit a written appeal to the City Clerk within seven (7) business days of receipt of the Traffic Engineering Manager’s decision. The appeal must include the reasons for the appeal and any supporting evidence. The Director of Public Work’s decision on the appeal is final.

Fees for Permanent Parking Permits

Beginning on January 1, 2020, the City will charge a $20 annual fee for each permanent (i.e., non-guest) parking permit issued under this Policy. This fee will apply to all permanent parking permits in all City permit parking program areas, regardless of when the permit parking program was implemented. The City will issue new permits for each calendar year. Beginning on January 1
st of each year, any permits from previous years
shall no longer be valid, and vehicles displaying invalid permanent permits shall be subject to citation. The maximum number of permanent permits that can be obtained will remain unchanged, as noted above. Property owners/residents are not required to obtain permanent permits. A property owner/resident may choose to have no Item: 7
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permanent permits if they can accommodate all their permanent parking needs on their property.

Temporary Guest Permits

Property owners and residents may apply for temporary one-day guest permits.

Temporary guest permits are available at no cost and can be obtained by submitting an application on the City’s website or in-person at City Hall. These permits shall be used to accommodate guests that cannot park on the requesting party’s property. The City monitors the issuance of temporary permits by address to ensure that property owners/residents are using this program as intended. If the City determines that a property owner/resident is improperly using the temporary guest permit program for any reason, including but not limited to, using temporary permits for long-term parking or as a way to avoid paying the annual permanent parking permit fee, then the City may take steps to address the issue including, but not limited to, revoking the privilege to obtain temporary guest permits.

Removal of Permit Parking

A request to remove permit parking will be subject to the same general requirements that are used to establish permit parking. Upon receiving a request to remove permit parking from a residential neighborhood in the form of a letter from the Homeowners Association or a City provided petition form from a majority of the property owners on the street or streets where the removal of permit parking is being requested, staff will begin a review process. A specific request will only be evaluated once in any 24-month period. The City will begin the analysis of the request by collecting information and conducting field reviews. The scope of the analysis will be based upon the professional judgment of the Traffic Engineering Manager and the particular circumstances of the situation. Information collection may include, but is not limited to, conducting traffic counts and conducting license plate surveys and assessing the potential impacts (if any) of removing permit parking. If the Traffic Engineering Manager determines that removal of permit parking is reasonable and appropriate for the conditions, the City will conduct a vote of the property owners to determine the level of support to remove permit parking.

By anonymous mail-in ballot, at least 67% of the impacted area property owners (one vote per property) must approve removing the Permit Parking Program. If a vote is not received from a property owner, it will be considered a “no” vote. In order to try and maximize voter participation, the City will send a follow up letter approximately one week before the ballots are due to any property owners who have not submitted a ballot at that time.

Removal of permit parking must also be compliant with the California Vehicle Code and the cost to implement the permit-parking program must be able to be absorbed by budgeted City activities or borne by the impacted area.

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If an area meets the criteria noted above, it is eligible to be considered by the City Council’s designee for recommendation of removal of the Permit Parking Program. The designee will recommend an action to the Traffic and Parking Commission that will make a final recommendation to the City Council. Removal of a Permit Parking Program is at the sole discretion of the City Council.

DEFINITIONS:

Residential Neighborhood Overflow Parking – New Requests

Residential Neighborhood Overflow Parking is defined as 75% of the frontage on a residential street available for parking is being occupied during any consecutive 6-hour period by vehicles generated from nearby development. Nearby development includes residential uses (single family and multifamily) and non-residential uses such as commercial or industrial or high schools. Parking from parks, other public recreational facilities and elementary/middle schools is not considered overflow parking and therefore does not meet the definition of Residential Neighborhood Overflow Parking.

The 75% impact threshold may be lowered to 67% through a variance process, if certain conditions exist. The requesting party must request the variance in writing and provide supporting evidence and reasoning for the request. The variance request will be reviewed by the Traffic and Parking Commission, which will make a recommendation to the City Council on whether or not to grant the variance.

Impacted Area for New Requests

An impacted area for a new request for permit parking is defined as any area experiencing overflow parking that:

• Precludes parking for one or more of the following: guests, maintenance workers, utility workers, deliveries (including mail delivery), trash pick-up, driveway access and other normal/typical uses of street parking

• Affects 30 or more dwelling units or 1,000 feet of frontage. If an entire street (such as a cul-de-sac) is less than 30 homes or 1,000 feet of frontage, then the street will be considered to have met this criterion without having to consider additional dwelling units or frontage from adjacent streets. All other criteria must still be met.

• Is continuous throughout at least a 6-hour period on an on-going basis. One time or occasional impacts would not meet this criterion.

Residential Neighborhood Residual Overflow Parking

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When a permit parking area is established, some of the displaced vehicles may (or may not) end up parking in adjacent residential areas. In cases where displaced vehicles do end up parking in adjacent residential areas, residents can request that the City complete a review to determine if the permit parking program should be expanded to include additional streets. At least 60 days must pass (from the date when the signs are installed in the original permit parking area) before the City will consider a request. This 60-day period will allow the parking conditions to normalize and for the required parking impact studies to properly assess the normalized parking conditions.

In cases of residual overflow parking the following criteria shall apply:

Residual Overflow Parking is defined as 50% of the frontage on a residential street available for parking is being occupied during any consecutive 6-hour period by vehicles generated from nearby development. Nearby development includes residential uses (single family and multifamily) and non-residential uses such as commercial, industrial or high schools. Parking from parks, other public recreational facilities and elementary/middle schools is not considered overflow parking and therefore does not meet the definition of Residual Overflow Parking.

Impacted Area for Residual Overflow Parking

An impacted area for a request for permit parking to address residual overflow parking is defined as any area experiencing residual overflow parking that:

• Precludes parking for one or more of the following: guests, maintenance workers, utility workers, deliveries (including mail delivery), trash pick-up, driveway access and other typical/normal uses of street parking

• Affects 15 or more dwelling units (or 500 feet of frontage)

• Is continuous throughout at least a 6-hour period on an on-going basis (One time or occasional impacts would not meet this criterion)

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Attachment 3
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DRAFT MINUTE EXCERPT

LAKE FOREST REGULAR TRAFFIC AND PARKING COMMISSION MEETING JUNE 5, 2023
____________________________________________________________

5. ESTABLISHMENT OF PERMIT PARKING ON TULIP STREET

RECOMMENDED ACTION: Recommend the Traffic and Parking
Commission recommend City Council adopt a resolution entitled: A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

FOREST, CALIFORNIA, ESTABLISHING PERMIT PARKING ON

TULIP STREET PURSUANT TO CALIFORNIA VEHICLE CODE
SECTION 22507 AND THE LAKE FOREST RESIDENTIAL

PARKING MANAGEMENT POLICY

Tran Tran, Traffic Engineering Manager presented the report on the Establishment of Permit Parking on Tulip Street.

Questions were received from Chair Anderson, Commissioners Armando, Fouste and Richert and responded to by Tran Tran, Traffic Engineering Manager.

MOTION: It was moved by Commissioner Richert, seconded by Commissioner Fouste to approve Item 5. Motion passed
unanimously 5–0.

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Attachment 4
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RESOLUTION NO. 2023-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKE FOREST, CALIFORNIA, ESTABLISHING PERMIT PARKING ON TULIP STREET PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 22507 AND

THE LAKE FOREST RESIDENTIAL PARKING MANAGEMENT POLICY

WHEREAS, Section 22507 of the California Vehicle Code authorizes local agencies to restrict or prohibit the stopping, parking, or standing of vehicles on local streets during all or certain hours of the day and authorizes the establishment of neighborhood parking permit programs that allow only residents and guests of residents to park on designated streets; and

WHEREAS, in July 2004, the City Council adopted the Residential Parking Management Policy (“the Policy”), which addresses overflow parking in residential neighborhoods. The Policy was updated in 2019 as part of a comprehensive review of parking policies and procedures; and

WHEREAS, the Policy includes criteria and phases for establishing residential permit parking restrictions; and

WHEREAS, the criteria requires, among other things, that the restricted parking area must affect at least thirty (30) homes or 1,000 feet of street frontage, that 75% of the frontage on a residential street available for parking must be occupied during any consecutive 6-hour period by vehicles generated from nearby development, and that 67% of the impacted property owners approve of the parking restrictions; and

WHEREAS, when a permit parking area is established, some of the displaced vehicles may (or may not) end up parking in adjacent residential areas.

In cases where displaced vehicles do end up parking in adjacent residential areas, residents can request that the City complete a review to determine if the permit parking program should be expanded to include additional streets; and

WHEREAS, an impacted area may request for permit parking to address residual overflowing parking, which is defined as any area experiencing residual overflowing parking that: (1) Precludes parking for one or more of the following:
guests, maintenance workers, utility workers, deliveries (including mail delivery), trash pick-up, driveway access and other typical/normal uses of street parking; (2) affects 15 or more dwelling units (or 500 feet of frontage); and, (3) Is continuous throughout at least a 6-hour period on an on-going basis (one time or occasional impacts would not meet this criterion); and

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WHEREAS, in cases of residual overflow parking, the following criteria shall apply: Residual Overflow Parking is defined as 50% of the frontage on a residential street available for parking is being occupied during any consecutive 6-hour period by vehicles generated from nearby development. Nearby development includes residential uses (single family and multifamily) and non- residential uses such as commercial, industrial or high schools. Parking from parks, other public recreational facilities and elementary/middle schools is not considered overflow parking and therefore does not meet the definition of Residual Overflow Parking; and

WHEREAS, the phases include Phase 1 (“Fact Finding”), Phase 2 (“Request for Voluntary Action”), and Phase 3 (“Consideration of Parking Restrictions”); and

WHEREAS, on September 7, 2021, the City Council approved the implementation of permit parking restrictions on Calle Tres Lomas as part of the neighborhood petition and staff’s evaluation based upon the Residential Parking Management Policy; and

WHEREAS, after the implementation along Calle Tres Lomas, the Tulip Street and Corta Cresta Drive neighborhoods started to experience residual overflow parking; and

WHEREAS, in October 2022, the City received a petition from the residents of Tulip Street (“Tulip Street neighborhood”) and Corta Cresta Drive (“Corta Cresta Drive neighborhood”) indicating that the overflow parking from Calle Tres Lomas was negatively impacting on-street parking for residents in these areas; and

WHEREAS, in November 2022, staff completed Phase 1 and conducted a survey of Tulip Street between Calle Tres Lomas and Muirlands Boulevard, and Corta Cresta Drive between La Vaca Street and El Caballo Street in line with the residual overflow parking criteria; and

WHEREAS, the survey showed an average of 66% for Tulip Street and 67% for Corta Cresta Drive of the parking supply is being impacted by overflow parking, which meets the criteria of 50% or above, and meets the definition of an “impacted area”; and

WHEREAS, staff completed Phase 2 and determined there were no initial findings to potentially mitigate parking impacts from nearby developments. The Traffic Engineering Manager determined that the parking concerns have not Item: 7
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been addressed and that the neighborhoods may qualify for a parking program; and

WHEREAS, staff completed Phase 3 in March 2023 by conducting a ballot vote of the affected property owners to determine the level of support for permit parking restrictions. Per the Policy, the results of the vote must be 67% or above to be considered for implementation of permit parking restrictions. On April 20, 2023, the City Clerk opened the ballots and the property owners on Tulip Street supported and met the criteria to implement permit parking, as 70% of the homeowners were in support. However, property owners on Corta Cresta Drive did not support implementing permit parking, as 40% of homeowners were in support which does not exceed the 67% threshold; and

WHEREAS, the Corta Cresta Drive neighborhood failed to satisfy all the criteria for consideration for a permit parking program and therefore is not eligible to be considered by the City Council for a permit parking program. The Corta Cresta Drive neighborhood cannot submit a new request for a permit parking program for 24 months; and

WHEREAS, the Tulip Street neighborhood met all of the criteria for consideration of a permit parking program; and

WHEREAS, the Tulip Street neighborhood satisfies the definition and criteria for residual overflow parking. The permit parking area established by Calle Tres Lomas has created residual overflow parking in the Tulip Street neighborhood and has created circumstances beyond the control of the residents of Tulip Street neighborhood; and

WHEREAS, the costs of implementing a permit parking program for Tulip Street neighborhood is acceptable and an appropriate use of the City’s current operating budget for street maintenance; and

WHEREAS, the City’s Traffic Engineering Division has investigated the proposed parking restrictions for Tulip Street neighborhood and has determined implementing parking restrictions is appropriate; and

WHEREAS, based upon the particular circumstances of the situation, the Traffic Engineering Manager recommends implementing the following parking program for the Tulip Street neighborhood during all hours of the day, for the residents and their guests; and

WHEREAS, implementation of a permit parking program for Tulip Street neighborhood is compliant with Vehicle Code section 22507, which gives cities Item: 7
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like Lake Forest the authority to enact a permit parking program via ordinance or resolution on certain streets for exclusive use by residents who reside in homes adjacent to those streets.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, DOES HEREBY RESOLVE, AS FOLLOWS:

Section 1. RECITALS. The above recitals are incorporated, herein, by reference.

Section 2. CEQA. The establishment of a permit parking program to restrict parking on the Tulip Street neighborhood during all hours of the day, to residents and their guests is not a “project” under the California Environmental Quality Act (“CEQA”) because implementing permit parking would not have the potential to result in a direct or indirect physical change in the environment. (14 Cal. Code Regs. § 15738(a).) Implementing permit parking would not result in direct or indirect physical changes to the environment, because the purpose of permit parking is to correct an existing overflow parking problem. Because permit parking is part of a larger enforcement action, the permit parking would not create new environmental impacts and is thus not a project for purposes of CEQA. The adoption of this resolution is therefore exempt from CEQA.

Section 3. PARKING PERMIT PROGRAM. The City Council hereby creates a permit parking program to restrict parking on Tulip Street neighborhood during all hours of the day, for the residents and their guests. A map depicting the area where permit parking shall be instituted is attached hereto as Exhibit “A” and incorporated herein by reference. The City Council’s action is based upon all written and oral evidence presented to the City Council. Once established, this permit parking program shall be enforced at the direction of the City Manager.

Section 4. PARKING RESTRICTIONS. No person shall stop, park, or leave standing any vehicle on the Tulip Street neighborhood, during all hours of the day, except by permit.

Section 5. SIGNS GIVING ADEQUATE NOTICE. The Director of Public Works/City Engineer is hereby directed to place appropriate signs giving adequate notice of these restrictions and prohibitions. The permit parking program shall not take effect unless and until appropriate signs have been installed.

Section 6. NOTICE OF EXEMPTION. The City Council hereby directs staff to prepare, execute and file a Notice of Exemption with the Orange County Clerk within five (5) working days of the adoption of this Resolution.

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Section 7. CUSTODIAN OF RECORDS. The documents and materials that constitute the record of proceedings on which this Resolution is based are located at the City of Lake Forest City Hall, 100 Civic Center Drive, Lake Forest, CA 92630. The custodian for these records is the City Clerk.

Section 8. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, phrases, or portions thereof be declared invalid or unconstitutional.

[Signatures on following page]
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SIGNATURE PAGE TO RESOLUTION NO. ______

PASSED, APPROVED AND ADOPTED this XXth day of June 2023, by the following vote, to wit:

___________________________

DOUG CIRBO
MAYOR
ATTEST:

________________________

LISA BERGLUND

CITY CLERK

APPROVED AS TO FORM:

________________________
MATTHEW E. RICHARDSON

CITY ATTORNEY

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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.

CITY OF LAKE FOREST )

I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2023-_____ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the XXth day of June, 2023 by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

__________________________

LISA BERGLUND

CITY CLERK

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EXHIBIT “A”
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Vicinity Map
La Vaca and Calle Tres
Lomas
(Existing Permit Parking
Restrictions Area)
Tulip Street
(Proposed Permit
Parking Restrictions
Area)
Corta Cresta Drive
(Proposed Permit
Parking Restrictions
Area)
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 7/5/2023
DEPARTMENT: Economic Development
SUBJECT:

APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE

TASTE OF LAKE FOREST
RECOMMENDED ACTION(S):

Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2023-2025 OPERATING BUDGET; AMENDING APPROPRIATIONS FOR FISCAL YEAR 2023-24
EXECUTIVE SUMMARY:

The Taste of Lake Forest (“Taste”) has been a partnership event between the City and Lake Forest Chamber of Commerce (“Chamber”) since 2012. The event was last held in the fall of 2019 due to COVID-19. On June 20, 2023, the City Council approved updates to the City’s 2021-2028 Strategic Plan which included reintroducing the annual Taste event at a cost of $160,000 over two years. The City’s Strategic Economic Investment Program (“SEIP”) assigned $8,303,350 in economic support funds to various business types. The intent of SEIP is to facilitate economic development for businesses that were negatively impacted by the COVID-19 pandemic.

Staff recommends the City Council approve the attached budget resolution (Attachment). The proposed budget for the Taste is $75,000. Staff anticipates offsetting costs through ticket revenue and potential sponsorships. The 2023- 2025 Operating Budget does not include funding to cover these costs. However, approval of the attached budget resolution would appropriate $75,000 to the General Fund of the 2023-2025 Operating Budget to cover the costs of the recommended action.

BACKGROUND:

Taste of Lake Forest
The City and Chamber partnered on the Taste from 2012-2019. The event was previously held in the Foothill Ranch Towne Centre Parking lot directly in front of Item: 8
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the food court. Traditionally, the event featured a diverse array of food from local vendors, sponsor booths, live music, and various activities such as face painting booths, balloon artists, arts and craft tables, and bounce houses. The Chamber was responsible for recruiting restaurants to participate in the event, securing volunteers, and assisting with marketing and event logistics. On the day of the event, the Chamber handled all ticket sales, distributed raffle tickets, managed voting logistics, and assisted with setup and tear down. The City played a role in securing a venue, canopy/stage rentals, entertainment, sponsors, managing marketing and event logistics, and obtaining permits. On the day of event, the City managed the stage, entertainment, and raffle drawings, maintained communication with the property manager and porters, assisted businesses with line control, and took photos and videos of the event. Both the City and Chamber assisted with setup and tear down of the event and acted as a point of contact for event attendees and participants.

The City and Chamber last hosted the Taste in 2019. At that time, the City spent approximately $60,000 on its Shop and Dine Week Coupon Booklet and the Taste event. In 2020, the event was discontinued due to the COVID-19 pandemic.

Strategic Economic Investment Program
On February 15, 2022, the City Council approved the SEIP. The purpose of the SEIP is to provide economic development assistance to businesses recovering from COVID-19. Subsequent to the passage of SEIP, staff and members of the City Council Audit Committee began formulating economic development programs for City Council consideration.

On October 4, 2022, the City Council authorized the first phase of the City’s Community Gift Card Program (“CGCP”). The first phase of CGCP provided residents and visitors with an opportunity to buy a community gift card in increments of $25, $50, or $100 and receive a matching gift card of the same value for free. The gift cards could only be used at Lake Forest businesses that applied and received approval to participate in the program. The CGCP was the first major program funded in response to City Council’s approval of the SEIP.

The City issued buy-one-get-one promotions via a series of three funding rounds.

The funds were completely exhausted in March 2023.

On December 20, 2022, the City Council formally authorized the City’s two catalytic converter theft mitigation programs. The Painting & Etching Program pays local automotive shops to paint and mechanically etch the vehicle identification number on the catalytic converter(s) affixed to residents’ vehicles.

The Catalytic Converter Shield Program provides residents with a $250 gift card towards the purchase and installation of metal theft deterrent catalytic converter shields.

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On February 21, 2023, the City Council authorized the second phase of the CGCP and additional funding toward the City’s catalytic converter programs. The action authorized $50 and $100 gift cards (removing the $25 gift card option that was available in the first phase) to receive a matching gift card of the same value for free.

Table 1 includes the impact of all gift card funds redeemed at businesses so far, plus the projected amount of funds to be redeemed based on current redemption trends. Table 1 also includes the projected spending impact of the City’s catalytic converter programs, which was funded through the “Other Impacted Businesses” category.

Table 1: SEIP Budget Impact
SEIP Budget
Category
SEIP Budget Expenditures Funds Remaining
Restaurant
Industry
$3,803,350 ($710,141.99) $3,093,208.01
Other
Impacted
Businesses
$2,000,000 ($594,012.01) $1,405,987.99
Hotel Industry $2,500,000 - -
Total $8,303,350 ($1,304,154) $6,999,196.00
2021-2028 Strategic Business Plan
On June 20, 2023, the City Council approved updates to the City’s 2021-2028 Strategic Plan. Included in the update was a strategy to reintroduce the annual Taste of Lake Forest to the community. The City Council authorized $160,000 in SEIP funding for Fiscal Year (“FY”) 2023-24 and FY 2024-25 to host the event.

DISCUSSION:

Results from the 2023 Business/Resident Satisfaction Survey reveal a desire for additional advertisement/marketing opportunities for local restaurants. According to the survey, when residents were asked how the City could improve the business climate in Lake Forest, the highest response was to promote/advertise local businesses. Additionally, according to the survey, 69% of businesses agreed with the following statement: “Learning how to better market or advertise our business would make us more profitable.” Reintroducing the Taste of Lake Forest to the community works toward achieving these goals.

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Ad-Hoc Committee:

The Ad-Hoc Committee met on June 23, 2023, to discuss the Taste. The initiatives detailed in this report were presented to the Ad-Hoc Committee.

Members of the Ad-Hoc Committee provided feedback to staff in response to the staff’s presentation. Staff have since incorporated the concerns and suggestions made by the committee members into the design of the program.

Taste of Lake Forest
The Taste would be a collaborative event between the City and Chamber. Staff and the Chamber propose hosting the FY 2023-24 Taste at Heritage Hill Park.

This venue simplifies event logistics by being in an enclosed space and provides a picturesque setting that would enhance the community's enjoyment and create an atmosphere appealing to adults. Potential dates for the event are in April or May of 2024; however, staff and the Chamber are still in preliminary discussions with the venue regarding accommodations.

The revival of the Taste would include a complete rebranding of the goals and intentions of the event. This includes refocusing the event to an adult-friendly environment which in turn would respect the historical park. The event will feature a total of 28 restaurant vendor booths, 2 sponsor booths, beer and wine sales, a live band, raffle drawings, and a silent auction. Previous activities such as face painting, balloon artists, and bounce houses will no longer be included.

The order for prioritization of invitations to participate in the event will be as follows: 1) those participating in the Lake Forest CGCP; 2) those that are Chamber members; 3) other local businesses.

Staff proposes a budget of $75,000 to cover the costs associated with the Taste for FY 2023-24. Expenditures include costs for marketing, permits, and rentals, a pilot agreement with the Chamber of Commerce, participation sponsorship, entertainment, event operating supplies, and costs associated with food waste, recycling, and trash receptacles. Table 2 describes the projected full cost of the Taste.

Table 2: Anticipated Event Expenditures
Item Approximate Cost
Marketing $500
Permits/Rentals $8,000
Pilot Agreement with Chamber $11,075
Participation Sponsorship $14,000
Entertainment $16,425
Event Operating Supplies $25,000
Total: $75,000
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Staff proposes offering participating restaurants a $500 sponsorship to return to the event in FY 2023-24. The participation sponsorship would help alleviate restaurant costs associated with participating in the event. Staff and the Chamber are currently in communication with Orange County 3rd District Supervisor Don Wagner’s Office regarding potential sponsorship of the event. In addition, the proposed Taste plan includes the space for up to two sponsors. Staff and the Chamber will work to secure an additional sponsor to further offset event costs.

Staff and the Chamber have preliminarily agreed to the concept of splitting revenue received from ticket sales for Taste. The details of the revenue split would be described in greater detail in the forthcoming pilot agreement with the Chamber, should the City Council approve the recommended action.

Agreement with the Chamber
Staff are currently in deliberations with the Chamber to establish a scope of work for the forthcoming pilot agreement if the City Council approves staff’s recommended action. The scope of work for the pilot agreement would outline the specific roles and responsibilities of both the City and the Chamber to ensure a successful Taste. The Chamber would be responsible for securing food vendors, assisting the City with securing event sponsorship, operating the online ticket portal, marketing the event, managing all aspects of alcohol sales during the event, voting booth tallying, silent auction, and assist with event setup and teardown. If the City Council approves the recommended action, staff will return to the City Council at a late date with a pilot agreement for consideration. The pilot agreement will include the event date.

Conclusion
The 2023-2025 Operating Budget does not include funding to cover the costs of the Taste. As a result, staff recommends the City Council approve the attached budget resolution, which would allocate $75,000 (Attachment). If approved, staff and the Chamber will begin event planning and marketing the event to local restaurants.

FISCAL IMPACT:

Authorizing the attached Resolution would appropriate $75,000 to the City’s 2023-25 Operating Budget to cover the costs of the proposed Taste of Lake Forest event.

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ATTACHMENTS:

Resolution Appropriating $75,000 for the Taste of Lake Forest Initiated By: Adrian Grijalva, Economic Development/Housing Manager Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
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7 ATTACHMENT
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7 RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LAKE FOREST, CALIFORNIA, AMENDING
THE 2023-2025 OPERATING BUDGET; AMENDING
APPROPRIATIONS FOR FISCAL YEAR 2023-24
WHEREAS, the 2023-2025 Operating Budget and the appropriations for Fiscal Year 2023-24 were adopted by the City Council on June 20, 2023; and WHEREAS, modifications are now required as a result of changes during Fiscal Year 2023-24.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE

FOREST DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:

Section 1. The City Council’s adoption of this Resolution is not a project within the meaning of the California Environmental Quality Act. Specifically, the City’s adoption of the Resolution is an administrative and fiscal function of the City that does not commit the City to any specific project or course of action. (State CEQA Guidelines, sections 15378(b)(4) & (b)(5).) Thus, no environmental review of the Resolution is required. The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption within five working days of the adoption of this Resolution.

Section 2. The General Fund is amended to increase appropriations for Fiscal Year 2023-24 as demonstrated in Exhibit A.

Section 3. The City Clerk shall attest as to the adoption and execution of this Resolution and cause the same to be maintained in the permanent records of the City.

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7 PASSED, APPROVED AND ADOPTED this 5th day of July 2023, by the following vote, to wit:

ATTEST:

DOUG CIRBO
MAYOR

LISA BERGLUND

CITY CLERK
APPROVED AS TO FORM:

MATTHEW RICHARDSON

CITY ATTORNEY

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2023- was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 5th day of July 2023, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

LISA BERGLUND

CITY CLERK
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7 EXHIBIT A
AMENDMENT TO 2023-2025

OPERATING BUDGET
FISCAL YEAR 2023-24

APPROPRIATIONS
General Fund Operating Appropriations
General
Fund/Expenditure
Program
Current
Budget
Increase
(Decrease) Amended
Budget
Community Vitality &
Engagement 1,476,135 75,000 $1,551,135
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