AGENDA
LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, August 15, 2023
Closed Session 5:30 p.m.
Public Session 6:30 p.m.
City Council Chambers, 100 Civic Center Drive, Lake Forest, California NOTICE: Pursuant to Lake Forest Municipal Code Section 2.04.010, Regular Meetings of the City Council are held the First and Third Tuesday of each month at the hour of 5:30 p.m. for Closed Session matters, if required.
The Public Session of the meeting shall commence at 6:30 p.m. or as soon thereafter as possible. Special Meeting times may be held at a different time and date as listed on the Agenda.
AGENDA DOCUMENT REVIEW: The Agenda and staff reports are available on the Internet at https://www.lakeforestca.gov/en/government/meeting-agendas-and-minutes/meeting-agendas and at the City Clerk’s Office, 100 Civic Center Drive, Lake Forest, California, on the Friday before the meeting on Tuesday.
AGENDA DESCRIPTION: The Agenda descriptions are intended to give notice to members of the public of a general summary of items of business to be transacted or discussed. The listed Recommended Action represents staff’s recommendation. The City Council may take any action which it deems to be appropriate on the agenda item and is not limited in any way by the recommended action.
AGENDA ON SOCIAL MEDIA: This meeting will be streamed through Facebook Live. Comments will not be taken via Facebook Live. The City provides the Facebook Live stream as an additional service to the public.
However, the City cannot guarantee that its network and/or the site will be uninterrupted. The City is not responsible for any interrupted service.
SPECIAL NOTICE REGARDING PUBLIC ACCESS TO THE MEETING AND PUBLIC COMMENT:
PUBLIC PARTICIPATION: In addition to attending in person, members of the public may access the meeting live on our website at https://www.lakeforestca.gov/en/government/meeting-agendas-and-minutes/meeting-agendas.
PUBLIC COMMENT PRIOR TO THE MEETING: Members of the public may submit email comments to [email protected]. Email comments will be uploaded to the agenda packet and made part of the official public record of the meeting and will not be read at the meeting. To ensure staff reviews all comments prior to the City Council meeting, please submit email comments no later than 5:00 p.m. the day of the meeting.
PUBLIC COMMENT: Members of the public may provide comments in-person at the meeting. Public comments will no longer be accepted remotely. Those wishing to provide comments in-person at the meeting will be asked to submit a request to speak to the City Clerk. 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.
August 15, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 1 CALL TO ORDER:
Council Members:
Mayor Pro Tem:
Mayor:
City Manager:
City Attorney:
City Clerk:
5:30 p.m.
Robert Pequeño
Scott Voigts
Benjamin Yu
Mark Tettemer (absent)
Doug Cirbo
Debra Rose
Matthew E. Richardson
Lisa Berglund
CLOSED SESSION PUBLIC COMMENT:
CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session. At this time, members of the public may address the City Council regarding any items listed on the Closed Session agenda. No action may be taken on items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per item. Any person wishing to address the City Council on a Closed Session matter is requested to complete a "Request to Speak" form available at agenda public review table near the entrance. The completed form is to be submitted to the City Clerk prior to an individual being heard by the City Council. Whenever possible, lengthy testimony should be presented to the City Council in writing (8 copies) and only pertinent points presented orally.
CLOSED SESSION (Item No. 1)
CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session.
1. CONFERENCE WITH LEGAL COUNSEL- ANTICIP ATED LITIGATION
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(D)(4)
NUMBER OF POTENTIAL CASES: 1
RECOMMENDED ACTION: Conduct closed session.
RECESS: City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE: City Council will reconvene to continue regular City business.
August 15, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 2 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 David Nemrow, Executive Secretary to the Bishop of Sycamore Park Ward, Church of Jesus Christ of Latter-day Saints.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Girl Scouts Daisy Troop #2532.
CLOSED SESSION REPORT: City Attorney will report on Closed Session.
PRESENTATIONS (Item Nos. 2 – 3)
2. RECOGNITION OF 2023 FOURTH OF JULY PARADE VOLUNTEERS,
SPECIAL GROUPS, SPONSORS, AND AWARD WINNERS
RECOMMENDED ACTION: 1. Recognize the volunteers who helped plan and produce the 2023 Lake Forest 4th of July Parade. 2. Recognize the special groups that provided police services, street closures and neighborhood cleanups, and ambulatory services. 3. Recognize the parade sponsors. 4. Present awards to winning parade entries.
3. NEW EMPLOYEE INTRODUCTIONS
RECOMMENDED ACTION: Receive and file a report from the City Manager introducing the newest full-time employee for the City of Lake Forest
PUBLIC COMMENTS
Members of the public can submit an e-comment to [email protected]. E-comments will not be read at the meeting.
Members of the public may also provide comments in-person at the meeting. Those wishing to provide comments at the meeting will be asked to submit a request to speak to the City Clerk.
August 15, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 3 CONSENT CALENDAR (Item Nos. 4 – 10)
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.
4. 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.
5. MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL HELD ON JULY 18, 2023
RECOMMENDED ACTION: Approve as submitted.
6. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 18, 2023
RECOMMENDED ACTION: Approve as submitted.
7. CERTIFIC ATION OF WARRANT REGISTER
RECOMMENDED ACTION: Approve the warrant register in the amount of $6,211,609.02
8. QUARTER LY TREASURER'S REPORT - QUARTER ENDED JUNE 30, 2023
RECOMMENDED ACTION: Receive and file.
9. AWARD OF CONTRACT FOR ECONOMIC CONSU LTING SERVICES -
PROPERTY TAX AUDITING
August 15, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 4 RECOMMENDED ACTION: 1. Award a contract in the amount of $143,750 to HdL Coren and Cone for Economic Consulting Services - Property Tax Auditing. 2. Authorize the Mayor to sign and the City Clerk to attest to the agreement with HdL Coren and Cone substantially in the form attached.
10. AWARD OF CONTRACT FOR ECONOMIC CONSULTING SERVICES - SALES AND USE TAX AUDITING.
RECOMMENDED ACTION: 1. Award a contract in the amount of $349,520 to HdL Companies for Economic Consulting Services - Sales and Use Tax Auditing. 2. Authorize the Mayor to sign and the City Clerk to attest to the agreement with HdL Companies substantially in the form attached.
DISCUSSION/ACTION ITEMS (Item Nos. 11 – 13)
The following matters are for City Council consideration/discussion/action. Members of the public may have the opportunity to address these items if they wish to do so. Please complete the Request to Speak form and give to the City Clerk.
11. CONSIDERATION OF INCREASED FUNDING FOR THE CITY'S SHOP & DINE COMMUNITY GIFT CARD PROGRAM WITH YIFTEE, INC.
RECOMMENDED ACTION: 1. That the City Council authorize the City Manager to enter into the attached BOGO Campaign Quickstart Agreement with Yiftee, Inc. and solely include the $50 and $100 gift card options in the Shop & Dine Community Gift Card Program. 2. 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.
12. RESPONSE TO THE ORANGE COUNTY GRAND JURY REGARDING
ORANGE COUNTY ANIMAL CARE OPERATIONS AND GROUP HOMES
RECOMMENDED ACTION: That the City Council approve and authorize the City Manager to submit the City’s responses to the Orange County Grand Jury Reports regarding Orange County Animal Care operations and groups homes.
August 15, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 5
13. STRATEGIC PLAN QUARTERLY UPDATE
RECOMMENDED ACTION: Receive and file.
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 Cirbo:
August 15, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 6 August 15, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 7
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 August 10, 2023.
Lisa Berglund
City Clerk
CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/15/2023
DEPARTMENT: Management Services
SUBJECT:
RECOGNITION OF 2023 FOURTH OF JULY PARADE VOLUNTEERS, SPECIAL
GROUPS, SPONSORS, AND AWARD WINNERS
RECOMMENDED ACTION(S):
1. Recognize the volunteers who helped plan and produce the 2023 Lake Forest 4th of July Parade.
2. Recognize the special groups that provided police services, street closures and neighborhood cleanups, and ambulatory services.
3. Recognize the parade sponsors.
4. Present awards to winning parade entries.
EXECUTIVE SUMMARY:
The Fourth of July Parade returned this year for its 30th annual celebration with 78 parade entries and over 1,900 participants. Parade entries included civic groups, local churches, youth sports organizations, dance/cheer groups, local businesses, elected officials, and the City’s adopted United States Marine Battalion, 1st ANGLICO.
The Fourth of July Parade was a wonderful success thanks to outstanding contributions from the Parade Committee (“Committee”), Public Works Department, and Police Services. The Committee began meeting monthly in February to help plan the logistics of this year’s parade. Committee members were responsible for recruiting new members, new entertainment, parade entries, organizing the line-up, route logistics, judging the entries, and various other duties the day of the event. The Committee chose the theme, “The Magic of Lake Forest” and the Grand Marshall, Adin Boyer. Lake Forest resident Adin was selected due to his advocacy for autism inclusion and anti-bullying, as well for his musical talents, most recently as a contestant of American Idol.
Item: 2
8 2
7 2
0 Tonight, staff recommends the City Council recognize the dedicated Parade Committee volunteers, special groups that assisted with event coordination, sponsors, and winning entries. A sample certificate is provided as an attachment to this report (Attachment).
______
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
ATTACHMENTS:
Sample Certificate
Initiated By: Courtney Wysocki, Senior Recreation Supervisor Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 2
9 ATTACHMENT
Item: 2
10 CERTIFICATE OF APPRECIATION
THE LAKE FOREST CITY COUNCIL
EXTENDS THEIR APPRECIATION TO
INSERT NAME
For volunteering for the 2023 City of Lake Forest
Fourth of July Parade.
August 15, 2023
DOUG CIRBO
Mayor
MARK TETTEMER
Mayor Pro Tem
ROBERT PEQUEÑO
Council Member
SCOTT VOIGTS
Council Member
BENJAMIN YU
Council Member
Item: 2
11 CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/15/2023
DEPARTMENT: City Manager
SUBJECT:
NEW EMPLOYEE INTRODUCTIONS
RECOMMENDED ACTION(S):
Receive and file a report from the City Manager introducing the newest full-time employee for the City of Lake Forest
EXECUTIVE SUMMARY:
Patricia Robinson – Administrative Specialist
Having previously worked for the City of Lake Forest, Patricia returned to the organization as a full-time Administrative Specialist in the City Clerk’s Office on July 10, 2023. As an Administrative Specialist, she supports a variety of daily functions in the City Clerk’s Office. Patricia brings extensive experience from both the City of Laguna Niguel and the City of Lake Forest, having worked in Community Services, Senior Services, and the City Clerk's Office.
In her free time, Patricia enjoys exploring museums and enjoying the vibrant performing arts community of southern California, while also working her way through her literature bucket list.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
None.
Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Debra Rose, City Manager
Approved By: Debra Rose, City Manager
Item: 3
12 CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/15/2023
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: Keith D. Neves, Assistant City Manager
14 Item: 4
13 July 18, 2023
LAKE FOREST CITY COUNCIL SPECIAL MEETING
MINUTES
MINUTES OF A SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST
This special meeting of the City Council of the City of Lake Forest held Tuesday, July 18, 2023, at the Lake Forest Lake Forest Civic Center Multi-Purpose Room, 100 Civic Center Drive, Lake Forest, California 92630, was called to order at 5:03 p.m. with all members present.
ROLL CALL:
Council Members:
Robert Pequeño
Scott Voigts
Benjamin Yu
Mayor Pro Tem: Mark Tettemer
Mayor: Doug Cirbo
Assistant City Manager: Keith D. Neves
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Council Member Pequeño.
PUBLIC COMMENTS: No public comment was offered.
PRESENTATION ITEM: (Item No. 1)
1. EMERGENCY MANAGEMENT PRESENTATION
Senior Management Analyst De La Paz introduced this item and invited Tony Coletta from Jacob Greene and Associates to provide a presentation. No public comment was offered.
ACTION: The presentation was received and filed.
ADJOURNMENT: The Special Meeting of the City Council was adjourned at 5:41 p.m.
Respectfully submitted:
APPROVED:
LISA BERGLUND DOUG CIRBO
CITY CLERK MAYOR
Item: 5
14 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, July 18, 2023, at the Lake Forest City Council Chambers, 100 Civic Center Drive, Lake Forest, California, was called to order at 6:30 p.m. with all members present.
ROLL CALL:
Council Members:
Robert Pequeño
Scott Voigts
Benjamin Yu
Mayor Pro Tem: Mark Tettemer
Mayor: Doug Cirbo
Assistant City Manager: Keith D. Neves
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund
INVOCATION: The Invocation was provided by Mayor Cirbo.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Girl Scouts Daisy Troop #2519.
PRESENTATIONS: (Item Nos. 1 – 2)
MOTION: It was moved by Mayor Pro Tem Tettemer, seconded by Council Member Voigts, to approve Presentation Items 1 – 2. The motion was carried by a vote of 5/0.
1. PRESENTATION ON I-5/EL TORO ROAD INTERCHANGE IMPROVEMENT
PROJECT
Orange County Transportation Authority Program Manager Niall Barrett and Manager of Public Outreach Fernando Chavarria provided a brief presentation on the Interstate 5 and El Toro Road interchange improvement project. No public comment was offered. Council member questions were asked and answered.
ACTION: The presentation was received.
2. PROCLAMATION DECLARING JULY 2023 AS PARKS AND RECREATION MONTH
Assistant City Manager Neves introduced this item and invited Recreation Manager Blethen to provide a brief presentation. No public comment was offered.
MOTION: It was moved by Council Member Voigts, seconded by Council Item: 6
15 July 18, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 4 Member Pequeño, to proclaim July as "Parks and Recreation Month." The motion was carried by a vote of 5/0.
PUBLIC COMMENTS:
Bob Holtzclaw provided comments on climate change and expressed concerns about Orange County Animal Care.
CONSENT CALENDAR: (Item Nos. 3 – 7)
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.
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 Mayor Pro Tem Tettemer, seconded by Council Member Voigts, to approve the Consent Calendar. The motion was carried by a vote of 5/0 with Mayor Cirbo abstaining from the ACMS warrant listed in Item No. 5.
3. 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.
4. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 5, 2023
ACTION: The minutes were approved as submitted.
5. CERTIFICATION OF WARRANT REGISTER
ACTION: The warrant register in the amount of $7,850,688.83 was approved.
6. AWARD CONSTRUCTION CONTRACT FOR STRUCTURAL STEEL PATIO Item: 6
16 July 18, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 4 COVER AT LAKE FOREST CIVIC CENTER SENIOR CENTER (PW 2022-13) ACTION: 1. Contract Documents for Structural Steel Patio Cover at Lake Forest Civic Center Senior Center (PW 2022-13) were approved 2. An Agreement for the Lake Forest Civic Center Senior Center Structural Steel Patio Cover in the amount of $428,413 was awarded to Zuma Construction Group, Inc. 3. All other bids received were rejected and return of the bid bonds upon receipt of the executed contract documents from Zuma Construction Group, Inc. was authorized 4. The Mayor was authorized to sign, and the City Clerk to attest the award of contract with Zuma Construction Group, Inc. 5. The City Manager was authorized to approve contract change orders up to a maximum of ten percent of the contract amount. 6. A Resolution entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2023-2030 CAPITAL IMPROVEMENT PLAN; AMENDING APPROPRIATIONS FOR FISCAL YEAR 2023-24 was adopted.
7. NOTICE OF COMPLETION FOR NEIGHBORHOOD PARK RENOVATIONS:
BORREGO OVERLOOK, RANCHO SERRANO, AND REGENCY PARKS
PROJECT (PW 2017-17E)
ACTION: 1. Elegant Construction Inc. was found to have completed construction of the Neighborhood Park Renovations: Borrego Overlook, Rancho Serrano, and Regency Parks Project (PW 2017-17E). 2. The Notice of Completion was approved and the Mayor was authorized to execute the document on behalf of the City. 3. The City Clerk was authorized to submit Notice of Completion for recordation to the Office of the County Recorder of Orange County within fifteen days of the City Council approval, as required by Section 9204 of the California Civil Code. 4. Staff was authorized to release any unencumbered retention in accordance with California law.
DISCUSSION/ACTION ITEMS: (Item Nos. 8 – 9)
8. RESPONSE TO THE ORANGE COUNTY GRAND JURY REGARDING
ORANGE COUNTY ANIMAL CARE OPERATIONS
Assistant City Manager Neves introduced this item and invited Assistant to the City Manager McGovern to provide a brief presentation. No public comment was offered. Council member questions were asked and answered.
MOTION: It was moved by Mayor Pro Tem Tettemer, seconded by Council Member Pequeño, to move the proposed response to the Orange County Grand Jury Report regarding Orange County Animal Care operations to the next regular City Council meeting scheduled for August 15, 2023. The motion was carried by a vote of 5/0.
9. LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE AND ALTERNATE Item: 6
17 July 18, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 4 Assistant City Manager Neves introduced this item and invited City Clerk Berglund to provide a brief presentation. No public comment was offered.
Council Member Voigts nominated Council Member Yu as the voting delegate.
Mayor Pro Tem Tettemer nominated Council Member Pequeño as alternate.
MOTION: It was moved by Mayor Cirbo, seconded by Council Member Voigts, to
1. Appoint Council Member Yu as the Voting Delegate for the 2023 Annual Conference of the League of California Cities, to be held September 20-22, 2023 in Sacramento, CA. and 2. Appoint Council Member Pequeño as an Alternate Delegate from the additional conference attendees. The motion carried by a vote of 5/0.
ASSISTANT CITY MANAGER'S REPORT: Assistant City Manager Neves had nothing further to report.
CITY COUNCIL COMMENTS:
Council Member Pequeño: Council Member Pequeño thanked staff for all their hard work and had nothing further to report.
Council Member Voigts: Council Member Voigts had nothing further to report.
Council Member Yu: Council Member Yu expressed his gratitude for being an American and had nothing further to report.
Mayor Pro Tem Tettemer: Mayor Pro Tem Tettemer had nothing further to report.
Mayor Cirbo: Mayor Cirbo encouraged everyone to consider supporting a 1st Anglico family whose home was
burned down and had nothing further to report.
ADJOURNMENT: The Regular Meeting of the City Council was adjourned at 7:16 p.m.
Respectfully submitted:
APPROVED:
LISA BERGLUND DOUG CIRBO
CITY CLERK MAYOR
Item: 6
18 CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/15/2023
DEPARTMENT: Finance
SUBJECT:
CERTIFICATION OF WARRANT REGISTER
RECOMMENDED ACTION(S):
Approve the warrant register in the amount of $6,211,609.02 EXECUTIVE SUMMARY:
In accordance with Government Code Section 37202 and Lake Forest Municipal Code Chapter 3.16, the official below certifies that 1) the invoices of the warrant register have been properly reviewed and 2) funds are available for payment of the warrants.
FISCAL IMPACT:
The amount of the warrant register is $6,211,609.02.
ATTACHMENTS:
Warrant Register
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
Item: 7
19 ATTACHMENT
Item: 7
20 8/8/2023 3:17:12 PM Page 1 of 16
Check Report
City of Lake Forest By Check Number
Date Range: 07/01/2023 - 07/31/2023
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount Bank Code: OP-Operating
Payment Type: Manual
THB000000 EMPLOYEE PAYROLL CHECK 07/14/2023 0000011110683.09Manual 0.00 11110 Invoice 07/14/2023 LIVE ADP CHECK #11110 PPE 07/07/2023 683.090.00 THB000000 EMPLOYEE PAYROLL CHECK 07/28/2023 11111511.26Manual 0.00 11111 Invoice 07/28/2023 LIVE ADP CHECK 11111 PPE 07/21/2023 511.260.00 THB000000 EMPLOYEE PAYROLL CHECK 07/28/2023 111122,020.55Manual 0.00 11112 Invoice 07/28/2023 LIVE ADP CHECK 11112 PPE 07/21/2023 2,020.550.00 THB000000 EMPLOYEE PAYROLL CHECK 07/28/2023 111131,019.26Manual 0.00 11113 Invoice 07/28/2023 LIVE ADP CHECK 11113 PPE 07/21/2023 1,019.260.00 THB000000 EMPLOYEE PAYROLL CHECK 07/28/2023 11114307.35Manual 0.00 11114 Invoice 07/28/2023 LIVE ADP CHECK 11114 PPE 07/21/2023 307.350.00 THB000000 EMPLOYEE PAYROLL CHECK 07/28/2023 11115297.13Manual 0.00 11115 Invoice 07/28/2023 LIVE ADP CHECK 11115 PPE 7/21/2023 297.130.00 4,838.64Total Manual: 0.00
Item: 7
21 Check Report Date Range: 07/01/2023 - 07/31/2023
8/8/2023 3:17:12 PM Page 2 of 16
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount Payment Type: Regular
10739 CALISTA DOORS & WINDOWS 07/27/2023 801038-3,300.00Regular 0.00 10430 A&H COMMUNICATIONS INC 07/06/2023 8011009,716.66Regular 0.00 980002116 Invoice 06/30/2023 LOW VOLTAGE MAINTENANCE MAY & JUN 9,716.660.00 10001 ABTECH TECHNOLOGIES INC 07/06/2023 80110111,066.86Regular 0.00 2306038-IN Invoice 07/06/2023 ANNUAL MAINT FOR SWITCHES & WIRELE… 11,066.860.00 10006 ADT SECURITY SERVICES 07/06/2023 801102201.23Regular 0.00 999143901 Invoice 07/06/2023 SECURITY QUARTERLY SERVICE SPORTS PA… 201.230.00 10756 AGAPE DANCE LAB 07/06/2023 801103500.00Regular 0.00 2002446.021 Invoice 07/06/2023 REFUND PERMIT 5385 500.000.00 10752 ALFREDO NEGRETE 07/06/2023 801104360.00Regular 0.00 6027 Invoice 06/30/2023 SECURITY FOR SUMMER CONCERT 6/24 360.000.00 10021 ALLURE PEST MANAGEMENT INC 07/06/2023 801105300.00Regular 0.00 92315 Invoice 06/30/2023 BEE/WASP TREATMENT JUN BROKEN BOW… 150.000.00 92663 Invoice 06/30/2023 BEE/WASP TREATMENT JUN SKATEPARK 150.000.00 10023 AMAZING TENTS & EVENTS 07/06/2023 801106890.00Regular 0.00 8150 Invoice 06/30/2023 VIP TENT FOR 6/24 CONCERT 890.000.00 10028 AMERINAT 07/06/2023 801107955.00Regular 0.00
LPM-23-001272 Invoice 06/30/2023 REHAB MONTHLY FEES MAY 2023 955.000.00 10028 AMERINAT 07/06/2023 80110825.00Regular 0.00
FS-5683 Invoice 06/30/2023 REHAB LOAN FEE DOUGHERTY 25.000.00 10758 ANEL PROFETA 07/06/2023 801109200.00Regular 0.00
2002453.021 Invoice 07/06/2023 REFUND PERMIT 5777 200.000.00 10037 AQUABIO ENVIRONMENTAL 07/06/2023 8011103,671.58Regular 0.00 101764 Invoice 06/30/2023 LAKE MAINTENANCE ALGAE JUN VETERAN… 1,500.000.00 101765 Invoice 06/30/2023 LAKE MAINTENANCE PUMP REPAIR JUN V… 250.000.00 101766 Invoice 06/30/2023 LAKE MAINTENANCE WEED TREATMENT J… 421.580.00 101768 Invoice 06/30/2023 LAKE MAINTENANCE ALGAE JUN VETERAN… 1,500.000.00 10038 ARCADIAN BANK 07/06/2023 80111115,000.00Regular 0.00 DOUGHERTY 06/… Invoice 06/30/2023 REHAB LOAN DOUGHERTY 15,000.000.00 10038 ARCADIAN BANK 07/06/2023 80111230,000.00Regular 0.00 BERGER 06/08/2… Invoice 06/30/2023 REHAB LOAN BERGER 30,000.000.00 10038 ARCADIAN BANK 07/06/2023 80111315,000.00Regular 0.00 CRANE 06/08/20… Invoice 06/30/2023 REHAB LOAN CRANE 15,000.000.00 10047 AWARD CREATIONS 07/06/2023 80111436.28Regular 0.00 2023-1028 Invoice 06/30/2023 NAME BADGES (McGOVERN, EBRAHIM) 36.280.00 10052 BEAR ELECTRICAL SOLUTIONS INC 07/06/2023 80111536,076.50Regular 0.00 19335 Invoice 06/30/2023 TRAFFIC SIGNAL RESPONSE & ENCROACH… 27,431.000.00 19336 Invoice 06/30/2023 TRAFFIC SIGNAL DIGALERT & ENCROACH… 3,150.000.00 19383 Invoice 06/30/2023 TRAFFIC SIGNAL MAINTENANCE ROUTINE… 5,495.500.00 10060 BLUERIDGE SOFTWARE INC 07/06/2023 8011161,619.82Regular 0.00 10996 Invoice 07/06/2023 CONTRACT ASSISTANT SUPPORT & MAINT… 1,619.820.00 10757 BOOT BARN 07/06/2023 8011171,000.00Regular 0.00
2002448.021 Invoice 07/06/2023 REFUND PERMIT 6170 1,000.000.00 10062 BRIGHTVIEW LANDSCAPE SERVICES 07/06/2023 80111815,082.27Regular 0.00 5472895 Invoice 06/30/2023 IRRIGATION REPAIRS JUL 2022 LFSP 9,746.070.00 8418124 Invoice 06/30/2023 PLANT INFILL MAY REGENCY & SPORTS PA… 2,610.000.00 Item: 7
22 Check Report Date Range: 07/01/2023 - 07/31/2023
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 8418128 Invoice 06/30/2023 IRRIGATION REPAIRS APR SPORTS PARKS 2,726.200.00 10071 CALIFORNIA JOINT POWERS 07/06/2023 801119954,352.00Regular 0.00 PRIM02175 Invoice 07/06/2023 WORKER'S COMP / LIABILITY PROGRAM 2… 753,300.000.00 PROP02311 Invoice 07/06/2023 PROPERTY INSURANCE PREMIUM FY 23-24 201,052.000.00 THB001756 CAROLE LANGFORD 07/06/2023 80112061.29Regular 0.00 04/19/2023 Invoice 06/30/2023 EXP REIMB ENVIRONMENTAL COMPLIANC… 61.290.00 10107 COSTAR REALTY INFORMATION INC 07/06/2023 801121395.82Regular 0.00 120275742 Invoice 06/30/2023 COMMERCIAL PROPERTIES NOW MAR 395.820.00 THB004874 CRAIG SCHOEFFLER 07/06/2023 801122577.96Regular 0.00 06/30/2023 Invoice 06/30/2023 REPLENISH PC BOX FOR JAN - JUN 2023 577.960.00 THB004874 CRAIG SCHOEFFLER 07/06/2023 801122-577.96Regular 0.00 10113 CROWN FACILITY SOLUTIONS 07/06/2023 8011232,436.67Regular 0.00 1739 Invoice 06/30/2023 JANITORIAL SERVICES COM CTR PERMIT 5… 368.490.00 1782 Invoice 06/30/2023 JANITORIAL SERVICES COM CTR PERMIT 6… 368.490.00 1910 Invoice 06/30/2023 JANITORIAL SERVICES PAC PERMIT R6268 … 413.600.00 1934 Invoice 06/30/2023 JANITORIAL SERVICES PAC PERMIT R5385 … 413.600.00 1945 Invoice 06/30/2023 JANITORIAL SERVICES COM CTR PERMIT 5… 458.890.00 1946 Invoice 06/30/2023 JANITORIAL SERVICES PAC PERMIT R6134 … 413.600.00 10759 DAKTRONICS INC 07/06/2023 8011245,207.11Regular 0.00 7011676 Invoice 06/30/2023 SCOREBOARD CONTROLLERS SPORTS PARK 5,207.110.00 10134 ECONOMICS INC 07/06/2023 80112515,731.31Regular 0.00 2021-22.23 Invoice 06/30/2023 PROFESSIONAL SERVICES RFP SOLID WAST… 8,220.810.00 2022.16 Invoice 06/30/2023 PROFESSIONAL SERVICES JOINT RFP SOLID… 7,510.500.00 10755 EXCEL ACADEMY CHARTER SCHOOL 07/06/2023 801126200.00Regular 0.00 2002445.021 Invoice 07/06/2023 REFUND PERMIT 6125 200.000.00 10718 FRANK YOUNG HUTCHISON 07/06/2023 8011271,500.00Regular 0.00 JJF-062423-2 Invoice 06/30/2023 SUMMER CONCERT EXTRA PLAYING TIME … 1,500.000.00 10463 GOVERNMENT FORMS AND SUPPLIES 07/06/2023 801128365.00Regular 0.00 0043192 Invoice 06/30/2023 ARCHIVAL PAPER FOR RESOS, ORDS & MI… 365.000.00 10184 HINDERLITER DE LLAMAS & ASSOC 07/06/2023 80112914,560.00Regular 0.00 SIN027239 Invoice 06/30/2023 BUSINESS SERVICES SEIP JAN - MAR 2023 14,560.000.00 10186 ICF JONES & STOKES INC 07/06/2023 8011302,452.12Regular 0.00 INV-00000063461 Invoice 06/30/2023 MITIGATION MONITORING MAY CIVIC CE… 2,452.120.00 10203 JAMEY CLARK INC 07/06/2023 8011312,316.82Regular 0.00 74012 Invoice 06/30/2023 RESTROOM PLUMBING JUN MOUNTAIN V… 127.500.00 74022 Invoice 06/30/2023 REPAIR DOG BOWL FILLER JUN LFSP 170.000.00 74023 Invoice 06/30/2023 REPLACE PICKLEBALL NETS JUN PORTOLA … 1,348.360.00 74024 Invoice 06/30/2023 REPAIR LIGHT POLE JUN CHERRY PARK 670.960.00 10206 JC TEES 07/06/2023 8011321,872.13Regular 0.00
8759 Invoice 06/30/2023 COORDINATOR & SUPERVISOR POLO SHIR… 653.680.00 8809 Invoice 07/06/2023 4TH OF JULY PARADE T-SHIRTS 1,218.450.00 10751 JUAN LOPEZ 07/06/2023 8011338,389.00Regular 0.00
1007 Invoice 06/30/2023 REPLACE SHADE SAILS MAY BORREGO PA… 8,389.000.00 10223 KONICA MINOLTA BUSINESS 07/06/2023 801134472.14Regular 0.00 9009374320 Invoice 06/30/2023 COPIER MONTHLY MAINT - HP PRINTERS (… 472.140.00 10224 KONICA MINOLTA PREMIER FINANCE 07/06/2023 8011351,011.43Regular 0.00 79971149 Invoice 06/30/2023 COPIER LEASE JUN 2023 1,011.430.00 10236 LSA ASSOCIATES INC 07/06/2023 8011361,851.25Regular 0.00 Item: 7
23 Check Report Date Range: 07/01/2023 - 07/31/2023
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 188805 Invoice 06/30/2023 ENVRMNTL CNSLTNG SVCS UP 06-21-5438… 1,851.250.00 10241 MASTER WASH INC 07/06/2023 801137400.00Regular 0.00 74831 Invoice 06/30/2023 CITY VEHICLE CAR WASH JUN 400.000.00 10243 MATRIX IMAGING PRODUCTS INC 07/06/2023 8011384,876.08Regular 0.00 20230606 Invoice 06/30/2023 DOCUMENT IMAGING 4,876.080.00 10753 MEHRI JAVAD ZADETH 07/06/2023 801139120.00Regular 0.00 2002467.021 Invoice 07/06/2023 REFUND SUPER SOCCER STARS 11754 120.000.00 THB001884 MIKA J TOYOOKA 07/06/2023 801140109.91Regular 0.00 06/26/2023 Invoice 06/30/2023 EXP REIMB EMPLOYEE SERVICE AWARD E… 109.910.00 10250 MONOGRAM MAGIC 07/06/2023 801141100.14Regular 0.00 10767 Invoice 06/30/2023 LOGO POLO SHIRTS T. TRAN JUN 100.140.00 10263 NETFILE 07/06/2023 8011422,500.00Regular 0.00
8687 Invoice 07/06/2023 SUBSCRIPT CHGS 7/7 - 10/7 2023 CAMPAI… 2,500.000.00 10276 ONWARD ENGINEERING 07/06/2023 801143821.75Regular 0.00 6935 Invoice 06/30/2023 PHASE 14 ADA RAMPS MAY 821.750.00 10303 RALPH ANDERSEN & ASSOCIATES 07/06/2023 8011444,863.63Regular 0.00 INV-04324 Invoice 06/30/2023 CLASS & COMP STUDY FY 2022-2023 3,000.000.00 INV-04356 Invoice 06/30/2023 CLASS & COMP STUDY SUPP SVCS FY 2022… 1,863.630.00 10312 RJM DESIGN GROUP INC 07/06/2023 801145262.50Regular 0.00 35745 Invoice 06/30/2023 NEIGHBORHOOD PARK CONST SUPPORT V… 262.500.00 10611 SCOTT VOIGTS 07/06/2023 80114690.39Regular 0.00
APRIL 2023 Invoice 06/30/2023 EXP REIMB MILEAGE APRIL 2023 90.390.00 10754 SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT07/27/2023 801147-250.00Regular 0.00 10754 SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT07/06/2023 801147250.00Regular 0.00 2002444.021 Invoice 07/06/2023 REFUND PERMIT 6224 250.000.00 10335 SOUTHERN CALIFORNIA EDISON 07/06/2023 8011487,583.23Regular 0.00 5025 06/15/2023 Invoice 06/30/2023 TRAFFIC SIGNAL UTILITIES MAY 7,583.230.00 10341 SPORTS FACILITIES GROUP INC 07/06/2023 801149895.06Regular 0.00 A15930 Invoice 06/30/2023 SPORTS EQUIPMENT JUN SPORTS PARK 895.060.00 10539 STANTEC CONSULTING SERVICES INC 07/06/2023 80115013,005.00Regular 0.00 2094108 Invoice 06/30/2023 TRAFFIC MODELING LFTM 5-YEAR UPDATE… 9,305.000.00 2098550 Invoice 06/30/2023 TRAFFIC MODELING LFTM 5 YR UPDATE J… 3,700.000.00 10505 STUDIO TWO BLACK DIAMOND PRINTING & GRAPHICS07/06/2023 8011511,757.32Regular 0.00 100186 Invoice 06/30/2023 STAMPS (3) FOR BLDG DIVISION 630.770.00 100187 Invoice 06/30/2023 PLANNING APPROVAL STAMP 154.940.00 100208 Invoice 06/30/2023 EXPAND THE FOREST CARD STOCK FOR CE… 71.650.00 100220 Invoice 06/30/2023 EXPAND THE FOREST PRESENTATION FOL… 899.960.00 10346 SUPER SOCCER STARS 07/06/2023 80115210,706.50Regular 0.00 11477 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 749.000.00 11478 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 483.000.00 11479 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 483.000.00 11480 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 483.000.00 11482 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 322.000.00 11483 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 161.000.00 11484 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 406.000.00 11485 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 406.000.00 11486 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 322.000.00 11487 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 322.000.00 11488 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 161.000.00 Item: 7
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 11489 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 570.500.00 11491 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 724.500.00 11494 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 402.500.00 11496 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 413.000.00 11497 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 567.000.00 11499 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 892.500.00 11500 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 80.500.00 11501 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 161.000.00 11502 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 805.000.00 11503 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 402.500.00 11504 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 563.500.00 11505 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 483.000.00 11507 Invoice 06/30/2023 SPRING INSTRUCTOR PAYMENT 343.000.00 10701 THE INTERSECT GROUP LLC 07/06/2023 8011531,587.20Regular 0.00 95702186503 Invoice 06/30/2023 TEMP SERVICES WEEK ENDING 6/18 (B LA… 634.880.00 95702186729 Invoice 06/30/2023 TEMP SERVICES WEEK ENDING 6/25 (D SA… 952.320.00 THB001525 THOMAS WHEELER 07/06/2023 80115495.86Regular 0.00 06/29/2023 Invoice 06/30/2023 EXP REIMB LUNCH INTERVIEW FOR SCOTT… 95.860.00 10371 TOUMA INC 07/06/2023 8011553,555.00Regular 0.00
1123 Invoice 07/06/2023 IT INVENTORY SYSTEM (ASAP SYSTEMS) 09… 3,555.000.00 10372 TRABUCO CANYON WATER DISTRICT 07/06/2023 801156135.11Regular 0.00 06/20/2023 Invoice 06/30/2023 MPS EL TORO RD/PORTOLA METER MAY 135.110.00 10382 TYLER TECHNOLOGIES INC 07/06/2023 80115767,049.99Regular 0.00 025-423129 Invoice 07/06/2023 ENERGOV SOFTWARE SUPPORT & MAINT … 67,049.990.00 10398 VERIZON WIRELESS 07/06/2023 8011582,090.99Regular 0.00 9937137556 Invoice 06/30/2023 CELLULAR PHONES AND DATA SERVICE JU… 2,090.990.00 10506 WEST COAST ARBORISTS INC 07/06/2023 8011593,800.00Regular 0.00 201250 Invoice 06/30/2023 TREE MAINTENANCE 06/01 - 06/15 3,800.000.00 10410 Z&K CONSULTANTS INC 07/06/2023 80116032,264.00Regular 0.00 2090 Invoice 06/30/2023 CA/CI SLURRY SEAL ZONE A & LFSP MAY 20,870.000.00 9045A Invoice 06/30/2023 NH PARKS TASK 2 VINTAGE PARK CA/CI M… 11,394.000.00 10430 A&H COMMUNICATIONS INC 07/13/2023 8011614,758.00Regular 0.00 980002120 Invoice 06/30/2023 ANTENNA EXTENSION FOR COMMUNITY … 4,758.000.00 10001 ABTECH TECHNOLOGIES INC 07/13/2023 8011628,474.23Regular 0.00 2305052 Invoice 07/13/2023 NETWORK FIREWALL UPGRADE LICENSES 13,323.560.00 303024C-CM Credit Memo 07/13/2023 NETWORK FIREWALL UPGRADE - LICENSES -8,049.330.00 303024S-IN Invoice 06/30/2023 FIREWALL UPGRADE JUN 3,200.000.00 10055 BEST BEST & KRIEGER LLP 07/13/2023 80116384,894.10Regular 0.00 23-05 Invoice 06/30/2023 LEGAL SERVICES MAY 84,894.100.00 10104 CONVERGINT TECHNOLOGIES LLC 07/13/2023 8011649,275.37Regular 0.00 IN00068971 Invoice 06/30/2023 CCTV MONTHLY MAINTENANCE JUN 2,917.370.00 IN00071493 Invoice 06/30/2023 REPLACE CCTV SIKLU RADIO JUN SPORTS … 6,358.000.00 10113 CROWN FACILITY SOLUTIONS 07/13/2023 8011656,899.57Regular 0.00 1975 Invoice 07/13/2023 JANITORIAL SERVICES JULY 2023 5,485.000.00 2037 Invoice 07/13/2023 JANITORIAL SERVICES COM CTR PERMIT 5… 587.190.00 2038 Invoice 07/13/2023 JANITORIAL SERVICES COM CTR PERMIT 6… 368.490.00 2039 Invoice 07/13/2023 JANITORIAL SERVICES COM CTR PERMIT 6… 458.890.00 10156 FEDEX 07/13/2023 80116674.39Regular 0.00
8-178-10866 Invoice 06/30/2023 OVERNIGHT CHECKS FOR OPEB-PENSION … 74.390.00 10441 FERNANDO ALVAREZ JR KIDTASTIC BUBBLES LLC 07/13/2023 801167450.00Regular 0.00 Item: 7
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 23-206 Invoice 07/13/2023 SUMMER ACTIVITY 8/11 FOAM PARTY 450.000.00 10179 HARTZOG & CRABILL INC 07/13/2023 80116825,796.70Regular 0.00 23-0519 Invoice 06/30/2023 TRAFFIC ENGINEERING DEVELOPMENT/CIP… 11,463.180.00 23-0520 Invoice 06/30/2023 TRAFFIC ENGINEERING DEVELOPMENT/CIP… 14,333.520.00 10195 IP VIDEO SPECIALISTS 07/13/2023 801169199.00Regular 0.00 6494 Invoice 07/13/2023 VIDEO STREAMING SERVICE AUG SKATE P… 199.000.00 10198 ITERIS INC 07/13/2023 8011706,124.29Regular 0.00
159032 Invoice 06/30/2023 TRAFFIC SIGNAL SERVICES MAY 6,124.290.00 10512 JOHN MORRIS 07/13/2023 801171525.00Regular 0.00
00715230 Invoice 07/13/2023 FAMILY CAMPOUT 7/15 525.000.00 10760 JOLLY BOUNCERS INC 07/13/2023 801172656.11Regular 0.00 48864 Invoice 07/13/2023 FAMILY CAMPOUT 7/15 656.110.00 10472 JUMP N BOUNCE LLC 07/13/2023 801173753.00Regular 0.00 35781 Invoice 07/13/2023 SUMMER ACTIVITY 8/10 END OF SUMMER… 753.000.00 10429 KAYUGA SOLUTION INC 07/13/2023 80117492,015.00Regular 0.00 INV-LF-AMP-006 Invoice 06/15/2023 ASSET MANAGEMENT 1/01 - 3/11 92,015.000.00 10223 KONICA MINOLTA BUSINESS 07/13/2023 8011752,048.95Regular 0.00 287940085 Invoice 06/30/2023 COPIER MONTHLY MAINTENANCE JUN POL… 43.500.00 287940370 Invoice 06/30/2023 COPIER MONTHLY MAINTENANCE JUN CIT… 139.940.00 287940454 Invoice 06/30/2023 COPIER MONTHLY MAINTENANCE JUN 2A … 94.520.00 287940534 Invoice 06/30/2023 COPIER MONTHLY MAINTENANCE JUN SP… 75.440.00 287940621 Invoice 06/30/2023 COPIER MONTHLY MAINTENANCE JUN BL… 411.250.00 287940726 Invoice 06/30/2023 COPIER MONTHLY MAINTENANCE JUN SEN… 345.750.00 287940730 Invoice 06/30/2023 COPIER MONTHLY MAINTENANCE JUN 1A … 270.270.00 287941096 Invoice 06/30/2023 COPIER MONTHLY MAINTENANCE JUN 2B 196.140.00 9009318820 Invoice 06/30/2023 COPIER MONTHLY MAINT - HP PRINTERS (… 472.140.00 10224 KONICA MINOLTA PREMIER FINANCE 07/13/2023 8011761,011.43Regular 0.00 80214320 Invoice 07/13/2023 COPIER LEASE 7/8 - 8/7 1,011.430.00 10250 MONOGRAM MAGIC 07/13/2023 801177157.23Regular 0.00 10872 Invoice 06/30/2023 LOGO SHIRTS P. MEIER JUN 157.230.00 10434 PREHISTORIC INC JURASSIC PARTIES 07/13/2023 801178475.00Regular 0.00 24769 Invoice 07/13/2023 SUMMER ACTIVITY 7/11 WEEK 4 CAMP EV… 475.000.00 10305 RANCHO VIEJO II HOA 07/13/2023 801179840.00Regular 0.00 22702 08/01/2023 Invoice 07/13/2023 22702 MADRID HOA PAYMENT AUG PTM-… 420.000.00 22706 08/01/2023 Invoice 07/13/2023 22706 MADRID HOA PAYMENT AUG PTM-… 420.000.00 10312 RJM DESIGN GROUP INC 07/13/2023 801180650.00Regular 0.00 35744 Invoice 06/30/2023 LIGHTING DESIGN SERVICES MAY PORTOLA… 650.000.00 10329 SO CAL INDUSTRIES 07/13/2023 801181592.63Regular 0.00 637933 Invoice 06/30/2023 PORTALET RENTALS SUMMER CONCERT L… 592.630.00 10761 TRAIN PARTY EXPRESS LLC 07/13/2023 801182575.00Regular 0.00 008012023 Invoice 07/13/2023 SUMMER ACTIVITY 8/1 WEEK 7 CAMP EV… 575.000.00 10628 TWILIGHT PRODUCTIONS, INC 07/13/2023 8011832,998.00Regular 0.00 13835915 Invoice 07/13/2023 MOVIES IN THE PARK 7/07 1,499.000.00 13835921 Invoice 07/13/2023 MOVIES IN THE PARK 8/11 1,499.000.00 10401 VISIX INC 07/13/2023 8011843,744.00Regular 0.00
46873P Invoice 07/13/2023 VIDEO DISPLAY SOFTWARE 2024 3,744.000.00 10659 YANG JAE LEE 07/13/2023 8011853,000.00Regular 0.00 Item: 7
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 12298 Invoice 06/30/2023 PAINT PROGRAM ANDERSON 3,000.000.00 10481 YIFTEE INC 07/13/2023 80118610,320.00Regular 0.00 4993 Invoice 07/13/2023 CATALYTIC CONVERTER SHIELD PROGRAM 10,320.000.00 10001 ABTECH TECHNOLOGIES INC 07/20/2023 80118729,223.50Regular 0.00 W204154-IN Invoice 07/20/2023 IT MANAGED SERVICES JUL 29,223.500.00 10006 ADT SECURITY SERVICES 07/20/2023 801188220.44Regular 0.00 1001194366 Invoice 07/20/2023 SECURITY QUARTERLY SERVICE 7/18 -10/1… 155.970.00 1001338051 Invoice 07/20/2023 SECURITY MONITORING 7/19 - 8/18 SKATE… 64.470.00 10766 ALEX YUEN 07/20/2023 801189600.00Regular 0.00
2002482.021 Invoice 07/20/2023 REFUND PERMIT 4929 600.000.00 10019 ALLIANT INSURANCE SERVICES 07/20/2023 80119010,489.00Regular 0.00 2349682 Invoice 07/20/2023 CRIME INSURANCE RENEWAL JULY 2023 - … 10,489.000.00 10025 AMERICAN FIDELITY ASSURANCE 07/20/2023 8011912,615.68Regular 0.00 2222082A Invoice 07/20/2023 MED DEP CARE PPE 07/07/2023 2,615.680.00 10042 ASSURED TELEMATICS INC 07/20/2023 80119224.25Regular 0.00 111390 Invoice 07/20/2023 FLEET GPS UNITS JUL 24.250.00 10497 ATEI COMPANY, INC 07/20/2023 80119312,500.00Regular 0.00 002 Invoice 07/20/2023 BAND PAYMENT FOR 7/22 CONCERT 6,250.000.00 003 Invoice 07/20/2023 BAND PAYMENT FOR 8/26 CONCERT 6,250.000.00 10493 BENJAMIN PREISENDORF 07/20/2023 801194240.00Regular 0.00 INV 010 Invoice 06/30/2023 THRIVE WELLNESS CLASS PERSONAL TRAIN… 240.000.00 10435 BUBBLEMANIA AND COMPANY LA LLC 07/20/2023 801195465.00Regular 0.00 1135 Invoice 07/20/2023 SUMMER ACTIVITY 6/22 465.000.00 10074 CALIFORNIA STATE DISBURSEMENT 07/20/2023 801196147.70Regular 0.00 PPE 07/07/2023 Invoice 07/20/2023 REMIT ID 200000002413681 SDU/TRIBAL … 147.700.00 10079 CALPERS LONG TERM CARE PROGRAM 07/20/2023 801197238.85Regular 0.00 14963753 Invoice 07/20/2023 EE CONT PPE 07/21/2023 238.850.00 10091 CHARLES ABBOTT ASSOCIATES INC 07/20/2023 801198263,067.33Regular 0.00 66009 Invoice 06/30/2023 STREET MAINTENANCE JUN 263,067.330.00 10095 CITY OF LAKE FOREST SUNSHINE CLUB 07/20/2023 801199199.50Regular 0.00 PPE 7/7/2023 Invoice 07/20/2023 EE CONT PPE 07/07/2023 199.500.00 10107 COSTAR REALTY INFORMATION INC 07/20/2023 801200395.82Regular 0.00 120379071 Invoice 06/30/2023 COMMERCIAL PROPERTIES NOW BACK-E… 395.820.00 10109 COUNTY OF ORANGE TREASURER TAX 07/20/2023 801201919,036.54Regular 0.00 SH 65692 Invoice 06/30/2023 LAW ENFORCEMENT CONTRACT JUNE 2023 918,649.930.00 STTM001201 Invoice 06/30/2023 MONTHLY TECH CHARGES 04/01/23 - 04/… 386.610.00 10110 COX COMMUNICATIONS 07/20/2023 8012022,338.60Regular 0.00 3601 07/01/2023 Invoice 07/20/2023 TELEPHONE, INTERNET, CABLE TV, PEG BR… 2,281.080.00 6701 06/27/2023 Invoice 07/20/2023 CABLE TV JUL 6/27 - 7/26 57.520.00 10113 CROWN FACILITY SOLUTIONS 07/20/2023 801203547.59Regular 0.00 2055 Invoice 07/20/2023 JANITORIAL SERVICES COM CTR PERMIT 4… 547.590.00 10119 DE NOVO PLANNING GROUP 07/20/2023 8012045,463.00Regular 0.00 3914 Invoice 06/30/2023 ON CALL ENV SVCS (UP 01-23-5589) EXTRA… 5,463.000.00 10514 DJE SOUND & LIGHTING INC 07/20/2023 8012058,248.66Regular 0.00 INV-00511 Invoice 07/20/2023 STAGE & SOUND FOR CONCERT 7/22 8,248.660.00 10129 DOCUSIGN INC 07/20/2023 8012068,710.80Regular 0.00 Item: 7
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 111100058707 Invoice 06/30/2023 ANNUAL LICENSE DIGITAL SIGNATURE SOF… 8,710.800.00 10620 ELITE AUTOMOTIVE SERVICES LLC 07/20/2023 8012071,250.00Regular 0.00 JUNE 2023 Invoice 06/30/2023 CATALYTIC CONVERTER PAINT & ETCH 1,250.000.00 10170 GMU GEOTECHNICAL INC 07/20/2023 8012083,322.50Regular 0.00 64016 Invoice 06/30/2023 EL TORO/PORTOLA INTERSECTION IMPRO… 3,322.500.00 10194 INTERWEST CONSULTING 07/20/2023 8012092,152.50Regular 0.00 89044 Invoice 06/30/2023 BLDG & SAFETY SVCS OT (CARDEN, McCUL… 2,152.500.00 10196 IRV SEAVER MOTORCYCLES 07/20/2023 8012101,842.08Regular 0.00 20231401 Invoice 06/30/2023 VEHICLE REPAIR 6/20 WB10J6305L6D14739 1,842.080.00 10767 JORGE MARQUEZ 07/20/2023 80121175.00Regular 0.00
07/12/2023 Invoice 06/30/2023 EXP REIMB ATAC AWARDS BANQUET APRI… 75.000.00 10448 KARI HALL DBA OC PARTY COMPANY 07/20/2023 8012122,534.00Regular 0.00 2470 Invoice 07/20/2023 SUMMER CONCERT FACE PAINTING 7/22 1,317.000.00 2471 Invoice 07/20/2023 SUMMER CONCERT FACE PAINTER 8/26 1,217.000.00 10610 KINNESSYS AUTO REPAIR, INC 07/20/2023 801213500.00Regular 0.00 JUNE 2023 Invoice 06/30/2023 CATALYTIC CONVERTER PAINT & ETCH JU… 500.000.00 10223 KONICA MINOLTA BUSINESS 07/20/2023 80121434.67Regular 0.00 288028198 Invoice 06/30/2023 COPIER MONTHLY MAINTENANCE JUN C… 34.670.00 10229 LAKE FOREST EXPRESS WASH 07/20/2023 80121545.00Regular 0.00 1097 Invoice 06/30/2023 VEHICLE WASH JUN 45.000.00
10231 LEIGHTON AND ASSOCIATES INC 07/20/2023 801216891.20Regular 0.00 57590 Invoice 06/30/2023 ENVIRO CONSULTANT PORTOLA OAKS SOIL… 891.200.00 10235 LOOPNET 07/20/2023 801217356.00Regular 0.00
117875299-1 Invoice 07/20/2023 COMMERCIAL PROPERTIES NOW FRONT-… 356.000.00 10765 LUKE MURILLO 07/20/2023 801218450.00Regular 0.00
2002476.021 Invoice 07/20/2023 REFUND PERMIT 5943 450.000.00 10244 MERCY HOUSE LIVING CENTERS INC 07/20/2023 80121913,238.23Regular 0.00 5001-23-04 Invoice 06/30/2023 CONTRACT HOMELESS OUTREACH SERVIC… 6,559.730.00 5001-23-05 Invoice 06/30/2023 CONTRACT HOMELESS OUTREACH SERVIC… 6,678.500.00 10249 MIKE LINARES INC 07/20/2023 8012205,562.00Regular 0.00 22-23-10 Invoice 06/30/2023 CDBG & CDBG-CV CONSULTING MAR & A… 2,266.000.00 22-23-11 Invoice 06/30/2023 CDBG & CDBG-CV CONSULTING MAY 2023 2,111.500.00 22-23-12 Invoice 06/30/2023 CDBG & CDBG-CV CONSULTING JUN 2023 1,184.500.00 10468 MISSIONSQUARE 07/20/2023 80122120,193.81Regular 0.00 07/07/2023 Invoice 07/20/2023 DEFERRED COMP PPE 07/07/2023 ACCT #… 20,193.810.00 10768 NAIOP INC 07/20/2023 801222475.00Regular 0.00
900526 Invoice 07/20/2023 MEMBERSHIP FOR G ACKERMAN FY 23/24 475.000.00 10763 NARANJITA FLAMENCO 07/20/2023 801223582.50Regular 0.00 2002481.021 Invoice 07/20/2023 REFUND PERMIT 6134 582.500.00 10271 OC HUMAN RELATIONS COUNCIL 07/20/2023 8012245,247.00Regular 0.00 2023-24-019 Invoice 07/20/2023 MEMBERSHIP DUES 2023 - 2024 5,247.000.00 10273 OCCUPATIONAL HEALTH CENTERS 07/20/2023 801225435.00Regular 0.00 79551160 Invoice 06/30/2023 PRE-EMPLOYMENT PHYSICAL & TESTING J… 128.000.00 79626579 Invoice 06/30/2023 PRE-EMPLOYMENT PHYSICAL & TESTING J… 128.000.00 79705392 Invoice 06/30/2023 PRE-EMPLOYMENT PHYSICAL & TESTING J… 179.000.00 10274 OCEAN BLUE ENVIRONMENTAL 07/20/2023 8012261,947.00Regular 0.00 Item: 7
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 38430 Invoice 06/30/2023 PROFESSIONAL SERVICES 5/25 PATROL CAR 956.000.00 38505 Invoice 06/30/2023 PROFESSIONAL SERVICES 6/11 CRIME SCE… 991.000.00 10276 ONWARD ENGINEERING 07/20/2023 8012278,704.45Regular 0.00 6988 Invoice 06/30/2023 LAKE FOREST DR RESURFACING JUN 6,210.100.00 6989 Invoice 06/30/2023 TRABUCO RD RESURFACING JUN 2,494.350.00 10764 SHAILESH SHETYE 07/20/2023 801228200.00Regular 0.00 2002473.021 Invoice 07/20/2023 REFUND PERMIT 6407 200.000.00 10335 SOUTHERN CALIFORNIA EDISON 07/20/2023 8012295,187.33Regular 0.00 1549 07/03/2023 Invoice 06/30/2023 PORTOLA PARK UTILITIES JUN 72.630.00 5146 07/03/2023 Invoice 06/30/2023 STREET LIGHT UTILITIES JUNE 64.070.00 8114 07/10/2023 Invoice 06/30/2023 CIVIC CENTER UTILITIES JUN PARKING GA… 5,050.630.00 10337 SOUTHERN CALIFORNIA NEWS GROUP 07/20/2023 8012301,192.13Regular 0.00 0000568567 Invoice 06/30/2023 PUBLIC NOTICES JUN 1,192.130.00 10505 STUDIO TWO BLACK DIAMOND PRINTING & GRAPHICS07/20/2023 801231280.15Regular 0.00 100251 Invoice 07/20/2023 BUSINESS CARDS JUL 280.150.00 10359 THE GAS COMPANY 07/20/2023 8012321,029.84Regular 0.00 2943 07/11/2023 Invoice 06/30/2023 SPORTS PARK UTILITIES JUN 313.690.00 9109 7/10/2023 Invoice 06/30/2023 CIVIC CENTER UTILITIES JUN 716.150.00 10762 THE HABIT RESTAURANTS LLC 07/20/2023 8012333,448.93Regular 0.00 08/01/2023 Invoice 07/20/2023 NATIONAL NIGHT OUT 8/1/2023 3,448.930.00 10360 THE HARTFORD 07/20/2023 8012345,251.30Regular 0.00 457999849375 Invoice 07/20/2023 LIFE, AD&D PREMIUMS JUL 2023 5,251.300.00 10365 THERESA DOBBS 07/20/2023 8012355,985.00Regular 0.00 06/05/2023 Invoice 06/30/2023 CONSULTING SERVICES MAY 2,970.000.00 07/03/2023 Invoice 06/30/2023 CONSULTING SERVICES JUN 3,015.000.00 10391 US BANK PARS 07/20/2023 8012362,428.13Regular 0.00 07/07/2023 Invoice 07/20/2023 PARS CONT PPE 07/07/2023 2,428.130.00 10392 US DEPT OF TREASURY 07/20/2023 801237888.03Regular 0.00 07/07/2023 Invoice 07/20/2023 AGENCY TRACKING WG2122418 PPE 7/7/… 888.030.00 10400 VISION SERVICE PLAN 07/20/2023 8012381,938.38Regular 0.00 818305275 Invoice 07/20/2023 FTE VISION PREMIUM JULY 2023 1,938.380.00 10404 VONAGE BUSINESS 07/20/2023 8012399,234.04Regular 0.00 2255795 Invoice 07/20/2023 VOIP TELEPHONE SERVICE JUL 8,555.730.00 2255796 Invoice 07/20/2023 VOIP TELEPHONE SERVICE JUL SPORTS PA… 542.130.00 2255797 Invoice 07/20/2023 VOIP TELEPHONE SERVICE JUL SKATE PARK 136.180.00 10405 VOYAGER FLEET SYSTEMS INC 07/20/2023 8012402,949.34Regular 0.00 8690611272325 Invoice 06/30/2023 CITY VEHICLE FUEL JUN 2,949.340.00 10506 WEST COAST ARBORISTS INC 07/20/2023 8012412,000.00Regular 0.00 199142 Invoice 06/30/2023 TREE REMOVAL MAR VINTAGE PARK 2,000.000.00 10408 WESTAMERICA COMMUNICATIONS 07/20/2023 8012425,259.98Regular 0.00 357338 Invoice 06/30/2023 HOTEL GUIDE DESIGN & PRINTING 5,259.980.00 10001 ABTECH TECHNOLOGIES INC 07/27/2023 8012433,250.80Regular 0.00 W204227-IN Invoice 07/27/2023 CLOUD BACKUP SOFTWARE ANNUAL (7/2… 3,250.800.00 10723 AESTHETIC CLIMBING GYM LLC 07/27/2023 801244836.50Regular 0.00 11874 Invoice 07/27/2023 SUMMER INSTRUCTOR PAYMENT 185.500.00 11877 Invoice 07/27/2023 SUMMER INSTRUCTOR PAYMENT 301.000.00 11880 Invoice 07/27/2023 SUMMER INSTRUCTOR PAYMENT 350.000.00 Item: 7
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 10009 AGE WELL SENIOR SERVICES 07/27/2023 80124545,828.20Regular 0.00 0623 Invoice 06/30/2023 SENIOR MOBILITY PROGRAM JUN 4,303.200.00 APR - JUN 2023 Invoice 06/30/2023 CDBG-CV SUBRECIPIENT 4TH QTR 33,500.000.00 APR - JUN 2023 C… Invoice 06/30/2023 CDBG SUBRECIPIENT 4TH QTR 1,775.000.00 APR - JUN 2023 … Invoice 06/30/2023 CDBG-CV SUBRECIPIENT 4TH QTR MEALS … 6,250.000.00 10022 ALZHEIMER S ORANGE COUNTY 07/27/2023 8012461,250.00Regular 0.00 4TH QTR 2023 Invoice 06/30/2023 CDBG SUBRECIPIENT 4TH QTR SO CO ADU… 1,250.000.00 10028 AMERINAT 07/27/2023 801247865.00Regular 0.00
LPM-23-001536 Invoice 06/30/2023 REHAB MONTHLY FEES JUN 2023 865.000.00 10034 ANNEALTA GROUP 07/27/2023 8012481,633.62Regular 0.00 2886 Invoice 06/30/2023 DEVELOPMENT GRADING INSPECTION JUN 486.810.00 2887 Invoice 06/30/2023 DEVELOPMENT GRADING INSPECTION JUN 966.810.00 2888 Invoice 06/30/2023 DEVELOPMENT GRADING INSPECTION JUN 180.000.00 10685 ARANYA CATERING MANAGEMENT INC 07/27/2023 801249942.50Regular 0.00 07/27/2023 Invoice 07/27/2023 SENIOR THURSDAY LUNCH 7/27 942.500.00 10038 ARCADIAN BANK 07/27/2023 801250390.00Regular 0.00 365 Invoice 06/30/2023 REHAB LOAN FEES - BERGER, DOUGHERTY,… 390.000.00 10039 ARDURRA GROUP INC 07/27/2023 80125177,138.00Regular 0.00 138856 Invoice 06/30/2023 PROFESSIONAL SERVICES JUN 77,138.000.00 10043 AT&T 07/27/2023 8012521,287.10Regular 0.00
3944 8950460803 Invoice 06/30/2023 INTERNET SERVICE JUN CIVIC CENTER 1,287.100.00 10044 AT&T CALNET3 07/27/2023 801253409.35Regular 0.00
157 0000201472… Invoice 06/30/2023 PARK UTILITIES JUN 53.440.00 339 0000202389… Invoice 07/27/2023 ANALOG PHONE LINES JUL CIVIC CENTER 355.910.00 10052 BEAR ELECTRICAL SOLUTIONS INC 07/27/2023 80125470,137.20Regular 0.00 19456 Invoice 06/30/2023 TRAFFIC SIGNAL MAINT SERVICES - RESPO… 54,801.900.00 19457 Invoice 06/30/2023 TRAFFIC SIGNAL MAINT USA RESPONSE J… 3,525.000.00 19458 Invoice 06/30/2023 TRAFFIC SIGNAL MAINTENANCE ROUTINE … 5,495.500.00 19565 Invoice 07/27/2023 TRAFFIC SIGNAL CLAIM EMERGENCY RESP… 6,314.800.00 10062 BRIGHTVIEW LANDSCAPE SERVICES 07/27/2023 8012552,208.43Regular 0.00 8502084 Invoice 06/30/2023 IRRIGATION REPAIRS JUN LFSP 2,208.430.00 10075 CALIFORNIA YELLOW CAB 07/27/2023 8012561,092.77Regular 0.00 6508023 Invoice 06/30/2023 SENIOR TRANSPORTATION JUN 1,092.770.00 10739 CALISTA DOORS & WINDOWS 07/27/2023 8012573,300.00Regular 0.00 COMB-12-22-580…Invoice 06/29/2023 REFUND C&D DEPOSIT 3,300.000.00 10081 CAMINO HEALTH CENTER 07/27/2023 8012583,155.00Regular 0.00 4TH Q 2023 I P C Invoice 06/30/2023 CDBG SUBRECIPIENT 4TH QTR INDIGENT P… 3,155.000.00 10109 COUNTY OF ORANGE TREASURER TAX 07/27/2023 8012591,645,733.25Regular 0.00 GA23240018 Invoice 07/27/2023 LAFCO COSTS 13,993.400.00 SH 65765 Invoice 07/27/2023 LAW ENFORCEMENT JUL 1,631,670.350.00 STTM001499 Invoice 06/30/2023 OCSD MONTHLY TECH CHARGES 5/1/23 - … 69.500.00 10113 CROWN FACILITY SOLUTIONS 07/27/2023 801260916.08Regular 0.00 2067 Invoice 07/27/2023 JANITORIAL SERVICES COMM CTR PERMIT… 547.590.00 2068 Invoice 07/27/2023 JANITORIAL SERVICES COMM CTR PERMIT… 368.490.00 10518 DANIELLE YANEZ 07/27/2023 801261270.00Regular 0.00 07/13/2023 Invoice 07/27/2023 NATIONAL NIGHT OUT FACE PAINTING 8/… 270.000.00 10120 DEKRALITE 07/27/2023 8012622,700.88Regular 0.00
ARINV019892 Invoice 06/30/2023 INSTALL & REMOVE 4TH OF JULY BANNERS 2,700.880.00 Item: 7
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 10781 DELTA ELECTRIC LLC 07/27/2023 801263212,230.00Regular 0.00 1R2 Invoice 06/30/2023 PORTOLA PARK LIGHTING JUN PW2019-03 212,230.000.00 10778 DESIREE MCCARTHY 07/27/2023 801264400.00Regular 0.00 2002488.021 Invoice 07/27/2023 REFUND PERMIT 5858 400.000.00 10124 DIANA DIZON 07/27/2023 8012653,587.50Regular 0.00 11708 Invoice 07/27/2023 SUMMER BIONERDS INSTRUCTOR PAYME… 1,323.000.00 11714 Invoice 07/27/2023 SUMMER BIONERDS INSTRUCTOR PAYME… 1,645.000.00 11715 Invoice 07/27/2023 SUMMER BIONERDS INSTRUCTOR PAYME… 619.500.00 10127 DJ CONNECTION 07/27/2023 801266400.00Regular 0.00 07/18/2023 Invoice 07/27/2023 NATIONAL NIGHT OUT DJ 8/01 400.000.00 10776 DON GILBERT 07/27/2023 801267200.00Regular 0.00
2002487.021 Invoice 07/27/2023 REFUND PERMIT 6772 200.000.00 10134 ECONOMICS INC 07/27/2023 80126811,064.58Regular 0.00 2021-22.24 Invoice 06/30/2023 PROFESSIONAL SERVICES SOLID WASTE & … 5,538.330.00 2022.17 Invoice 06/30/2023 PROFESSIONAL SERVICES JOINT RFP SOLID… 5,526.250.00 10143 ERIC WINTER 07/27/2023 801269551.54Regular 0.00
6046B Invoice 06/30/2023 AV SERVICES FOR CITY COUNCIL 6/6 & 6/20 551.540.00 10145 EUROGYMNASTICS INC 07/27/2023 801270189.00Regular 0.00 11847 Invoice 07/27/2023 SUMMER GYMNASTICS CLASS INSTRUCTO… 189.000.00 10151 FAIR HOUSING COUNCIL OF OC 07/27/2023 8012711,443.20Regular 0.00 4TH QTR 2023 C… Invoice 06/30/2023 CDBG SUBRECIPIENT 4TH QTR LF FHC ED &… 1,443.200.00 10152 FAMILIES FORWARD 07/27/2023 8012723,435.51Regular 0.00 CDBG 4TH Q 2023…Invoice 06/30/2023 CDBG 4TH Q 2023 HOMELESS HOUSING S… 3,435.510.00 10163 FLOCK GROUP INC 07/27/2023 8012737,000.00Regular 0.00 INV-17877 Invoice 06/30/2023 MOBILE FLOCK CAMERAS 7,000.000.00 10446 GET SAFE CHOICE PERSONAL SAFETY INC 07/27/2023 8012744,472.00Regular 0.00 RS1005 Invoice 06/30/2023 SAFETY ACADEMY JUN 4,472.000.00 10771 GLEE MUSIC ACADEMY 07/27/2023 801275567.70Regular 0.00 11862 Invoice 07/27/2023 SUMMER INSTRUCTOR PAYMENT 207.900.00 11865 Invoice 07/27/2023 SUMMER INSTRUCTOR PAYMENT 138.600.00 11871 Invoice 07/27/2023 SUMMER INSTRUCTOR PAYMENT 221.200.00 10178 HABITAT RESTORATION SCIENCES 07/27/2023 8012761,500.00Regular 0.00 12979 Invoice 06/30/2023 SLOPE LANDSCAPE / MITIGATIION JUN CIV… 1,500.000.00 10179 HARTZOG & CRABILL INC 07/27/2023 80127713,337.74Regular 0.00 23-0581 Invoice 06/30/2023 TRAFFIC ENGINEERING DEVELOPEMENT/C… 13,337.740.00 10186 ICF JONES & STOKES INC 07/27/2023 801278684.20Regular 0.00 INV-00000064685 Invoice 06/30/2023 CIVIC CENTER MITIGATION JUNE 2023 684.200.00 10194 INTERWEST CONSULTING 07/27/2023 801279165,708.58Regular 0.00 89243 Invoice 06/30/2023 BUILDING & SAFETY SERVICES JUNE 2023 165,708.580.00 10198 ITERIS INC 07/27/2023 8012808,972.21Regular 0.00
159323 Invoice 06/30/2023 TRAFFIC SIGNAL SERVICES JUN 8,972.210.00 10199 JACOB GREEN 07/27/2023 8012813,091.67Regular 0.00 2313 Invoice 06/30/2023 LOCAL HAZARD MITIGATION PLAN CONSU… 3,091.670.00 10773 KONA COFFEE 07/27/2023 8012823,000.00Regular 0.00 COMB-12-22-583…Invoice 07/27/2023 REFUND C&D DEPOSIT 3,000.000.00 10495 KONICA MINOLTA 07/27/2023 801283224.93Regular 0.00 Item: 7
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 42777412 Invoice 07/27/2023 C300I COPIER LEASE COMM CTR AUG 224.930.00 10223 KONICA MINOLTA BUSINESS 07/27/2023 801284474.42Regular 0.00 9009431150 Invoice 07/27/2023 COPIER MONTHLY MAINT - HP PRINTERS (… 474.420.00 10772 LANDSEA HOMES 07/27/2023 801285104.53Regular 0.00 07/10/2023 Invoice 07/27/2023 REFUND DEVELOPER DEPOSIT 104.530.00 10232 LGC GEOTECHNICAL INC 07/27/2023 8012861,261.40Regular 0.00 01-19424 Invoice 06/30/2023 GEOTECHNICAL SERVICES JUN THE MEAD… 1,261.400.00 10240 MARYAM STEVENSON 07/27/2023 8012871,216.60Regular 0.00 11762 Invoice 07/27/2023 SUMMER BOOT CAMP INSTRUCTOR PAY… 1,216.600.00 10779 MATT SWAY 07/27/2023 801288500.00Regular 0.00
2002504.021 Invoice 07/27/2023 REFUND PERMIT 5398 500.000.00 10527 MEGAN GILFILLAN 07/27/2023 8012891,100.00Regular 0.00 18 Invoice 07/27/2023 NATIONAL NIGHT OUT SHAVE ICE MAUI S… 1,100.000.00 10248 MICHAEL D MCNEIL 07/27/2023 801290900.00Regular 0.00 14049685982523 Invoice 07/27/2023 DJ / MC FOR CLUBHOUSE DANCE 8/25/23 900.000.00 10250 MONOGRAM MAGIC 07/27/2023 801291219.81Regular 0.00 11040 Invoice 07/27/2023 UNIFORMS 219.810.00
10265 NIEVES LANDSCAPE INC 07/27/2023 801292138,213.33Regular 0.00 74754 Invoice 06/30/2023 MONTHLY MAINTENANCE PASSIVE PARKS … 69,575.840.00 74755 Invoice 06/30/2023 MONTHLY MAINTENANCE JUN 68,637.490.00 10536 ODP BUSINESS SOLUTIONS LLC 07/27/2023 8012933,335.14Regular 0.00 27055292 Invoice 06/30/2023 OPERATING SUPPLIES JUN 3,335.140.00 10777 PAT KIM 07/27/2023 801294400.00Regular 0.00
2002502.021 Invoice 07/27/2023 REFUND PERMIT 5928 400.000.00 10780 RAJEEV BHARDWAJ 07/27/2023 801295849.83Regular 0.00 2002489.021 Invoice 07/27/2023 REFUND PERMIT 6271 849.830.00 10477 READWRITE EDUCATIONAL SOLUTIONS INC 07/27/2023 8012961,301.30Regular 0.00 11782 Invoice 07/27/2023 SUMMER EDUCATION DEVELOPMENT INS… 473.200.00 11787 Invoice 07/27/2023 SUMMER EDUCATION DEVELOPMENT INS… 709.800.00 11792 Invoice 07/27/2023 SUMMER EDUCATION DEVELOPMENT INS… 118.300.00 10775 RICHER & KRYSTLE TA 07/27/2023 8012973,600.00Regular 0.00 COMB-04-225-53…Invoice 07/27/2023 REFUND C&D DEPOSIT 3,600.000.00 10719 RINCON CONSULTANTS INC 07/27/2023 801298916.25Regular 0.00 49521 Invoice 06/30/2023 NOISE POLICY & STANDARDS UPDATE CO… 916.250.00 10324 SHELLY BOOTH 07/27/2023 8012991,242.50Regular 0.00 11823 Invoice 07/27/2023 SUMMER PICKLEBALL INSTRUCTOR PAYM… 350.000.00 11825 Invoice 07/27/2023 SUMMER PICKLEBALL INSTRUCTOR PAYM… 269.500.00 11826 Invoice 07/27/2023 SUMMER PICKLEBALL INSTRUCTOR PAYM… 311.500.00 11828 Invoice 07/27/2023 SUMMER PICKLEBALL INSTRUCTOR PAYM… 115.500.00 11829 Invoice 07/27/2023 SUMMER PICKLEBALL INSTRUCTOR PAYM… 196.000.00 10330 SOFTCHOICE CORPORATION 07/27/2023 8013001,194.00Regular 0.00 91084499 Invoice 06/30/2023 OFFICE 365 LICENSES 1,194.000.00 10333 SOUTH COUNTY OUTREACH 07/27/2023 80130113,869.72Regular 0.00 4TH Q 2023 HHP Invoice 06/30/2023 CDBG SUBRECIPIENT 4TH QTR HUNGER & … 4,161.250.00 CDBG-CV 4TH Q … Invoice 06/30/2023 CDBG-CV 4TH QTR 2023 HUNGER & HOME… 9,708.470.00 10754 SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT07/27/2023 801302250.00Regular 0.00 Item: 7
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 2002444.021 Invoice 07/06/2023 REFUND PERMIT 6224 250.000.00 10338 SOUTHERN CALIFORNIA SHREDDING 07/27/2023 801303660.00Regular 0.00 230851 Invoice 06/30/2023 SHREDDING SERVICES JUN ID THEFT 660.000.00 10364 THE UPS STORE 0026 07/27/2023 801304495.00Regular 0.00 TCLF0506202300… Invoice 06/30/2023 PRE-EMP, CERT & STARS FINGERPRINTING … 495.000.00 10376 TRIPEPI SMITH AND ASSOCIATES 07/27/2023 8013052,256.25Regular 0.00 10327 Invoice 06/30/2023 AV FOR PAC PERMIT 5733 MAY 902.500.00 10475 Invoice 06/30/2023 AV FOR PAC PERMITS 6268 & 6124 JUN 1,353.750.00 10385 UNDERGROUND SERVICE ALERT OF 07/27/2023 801306185.00Regular 0.00 620230382 Invoice 06/30/2023 UNDERGROUND SERVICES ALERT JUN 185.000.00 10393 US TOO GYMNASTICS 07/27/2023 8013071,099.00Regular 0.00 11790 Invoice 07/27/2023 SUMMER GYMNASTICS INSTRUCTOR PAY… 147.000.00 11791 Invoice 07/27/2023 SUMMER GYMNASTICS INSTRUCTOR PAY… 301.000.00 11794 Invoice 07/27/2023 SUMMER GYMNASTICS INSTRUCTOR PAY… 297.500.00 11796 Invoice 07/27/2023 SUMMER GYMNASTICS INSTRUCTOR PAY… 196.000.00 11806 Invoice 07/27/2023 SUMMER GYMNASTICS INSTRUCTOR PAY… 157.500.00 10398 VERIZON WIRELESS 07/27/2023 801308258.16Regular 0.00 9939110657 Invoice 06/30/2023 PARKS PRIVATE VPN FOR CCTV JUN 258.160.00 10403 VOCATIONAL VISIONS INC 07/27/2023 8013091,250.00Regular 0.00 4TH Q 2023 CDBG…Invoice 06/30/2023 CDBG SUBRECIPIENT 4TH QTR INTEGRATE… 1,250.000.00 10406 WALLACE & ASSOCIATES 07/27/2023 80131040,129.00Regular 0.00 18001 Invoice 06/30/2023 CA/CI EL TORO/PORTOLA INTERSECTION … 36,548.000.00 18004 Invoice 06/30/2023 CA/CI ADA RAMPS PH 13 JUN 164.000.00 18005 Invoice 06/30/2023 CA/CI PORTOLA PARK LIGHTING JUN 3,417.000.00 10410 Z&K CONSULTANTS INC 07/27/2023 8013115,300.00Regular 0.00 2091 Invoice 06/30/2023 CA/CI SLURRY SEAL ZONE A & SPORTS PAR… 5,300.000.00 5,487,421.01Total Regular: 0.00
Item: 7
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount Payment Type: Bank Draft
10080 CALPERS HEALTH BENEFITS BRANCH 07/05/2023 DFT000006489,328.32Bank Draft 0.00 100000017202241 Invoice 07/05/2023 HEALTH INSURANCE JULY 2023 89,328.320.00 10076 CALPERS EMPLOYER SVCS 07/14/2023 DFT000006550,136.98Bank Draft 0.00 07/07/2023 Invoice 07/20/2023 RETIREMENT CONTRIBUTIONS PPE 07/07/… 50,136.980.00 10004 ADP 07/07/2023 DFT00000661,423.70Bank Draft 0.00
636912439 Invoice 07/07/2023 WORKFORCE NOW HCM PE 6/12/23 1,423.700.00 10004 ADP 07/07/2023 DFT00000671,942.55Bank Draft 0.00
636912329 Invoice 07/07/2023 PROCESSING CHGS FOR PE 6/9, 6/15 & 6/… 1,942.550.00 10004 ADP 07/07/2023 DFT00000681,576.65Bank Draft 0.00
636911829 Invoice 07/07/2023 ADP TIME AND ATTENDANCE 1,576.650.00 144,408.20Total Bank Draft: 0.00
Regular Checks
Manual Checks
Voided Checks
Discount
Payment
CountPayment Type
Bank Code OP Summary
Bank Drafts
EFT's
212
6 3
5 0
0.00 0.00
0.00 0.00
0.00 226 0.00
Payment
5,491,548.97
4,838.64
-4,127.96
144,408.20
0.00 5,636,667.85
Payable
Count
330
6 0
5 0
341
Item: 7
34 Check Report Date Range: 07/01/2023 - 07/31/2023
8/8/2023 3:17:12 PM Page 15 of 16
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount Bank Code: PR-Payroll
Payment Type: Bank Draft
10005 ADP TAX FINANCIAL SVC 07/13/2023 DFT000006254,331.73Bank Draft 0.00 07/14/2023 Invoice 07/14/2023 PAYROLL TAXES FOR PPE 02/17/2023 54,331.730.00 10004 ADP 07/14/2023 DFT0000063228,442.75Bank Draft 0.00 DD 07/07/2023 Invoice 07/14/2023 DIRECT DEPOSIT ACH PPE 07/07/2023 228,442.750.00 10005 ADP TAX FINANCIAL SVC 07/28/2023 DFT000006955,835.62Bank Draft 0.00 07/21/2023 Invoice 07/28/2023 PAYROLL TAXES FOR PPE 07/21/2023 55,835.620.00 10004 ADP 07/28/2023 DFT0000070236,331.07Bank Draft 0.00 DD 07/21/2023 Invoice 07/28/2023 DIRECT DEPOSIT ACH PPE 7/21/2023 236,331.070.00 574,941.17Total Bank Draft: 0.00
Regular Checks
Manual Checks
Voided Checks
Discount
Payment
CountPayment Type
Bank Code PR Summary
Bank Drafts
EFT's
0 0
0 4
0 0.00
0.00 0.00
0.00 0.00
4 0.00
Payment
0.00 0.00
0.00 574,941.17
0.00 574,941.17
Payable
Count
0 0
0 4
0 4
Item: 7
35 Check Report Date Range: 07/01/2023 - 07/31/2023
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
212
6 3
9 0
0.00 0.00
0.00 0.00
0.00 230 0.00
5,491,548.97
4,838.64
-4,127.96
719,349.37
0.00 6,211,609.02
330
6 0
9 0
345
Fund Name AmountPeriod
Fund Summary
999 Pooled Cash 6,211,609.027/2023
6,211,609.02
Item: 7
36 CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/15/2023
DEPARTMENT: Finance
SUBJECT:
QUARTERLY TREASURER'S REPORT - QUARTER ENDED JUNE 30, 2023 RECOMMENDED ACTION(S):
Receive and file.
EXECUTIVE SUMMARY:
The Treasurer's Report for the quarter ended June 30, 2023, is attached. There are no exceptions to the Investment Policy. Total cash and investments equal $194.6 million for the period. Quarterly reports are presented to the City Council to keep the City Council apprised of the status of the City’s investment holdings and demonstrate compliance with the City’s Investment Policy. The attached report presents the status of the City’s investment portfolio for the quarter ended June 30, 2023.
The City contracts with Chandler Asset Management to provide investment management services.
Investment Portfolio
The City’s balances consist of the following:
Type Millions
Chandler Asset Management Portfolio
Local Agency Investment Fund (LAIF)
139.8
0.1 California Asset Management Program (CAMP) 44.7
Orange County Investment Pool (OCIP) 0.2
Federated Government Obligations Fund 0.0
Operating Bank Balance – US Bank 9.8
Total Cash and Investments 194.6
The attached Quarterly report attests to our alignment with the Statement of Investment Policy, demonstrating full compliance.
Item: 8
37 2
7 0
1 FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
Quarterly Treasurer's Report
Initiated By: Amy Lewis, Assistant Director of Finance
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
Item: 8
38 ATTACHMENT
Item: 8
39 City of Lake Forest Investment Statement of Compliance Quarter Ending June 30, 2023
1. I hereby certify that the investments are in compliance with the Statement of Investment Policy approved by the City Council on April 18, 2023.
2. Although any investment is impacted by market conditions, the current investments are structured to reduce the impact of market conditions.
3. The market values for the investments are provided by the City’s investment management service, Chandler
Asset Management,US Bank,
Local Agency Investment Fund, California Asset Management Program and Orange County Investment Pool.
4. The City has the ability to meet its budgeted expenditures for the next six months.
____
___________________________
Kevin R. Shirah
Director of Finance/City Treasurer
Item: 8
40 CHANDLER ASSET MANAGEMENT, INC. | 800.317.4747 | www.chandlerasset.com
INVESTMENT REPORT
Period Ending June 30, 2023
City of Lake Forest
Item: 8
41 SECTION 1 Economic Update
SECTION 2 Account Profile
SECTION 3 Consolidated Information
SECTION 4 Portfolio Holdings
SECTION 5 Transactions
Table of Contents As of June 30, 2023
1 Item: 8
42 SECTION |
Section 1 |
Economic Update
2 Item: 8
43 Economic Update
▪
▪
▪
Recent economic data continues to suggest positive but below trend growth this year. Although the pace of job growth is moderating, labor markets remain solid, and the U.S. consumer has demonstrated resiliency. Inflationary trends are subsiding, but core levels remain well above the Fed’s target. Given the cumulative effects of restrictive monetary policy and tighter financial conditions, we believe the economy will gradually soften and the Fed will remain data dependent as they tread cautiously going forward.
As anticipated at the July meeting, the Federal Open Market Committee voted unanimously to raise the Federal Funds rate by 0.25% to a target range of 5.25 - 5.50%, the highest level in over 20 years. Fed Chair Powell maintained that the FOMC will remain data dependent going forward, and that theydo not anticipate a recession, leaving the option open for the possibility of additional rate hikes in the future if needed.
The yield curve remained inverted in June. The 2-year Treasury yield surged 50 basis points to 4.90%, the 5-year Treasury yield rose 40 basis points to 4.16%, and the 10-year Treasury yield increased 19 basis points to 3.84%. The inversion between the 2-year Treasury yield and 10-year Treasury yield widened to -106 basis points at June month-end versus -76 basis points at May month-end. The spread between the 2-year Treasury and 10-year Treasury yield one year ago was +6 basis points. The inversion between 3-month and 10-year Treasuries narrowedto -146 basis points in June from -176 basis points in May. The shape of the yield curve indicates that the probability of recession is increasing.
3 Item: 8
44 Employment
-400
-200
0 200
400
600
800
1,000MOM Change In Thousands (000's)
Nonfarm Payroll (000's)
Non-farm Payroll (000's)
3 month average (000's)
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
Unemployment Rate
Underemployment Rate (U6)
Unemployment Rate (U3)
Rate (%)
The U.S. economy added 209,000 jobs in June, falling short of consensus expectations, and the last two months were revised downward by 110,000 jobs. Although decelerating, the pace of job growth remains healthy with the three-month moving average payrollsat 244,000 and the six-month moving average at 278,000. The unemployment rate declined to 3.6% in June from 3.7% in May, while the labor force participation rate remained at 62.6%. The U-6 underemployment rate, which includes those who are marginally attached to the labor force and employed part time for economic reasons, increasedto 6.9% from the prior monthat 6.7%. Average hourly earnings remained at 4.4% year-over-yearin June, unchanged froman upwardly revised 4.4% increase in May. While the longer-term trendof hiring is slowing, levels remain consistent with a solid labor market.
Source: US Department of Labor Source: US Department of Labor 4 Item: 8
45 Job Openings & Labor Turnover Survey
0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
Job Openings
Recession
Historical Average
In Thousands (000's)
The numberof job openings declined to 9.824 million in May after an upward revision to 10.320 million in April. The drop was widespread but particularly steep in healthcare and social assistance. Hiring increased over the month, along with both separations and quits. The level of job openings indicates strong resilience in labor demand.
Source: US Department of Labor
5 Item: 8
46 Inflation
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8.0%
9.0%
10.0%
Consumer Price Index (CPI)
CPI YOY % Change
Core CPI YOY % Change
YOY (%) Change
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8.0%
9.0%
10.0%
Personal Consumption Expenditures (PCE)
PCE Price Deflator YOY % Change
PCE Core Deflator YOY % Change
Fed Target
YOY (%) Change
The Consumer Price Index (CPI) increased in June by 0.2% month-over-month and 3.0% year-over-year, down from 4.0%in May. The Core CPI, which excludes volatile food and energy components, was up 0.2% month-over-month and 4.8% year-over-year, decelerating modestly from 5.3%in May. The Personal Consumption Expenditures (PCE) index rose 3.0% year-over-yearin June, down from a 3.8% gain in May. Core PCE, the Federal Reserve’s preferred inflation gauge, increased 4.1% year-over-year in June, down from a 4.6% increase in May. Core inflation is decelerating but remains above the Fed's 2% target.
Source: US Department of Labor Source: US Department of Commerce 6 Item: 8
47 Consumer
-30.0%
-20.0%
-10.0%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
Retail Sales YOY % Change
YOY (%) Change
Advance Retail Sales rose 0.2% month-over-month in June, modestly below expectations. On a year-over-year basis, retail sales growth moderated to a 1.5% year-over-year gain in June versus an upwardly revised 2.0% increase in May. The Conference Board’s Consumer Confidence Index surged to a better than expected 117.0 in July from an upwardly revised 110.1 in June. Both current conditions and future expectations gained strength.
80 90
100
110
120
130
140
Index Level
Consumer Confidence
Source: US Department of Commerce Source: The Conference Board 7 Item: 8
48 Leading Indicators of Economic Activity
-25.0%
-20.0%
-15.0%
-10.0%
-5.0%
0.0%
5.0%
10.0%
15.0%
20.0%
Leading Economic Indicators (LEI)
Recession
YOY (%) Change
-1.00
-0.75
-0.50
-0.25
0.00 0.25
0.50 0.75
1.00 Chicago Fed National Activity Index (CFNAI)
Recession
3 Month Average
The Conference Board’s Leading Economic Index (LEI) remained in negative territory for the fifteenth consecutive monthat -0.7% and was down 7.8% year-over-year in June. The consistent decline month-over-month continues to signal future contraction in the economy. The Chicago Fed National Activity Index (CFNAI) fell to -0.32 in June from a revised -0.28 in May. On a 3-month moving average basis, the CFNAI remained negative at -0.16 in June, indicating a rate of growth below the historical average trend.
Source: The Conference Board Source: Federal Reserve Bank of Chicago 8 Item: 8
49 Housing
0 200
400
600
800
1,000
1,200
1,400
1,600
1,800
2,000
2,200
2,400In Thousands of Units
Annualized Housing Starts
Multi Family Housing Starts
Single Family Housing Starts
Total housing starts fell 8.0% month-over-month in June to 1,434,000 units from a downwardly revised 1,559,000 units in May and were down 8.1% comparedto June 2022. Both single-family and multi-family construction declined. The 30-year fixed rate mortgage stabilized at an average of approximately 6.7% at June month-end according to Freddie Mac. According to the Case-Shiller 20-City Home Price Index, housing prices dropped 1.7% year-over-year in May, unchanged from April. Tight inventories and higher mortgage rates continue to impact affordability.
Source: US Department of Commerce Source: S&P
-20.0%
-16.0%
-12.0%
-8.0%
-4.0%
0.0%
4.0%
8.0%
12.0%
16.0%
20.0%
24.0%
S&P/Case-Shiller 20 City Composite Home Price Index
Recession
YOY (%) Change
9 Item: 8
50 Survey Based Measures
40 45
50 55
60 65
70 Institute of Supply Management (ISM) Surveys
ISM Manufacturing ISM Services
EXPANDING
CONTRACTING
The Institute for Supply Management (ISM) manufacturing index fell to 46.0 in June from 46.9 in May. This is the eighth consecutive month of readings below 50.0, which is indicative of contraction in the manufacturing sector. The Institute for Supply Management (ISM) services index rose to 53.90 in June from 50.30 in May, as new orders increased, employment rebounded, and inflation moderated. The June data reflects continued strength in the services sector.
Source: Institute for Supply Management
10 Item: 8
51 Gross Domestic Product (GDP)
Components of GDP 9/22 12/22 3/23 6/23
1.5% 0.7% 2.8% 1.1%
-1.8% 0.8% -2.2% 1.0%
2.9% 0.4% 0.6% -0.1%
0.2% 0.4% 0.4% 0.1%
0.4% 0.3% 0.5% 0.4%
3.3% 2.6% 2.0% 2.4%
State and Local (Consumption and
Gross Investment)
Personal Consumption Expenditures
Gross Private Domestic Investment
Net Exports and Imports
Federal Government Expenditures
Total
-40.0%
-30.0%
-20.0%
-10.0%
0.0%
10.0%
20.0%
30.0%
40.0%
Gross Domestic Product (GDP)
GDP QOQ % Change
GDP YOY % Change
Source: US Department of Commerce Source: US Department of Commerce According to the advance estimate, second quarter GDP growth exceeded expectations at an annualized rate of 2.4%, following 2.0% growth in the first quarter. Consumer spending on goods and services and business outlays for equipment were major drivers of growth.
The consensus estimate calls for just 0.5% growth for the third quarter and 1.5% for the full year 2023. 11 Item: 8
52 Federal Reserve
Source: Federal Reserve Source: Bloomberg
0 1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
10,000,000
Federal Reserve Balance Sheet Assets
Recession
In $ millions
As anticipated at the July meeting, the Federal Open Market Committee voted unanimouslyto raise the Federal Funds rate by 0.25% to a target range of 5.25 - 5.50%, the highest level in over 20 years. Fed Chair Powell maintained that the FOMC will remain data dependent going forward, and that theydo not anticipate a recession, leaving the option open for the possibility of additional rate hikes in the future if needed. The Fed continued to focus on achieving price stability and bringing inflation down toward their 2% policy objective. We believe the resiliency of future economic data will determine if the Federal Reserve can stay on hold for a period of time or will tighten policy further to curb inflation.
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
Effective Federal Funds Rate
Recession
Yield (%)
12 Item: 8
53 Bond Yields
Source: Bloomberg Source: Bloomberg
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
US Treasury Note Yields
2-Year
5-Year
10-Year
Yield (%)
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
US Treasury Yield Curve
Jun-23
Mar-23
Jun-22
Yield (%)
At the end of June, the 2-year Treasury yield was 194 basis points higher, and the 10-Year Treasury yield was about 82 basis points higher, year-over-year. The inversion between the 2-year Treasury yield and 10-year Treasury yield widened to -106 basis points at June month-end versus -76 basis points at May month-end. The average historical spread (since 2003) is about +130 basis points. The inversion between 3-month and 10-year Treasuries narrowedto -146 basis points in June from -176 basis points in May. The shape of the yield curve indicates that the probability of recession is increasing. 13 Item: 8
54 Section 2|SECTION |
Section 2 |
Account Profile
14 Item: 8
55 Objectives
Chandler Asset Management Performance Objective
The performance objective for the portfolio is to earn a total rate of return through a market cycle that is equal to or above the return on the benchmark index.
Investment Objectives
The investment objectives for the City of Lake Forest, in order of priority, are to provide safety to ensure the preservation of capital in the overall portfolio, provide sufficient liquidity for cash needs and earn a market rate of return consistent with the investment program.
Strategy
In order to achieve this objective, the portfolio invests in high-quality fixed income securities that comply with the investment policy and all regulations governing the funds.
As of June 30, 2023
15 Item: 8
56 Compliance As of June 30, 2023
Category Standard Comment
U.S. Treasuries No limit; 5 years max maturity Complies Federal Agencies 30% max per Agency/GSE issuer; 20% max agency callable securities; 5 years max maturity Complies Supranational Obligations "AA" rating category or higher by a NRSRO; 30% max; 10% max per issuer; 5 years max maturity; USD denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by IBRD, IFC, or IADB Complies Municipal Securities (CA, Other States) "A" rating category or better by a NRSRO; 30% max; 5% max per issuer; 5 years max maturity Complies Corporate Medium Term Notes
"A" rating category or better by a NRSRO; 30% max; 5% max per issuer; 5 years max maturity; Issued by corporations organized and operating within the U.S. or by depository institutions licensed by the U.S. or any state and operating within the U.S.
Complies
Asset-Backed, Mortgage-Backed,
Mortgage Pass-Through Securities, and
Collateralized Mortgage Obligations
"AA" rating category or better by a NRSRO; 20% max (combined); 5% max per Asset-Backed or Commercial Mortgage security issuer; 5 years max maturity; From issuers not defined in US Treasuries and Federal Agencies sections of the Authorized Investments section of the policy
Complies
Negotiable Certificates of Deposit
(NCD)
The amount of NCD insured up to the FDIC limit does not require any credit ratings; Any amount above FDIC insured limit must be issued by institutions with "A-1" short-term debt rating or better by a NRSRO; or "A" long-term rating category or better by a NRSRO; 30% max (combined with CDARS); 5% max per issuer; 5 years max maturity Complies
Certificate of Deposit Placement
Service (CDARS) 30% max (combination of Certificates of Deposit, including CDARS); 5 years max maturity Complies Time Deposits (Non-negotiable CD/TD) 20% max combined FDIC & Collateralized CD/TD; 5 years max maturity Complies Collateralized Bank Deposits Deposits with financial institutions will be collateralized with pledged securities per California Government Code Complies Banker’s Acceptances A-1 short-term debt rated or better by a NRSRO; or "A" long-term debt rating category or better by a NRSRO; 40% max; 5% max per issuer; 180 days max maturity Complies
Commercial Paper
25% max; 40% max, if the City’s investment assets under management are greater than $100 million (under a provision sunsetting on January 1, 2026); 5% max per issuer; 270 days maturity; 10% max of the outstanding commercial paper of any single issuer; Issued by an entity that meets all of the following conditions in either (a) or (b): a. (i) organized and operating within the U.S. with assets > $500 million; (ii) "A-1" rated or better by a NRSRO; (iii) "A" rating or better by a NRSRO, if issuer has debt obligations; b. (i) organized within the U.S. as a special purpose corporation, trust, or limited liability company; (ii) must have program-wide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond; (iii) rated "A-1" or better by a NRSRO
Complies
Lake Forest Consolidated
This portfolio is a consolidation of assets managed by Chandler Asset Management and assets managed internally by Client. Chandler relies on Client to provide accurate information for reporting assets and producing this compliance statement. 16 Item: 8
57 Compliance As of June 30, 2023
Category Standard Comment
Money Market Mutual Funds
20% max combined Money Market Mutual Funds and Mutual Funds; 20% max per MMMF; Meet either of the following criteria: (i) Attained highest rating by two NRSROs; or (ii) Retained an investment adviser registered or exempt from SEC registration with > 5 years experience managing MMMF with AUM >$500 million Complies
Mutual Funds
20% max combined Money Market Mutual Funds and Mutual Funds; 10% max per MF; Meet either of the following criteria: (i) Attained highest rating by two NRSROs; or (ii) Retained an investment adviser registered or exempt from SEC registration with > 5 years experience investing in securities authorized by CGC & with AUM >$500 million Complies
Local Agency Investment Fund (LAIF) Maximum amount permitted by LAIF; Not used by investment adviser Complies Local Government Investment Pools No issuer limitation for LGIP; Not used by investment adviser Complies Repurchase Agreements 1 year max maturity; 102% Collateralized; Not used by investment adviser Complies Max Per Issuer 5% max per issuer unless otherwise specified in the policy Complies Duration Approximately equal to the duration (typically +/-20%) of market benchmark Complies Maximum Maturity 5 years max maturity from date of trade settlement, unless the Governing Body has by resolution granted authority to make such an investment Complies
Lake Forest Consolidated
This portfolio is a consolidation of assets managed by Chandler Asset Management and assets managed internally by Client. Chandler relies on Client to provide accurate information for reporting assets and producing this compliance statement. 17 Item: 8
58 Portfolio Characteristics
Lake Forest Operating Reserve
06/30/23
Benchmark* Portfolio
Average Maturity (yrs) 2.64 2.10
Average Modified Duration 2.49 1.77
Average Purchase Yield n/a 4.66%
Average Market Yield 4.74% 4.80%
Average Quality** AAA AA+/Aa1
Total Market Value 139,581,730
*ICE BofA 1-5 Yr US Treasury & Agency Index
**Benchmark is a blended rating of S&P, Moody’s, and Fitch. Portfolio is S&P and Moody’s respectively.
As of June 30, 2023
18 Item: 8
59 Lake Forest Operating Reserve
Sector Distribution
ABS
6.1%
Agency
11.9%
CMO
6.0%
Corporate
16.0%
Money Market
Fund
37.9%
US Treasury
22.2%
June 30, 2023
As of June 30, 2023
19 Item: 8
60 AAA AA A <A NR
06/30/23 42.4% 37.0% 10.6% 0.0% 10.0%
Source: S&P Ratings
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
30.0%
35.0%
40.0%
45.0%
AAA AA A <A NR
06/30/23
Quality Distribution
Lake Forest Operating Reserve
As of June 30, 2023
20 Item: 8
61 Issue Name Investment Type % Portfolio
Federated Govt Obligation Money Market Fund Money Market Fund 37.88% Government of United States US Treasury 22.16%
Federal Farm Credit Bank Agency 7.46%
Federal Home Loan Mortgage Corp CMO 6.03%
Federal Home Loan Bank Agency 4.43%
New York Life Global Funding Corporate 1.42%
John Deere ABS ABS 1.17%
Toyota ABS ABS 1.06%
Wal-Mart Stores Corporate 1.06%
American Express ABS ABS 1.05%
JP Morgan ABS ABS 1.05%
Bank of America Credit Card Trust ABS 1.04%
Toronto Dominion Holdings Corporate 0.73%
Guardian Life Global Funding Corporate 0.73%
Royal Bank of Canada Corporate 0.72%
Bank of America Corp Corporate 0.72%
Morgan Stanley Corporate 0.72%
National Rural Utilities Corporate 0.72%
Deere & Company Corporate 0.72%
Toyota Motor Corp Corporate 0.72%
Metlife Inc Corporate 0.71%
Bank of New York Corporate 0.71%
Honda ABS ABS 0.71%
Northwestern Mutual Glbl Corporate 0.71%
Bank of Montreal Chicago Corporate 0.71%
Realty Income Corp Corporate 0.71%
Mass Mutual Insurance Corporate 0.71%
Florida Power and Light Corporate 0.71%
JP Morgan Chase & Co Corporate 0.70%
Duke Energy Field Services Corporate 0.69%
Public Service El & Gas Corporate 0.69%
Prologis Trust Corporate 0.65%
TOTAL 100.00%
Issuers
Lake Forest Operating Reserve – Account #11083
As of June 30, 2023
21 Item: 8
62 Portfolio Characteristics
Lake Forest Reporting
06/30/23
Portfolio
Average Maturity (yrs) 0.00
Modified Duration 0.00
Average Purchase Yield 5.19%
Average Market Yield 5.19%
Average Quality* AAA/NR
Total Market Value 45,096,808
*Portfolio is S&P and Moody’s, respectively.
As of June 30, 2023
22 Item: 8
63 Lake Forest Reporting
Sector Distribution
LAIF
0.3%
Local Gov
Investment Pool
99.7%
June 30, 2023
As of June 30, 2023
23 Item: 8
64 Issue Name Investment Type % Portfolio
CAMP Local Gov Investment Pool 99.21%
Orange County Investment Pool Local Gov Investment Pool 0.48% Local Agency Investment Fund LAIF 0.31%
TOTAL 100.00%
Issuers
Lake Forest Reporting – Account #11084
As of June 30, 2023
24 Item: 8
65 SECTION |
Section 3 |
Consolidated Information
25 Item: 8
66 Portfolio Characteristics
Lake Forest Consolidated
06/30/23
Portfolio
Average Maturity (yrs) 1.59
Modified Duration 1.34
Average Purchase Yield 4.79%
Average Market Yield 4.90%
Average Quality* AAA/Aa1
Total Market Value 184,678,538
* Portfolio is S&P and Moody’s respectively.
As of June 30, 2023
26 Item: 8
67 Lake Forest Consolidated
Sector Distribution
ABS
4.6%
Agency
9.0%
CMO
4.6%
Corporate
12.1%
LAIF
0.1%
Local Gov
Investment Pool
24.3%
Money Market
Fund
28.6%
US Treasury
16.8%
June 30, 2023
As of June 30, 2023
27 Item: 8
68 SECTION |
Section 4 |
Portfolio Holdings
28 Item: 8
69 Holdings Report
Lake Forest Operating Reserve - Account #11083
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
ABS
47800AAC4 John Deere Owner Trust 2022-B A3
3.740% Due 02/16/2027
1,175,000.00 06/13/2023
5.34%
1,145,533.21
1,146,016.27
97.15 5.73%
1,141,564.20
1,953.11
0.82%
(4,452.07)
Aaa / NR
AAA
3.64 1.46
43815JAC7 Honda Auto Receivables Owner 2023-1 A3
5.040% Due 04/21/2027
1,000,000.00 06/20/2023
5.19%
998,046.88
998,063.88
99.35 5.43%
993,524.00
1,400.00
0.71%
(4,539.88)
Aaa / NR
AAA
3.81 1.92
02582JJT8 American Express Credit Trust 2022-2 A
3.390% Due 05/17/2027
930,000.00 06/12/2023
5.09%
901,954.69
902,634.82
96.51 5.43%
897,504.87
1,401.20
0.64%
(5,129.95)
NR / AAA
AAA
3.88 1.75
161571HS6 Chase Issuance Trust 22-A1 A
3.970% Due 09/15/2027
1,500,000.00 06/05/2023
4.85%
1,473,046.88
1,473,824.37
97.42 5.27%
1,461,360.00
2,646.67
1.05%
(12,464.37)
NR / AAA
AAA
4.21 2.05
89239HAD0 Toyota Auto Receivables Owner 20222-D A3
5.300% Due 09/15/2027
1,480,000.00 06/12/2023
5.07%
1,488,093.75
1,487,964.68
99.88 5.42%
1,478,163.32
3,486.22
1.06%
(9,801.36)
Aaa / NR
AAA
4.21 1.93
05522RDE5 Bank of America Credit Card Tr 2022-A1 A1
3.530% Due 11/15/2027
1,500,000.00 06/06/2023
5.03%
1,458,222.66
1,459,524.66
96.57 5.45%
1,448,557.50
2,353.33
1.04%
(10,967.16)
Aaa / NR
AAA
4.38 1.83
477920AC6 John Deere Owner Trust 2023-B A3
5.180% Due 03/15/2028
485,000.00 06/21/2023
5.24%
484,919.10
484,919.28
99.83 5.31%
484,173.08
209.36
0.35%
(746.20)
Aaa / NR
AAA
4.71 2.32
02582JJZ4 American Express Credit Trust 2023-1 A
4.870% Due 05/15/2028
570,000.00 06/07/2023
4.92%
569,949.44
569,950.25
99.41 5.15%
566,635.29
1,310.84
0.41%
(3,314.96)
NR / AAA
AAA
4.88 2.60
TOTAL ABS 8,640,000.00 5.08%
8,519,766.61
8,522,898.21 5.42%
8,471,482.26
14,760.73
6.08%
(51,415.95)
Aaa / AAA
AAA
4.16 1.92
Agency
3130AV5N8 FHLB Note
5.000% Due 12/13/2024
3,500,000.00 06/28/2023
5.13%
3,493,735.00
3,493,746.78
99.57 5.31%
3,484,876.50
8,750.00
2.50%
(8,870.28)
Aaa / AA+
AAA
1.46 1.38
3130AWER7 FHLB Note
4.625% Due 06/06/2025
2,700,000.00 06/09/2023
4.67%
2,697,759.00
2,697,817.73
99.28 5.02%
2,680,638.30
6,590.63
1.93%
(17,179.43)
Aaa / AA+
NR
1.94 1.82
3133EPMB8 FFCB Note
4.125% Due 12/08/2025
3,500,000.00 06/08/2023
4.39%
3,478,545.00
3,479,061.99
98.51 4.78%
3,447,692.50
9,223.96
2.48%
(31,369.49)
Aaa / AA+
NR
2.44 2.28
3133EPNG6 FFCB Note
4.375% Due 06/23/2026
3,500,000.00 06/20/2023
4.39%
3,498,145.00
3,498,158.54
99.67 4.49%
3,488,383.50
3,402.78
2.50%
(9,775.04)
Aaa / AA+
NR
2.98 2.76
3133EPNH4 FFCB Note
3.875% Due 06/21/2028
3,500,000.00 06/21/2023
4.06%
3,470,831.00
3,470,958.86
98.71 4.17%
3,454,682.00
3,767.36
2.48%
(16,276.86)
Aaa / AA+
AA+
4.98 4.47
TOTAL Agency 16,700,000.00 4.52%
16,639,015.00
16,639,743.90 4.74%
16,556,272.80
31,734.73
11.88%
(83,471.10)
Aaa / AA+
AAA
2.80 2.58
As of June 30, 2023
29 Item: 8
70 Holdings Report
Lake Forest Operating Reserve - Account #11083
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
CMO
3137BVZ82 FHLMC K063
3.430% Due 01/25/2027
2,500,000.00 06/06/2023
4.47%
2,415,429.69
2,416,832.82
95.56 4.82%
2,388,897.50
7,145.83
1.72%
(27,935.32)
NR / NR
AAA
3.58 3.14
3137FCLD4 FHLMC K071 A2
3.286% Due 11/25/2027
1,300,000.00 06/07/2023
4.41%
1,240,281.25
1,241,123.39
94.58 4.66%
1,229,481.50
3,559.83
0.88%
(11,641.89)
NR / NR
AAA
4.41 3.95
3137FETN0 FHLMC K073 A2
3.350% Due 01/25/2028
2,500,000.00 06/06/2023
4.35%
2,403,027.34
2,404,288.96
94.79 4.64%
2,369,687.50
1,395.83
1.70%
(34,601.46)
NR / NR
AAA
4.58 4.05
3137FGR31 FHLMC K078 A2
3.854% Due 06/25/2028
2,500,000.00 06/22/2023
4.42%
2,443,261.72
2,443,386.08
96.86 4.56%
2,421,445.00
1,605.83
1.74%
(21,941.08)
NR / NR
AAA
4.99 4.31
TOTAL CMO 8,800,000.00 4.41%
8,502,000.00
8,505,631.25 4.67%
8,409,511.50
13,707.32
6.03%
(96,119.75)
NR / NR
AAA
4.39 3.85
Corporate
06368LGU4 Bank of Montreal Note
5.200% Due 12/12/2024
1,000,000.00 06/20/2023
5.62%
994,080.00
994,178.85
99.16 5.81%
991,632.00
2,744.44
0.71%
(2,546.85)
A2 / A-
AA-
1.45 1.37
89115A2K7 Toronto-Dominion Bank Note
5.103% Due 01/09/2026
1,000,000.00 06/16/2023
5.23%
996,950.00
996,982.69
99.60 5.27%
996,040.00
24,239.25
0.73%
(942.69)
A1 / A
AA-
2.53 2.28
78016FZT4 Royal Bank of Canada Note
4.875% Due 01/12/2026
1,000,000.00 06/16/2023
5.26%
990,910.00
991,007.12
98.90 5.35%
988,962.00
22,885.42
0.72%
(2,045.12)
A1 / A
AA-
2.54 2.30
63743HFH0 National Rural Utility Corp Callable Note Cont. 2/13/2026
4.450% Due 03/13/2026
1,000,000.00 06/08/2023
4.73%
992,710.00
992,847.82
98.46 5.06%
984,585.00
17,552.78
0.72%
(8,262.82)
A2 / A-
A
2.70 2.47
64952WFB4 New York Life Global Note
4.700% Due 04/02/2026
1,000,000.00 06/05/2023
4.89%
994,890.00
995,009.07
98.41 5.32%
984,119.00
11,227.78
0.71%
(10,890.07)
Aaa / AA+
AAA
2.76 2.52
57629W6F2 Mass Mutual Global funding Note
4.500% Due 04/10/2026
1,000,000.00 06/20/2023
5.12%
983,900.00
984,041.64
97.75 5.38%
977,543.00
9,875.00
0.71%
(6,498.64)
Aa3 / AA+
AA+
2.78 2.55
46647PCZ7 JP Morgan Chase & Co Callable Note Cont 4/26/2025
4.080% Due 04/26/2026
1,000,000.00 06/05/2023
5.69%
978,990.00
979,468.41
97.18 5.73%
971,765.00
7,366.67
0.70%
(7,703.41)
A1 / A-
AA-
2.82 1.71
756109BF0 Realty Income Corp Callable Note Cont 03/01/2026
4.875% Due 06/01/2026
1,000,000.00 06/07/2023
5.20%
991,130.00
991,309.36
98.90 5.29%
988,958.00
4,062.50
0.71%
(2,351.36)
A3 / A-
NR
2.92 2.67
24422EWX3 John Deere Capital Corp Note
4.750% Due 06/08/2026
1,000,000.00 06/05/2023
4.72%
1,000,940.00
1,000,920.27
99.81 4.82%
998,130.00
3,034.72
0.72%
(2,790.27)
A2 / A
A+
2.94 2.70
58989V2F0 Met Tower Global Funding Note
5.400% Due 06/20/2026
1,000,000.00 06/12/2023
5.38%
1,000,440.00
1,000,435.58
99.54 5.57%
995,387.00
1,650.00
0.71%
(5,048.58)
Aa3 / AA-
AA-
2.98 2.71
As of June 30, 2023
30 Item: 8
71 Holdings Report
Lake Forest Operating Reserve - Account #11083
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
61747YET8 Morgan Stanley Callable Note Cont 7/17/2025
4.679% Due 07/17/2026
1,000,000.00 06/05/2023
5.71%
989,810.00
990,025.28
98.13 5.66%
981,288.00
21,315.44
0.72%
(8,737.28)
A1 / A-
A+
3.05 1.88
06051GLA5 Bank of America Corp Callable Note Cont 7/22/2025
4.827% Due 07/22/2026
1,000,000.00 06/05/2023
5.82%
990,260.00
990,464.87
98.30 5.71%
982,957.00
21,319.25
0.72%
(7,507.87)
A1 / A-
AA-
3.06 1.89
26444HAC5 Duke Energy Florida LLC Callable Note Cont 10/15/2026
3.200% Due 01/15/2027
1,000,000.00 06/13/2023
4.65%
952,650.00
953,228.32
94.74 4.83%
947,356.00
14,755.56
0.69%
(5,872.32)
A1 / A
NR
3.55 3.24
74340XBN0 Prologis LP Callable Note Cont 2/15/2027
2.125% Due 04/15/2027
1,000,000.00 06/07/2023
4.78%
907,480.00
908,927.68
90.10 5.02%
901,021.00
4,486.11
0.65%
(7,906.68)
A3 / A
NR
3.79 3.55
06406RBQ9 Bank of NY Mellon Corp Callable Note Cont 4/26/2026
4.947% Due 04/26/2027
1,000,000.00 06/08/2023
5.43%
993,950.00
994,031.29
98.77 5.42%
987,663.00
8,932.08
0.71%
(6,368.29)
A1 / A
AA-
3.82 2.58
89236TKJ3 Toyota Motor Credit Corp Note
4.550% Due 09/20/2027
1,000,000.00 06/05/2023
4.63%
996,860.00
996,908.12
98.60 4.92%
986,031.00
12,765.28
0.72%
(10,877.12)
A1 / A+
A+
4.23 3.75
40139LBG7 Guardian Life Glob Fun Note
5.550% Due 10/28/2027
1,000,000.00 06/13/2023
5.09%
1,017,710.00
1,017,532.46
101.05
5.27%
1,010,543.00
9,712.50
0.73%
(6,989.46)
Aa1 / AA+
NR
4.33 3.77
931142FB4 Wal-Mart Stores Callable Note Cont 3/15/28
3.900% Due 04/15/2028
1,500,000.00 06/13/2023
4.39%
1,468,365.00
1,468,651.61
97.60 4.46%
1,463,940.00
11,862.50
1.06%
(4,711.61)
Aa2 / AA
AA
4.80 4.28
74456QBU9 Public Service El & Gas Callable Note Cont 02/01/28
3.700% Due 05/01/2028
1,000,000.00 06/05/2023
4.63%
959,700.00
960,240.34
95.13 4.84%
951,290.00
6,166.67
0.69%
(8,950.34)
A1 / A
NR
4.84 4.33
341081GN1 Florida Power and Light Callable Note Cont 3/15/2028
4.400% Due 05/15/2028
1,000,000.00 06/05/2023
4.62%
990,280.00
990,409.31
98.12 4.84%
981,212.00
5,255.56
0.71%
(9,197.31)
Aa2 / A+
AA-
4.88 4.31
66815L2M0 Northwestern Mutual Glbl Note
4.900% Due 06/12/2028
1,000,000.00 06/05/2023
4.85%
1,002,150.00
1,002,127.64
99.19 5.09%
991,887.00
2,586.11
0.71%
(10,240.64)
Aaa / AA+
AAA
4.96 4.33
64952WFD0 New York Life Global Note
4.900% Due 06/13/2028
1,000,000.00 06/06/2023
4.87%
1,001,450.00
1,001,435.71
99.02 5.13%
990,211.00
2,450.00
0.71%
(11,224.71)
Aaa / AA+
AAA
4.96 4.33
TOTAL Corporate 22,500,000.00 5.05%
22,195,605.00
22,200,183.44 5.20%
22,052,520.00
226,245.62
15.96%
(147,663.44)
A1 / A+
AA
3.51 3.00
As of June 30, 2023
31 Item: 8
72 Holdings Report
Lake Forest Operating Reserve - Account #11083
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
Money Market Fund
60934N807 Federated Investors Govt Oblig Fund Inst.
52,869,128.39 Various
4.70%
52,869,128.39
52,869,128.39
1.00 4.70%
52,869,128.39
0.00 37.88%
0.00 Aaa / AAA
AAA
0.00 0.00
TOTAL Money Market Fund 52,869,128.39 4.70%
52,869,128.39
52,869,128.39 4.70%
52,869,128.39
0.00 37.88%
0.00 Aaa / AAA
AAA
0.00 0.00
US Treasury
912797FH5 US Treasury Bill
4.938% Due 05/16/2024
3,500,000.00 06/06/2023
5.19%
3,334,868.06
3,334,868.06
95.28 5.19%
3,334,868.06
11,520.83
2.40%
0.00 P-1 / A-1+
F-1+
0.88 0.86
91282CGD7 US Treasury Note
4.250% Due 12/31/2024
3,500,000.00 06/13/2023
4.88%
3,467,597.66
3,468,570.88
98.60 5.23%
3,451,056.00
404.21
2.47%
(17,514.88)
Aaa / AA+
AAA
1.51 1.43
91282CHD6 US Treasury Note
4.250% Due 05/31/2025
3,500,000.00 06/05/2023
4.45%
3,486,601.56
3,487,063.58
98.74 4.94%
3,455,977.00
12,599.04
2.48%
(31,086.58)
Aaa / AA+
AAA
1.92 1.81
91282CGA3 US Treasury Note
4.000% Due 12/15/2025
3,500,000.00 06/16/2023
4.52%
3,458,027.34
3,458,535.26
98.43 4.68%
3,445,176.00
6,120.22
2.47%
(13,359.26)
Aaa / AA+
AAA
2.46 2.31
91282CHB0 US Treasury Note
3.625% Due 05/15/2026
3,500,000.00 06/05/2023
4.10%
3,454,609.38
3,455,665.96
97.56 4.54%
3,414,687.50
16,204.14
2.46%
(40,978.46)
Aaa / AA+
AAA
2.88 2.68
91282CEW7 US Treasury Note
3.250% Due 06/30/2027
3,500,000.00 06/06/2023
3.99%
3,404,160.16
3,405,710.13
96.17 4.30%
3,366,016.50
309.10
2.41%
(39,693.63)
Aaa / AA+
AAA
4.00 3.70
91282CFU0 US Treasury Note
4.125% Due 10/31/2027
3,500,000.00 06/29/2023
4.23%
3,485,234.38
3,485,243.70
99.48 4.26%
3,481,681.00
24,324.05
2.51%
(3,562.70)
Aaa / AA+
AAA
4.34 3.90
91282CHE4 US Treasury Note
3.625% Due 05/31/2028
3,500,000.00 06/05/2023
3.81%
3,470,878.91
3,471,278.71
97.81 4.12%
3,423,437.50
10,746.24
2.46%
(47,841.21)
Aaa / AA+
AAA
4.92 4.44
91282CHK0 US Treasury Note
4.000% Due 06/30/2028
3,500,000.00 06/28/2023
4.00%
3,500,273.44
3,500,273.29
99.45 4.12%
3,480,858.50
380.43
2.49%
(19,414.79)
Aaa / AA+
AAA
5.01 4.49
TOTAL US Treasury 31,500,000.00 4.35%
31,062,250.89
31,067,209.57 4.60%
30,853,758.06
82,608.26
22.16%
(213,451.51)
Aaa / AA+
AAA
3.11 2.85
TOTAL PORTFOLIO 141,009,128.39 4.66%
139,787,765.89
139,804,794.76 4.80%
139,212,673.01
369,056.66
100.00%
(592,121.75)
Aa1 / AA+
AAA
2.10 1.77
TOTAL MARKET VALUE PLUS ACCRUALS 139,581,729.67
As of June 30, 2023
32 Item: 8
73 Holdings Report
Lake Forest Reporting - Account #11084
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
LAIF
90LAIF$00 Local Agency Investment Fund State Pool
137,589.42 06/30/2023
3.26%
137,589.42
137,589.42
1.00 3.26%
137,589.42
12.29 0.31%
0.00 NR / NR
NR
0.00 0.00
TOTAL LAIF 137,589.42 3.26%
137,589.42
137,589.42 3.26%
137,589.42
12.29 0.31%
0.00 NR / NR
NR
0.00 0.00
Local Gov Investment Pool
900CIP$00 Orange County Investment Pool
218,258.58 Various
3.50%
218,258.58
218,258.58
1.00 3.50%
218,258.58
302.69
0.48%
0.00 NR / NR
NR
0.00 0.00
90CAMP$00 California Asset Mgmt Program CAMP
44,740,645.05 Various
5.20%
44,740,645.05
44,740,645.05
1.00 5.20%
44,740,645.05
0.00 99.21%
0.00 NR / AAA
NR
0.00 0.00
TOTAL Local Gov Investment Pool 44,958,903.63 5.19% 44,958,903.63
44,958,903.63 5.19%
44,958,903.63
302.69
99.69%
0.00 NR / AAA
NR
0.00 0.00
TOTAL PORTFOLIO 45,096,493.05 5.19%
45,096,493.05
45,096,493.05 5.19%
45,096,493.05
314.98
100.00%
0.00 NR / AAA
NR
0.00 0.00
TOTAL MARKET VALUE PLUS ACCRUALS 45,096,808.03
As of June 30, 2023
33 Item: 8
74 SECTION |
Section 5 |
Transactions
34 Item: 8
75 Transaction Ledger
Lake Forest Operating Reserve - Account #11083
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 06/06/2023 91282CHB0 3,500,000.00 US Treasury Note
3.625% Due: 05/15/2026
98.703 4.10% 3,454,609.38 7,584.92 3,462,194.30 0.00
Purchase 06/06/2023 91282CHD6 3,500,000.00 US Treasury Note
4.25% Due: 05/31/2025
99.617 4.45% 3,486,601.56 2,438.52 3,489,040.08 0.00
Purchase 06/06/2023 91282CHE4 3,500,000.00 US Treasury Note
3.625% Due: 05/31/2028
99.168 3.81% 3,470,878.91 2,079.92 3,472,958.83 0.00
Purchase 06/07/2023 06051GLA5 1,000,000.00 Bank of America Corp Callable Note Cont 7/22/2025
4.827% Due: 07/22/2026
99.026 5.82% 990,260.00 18,101.25 1,008,361.25 0.00
Purchase 06/07/2023 161571HS6 1,500,000.00 Chase Issuance Trust 22-A1 A
3.97% Due: 09/15/2027
98.203 4.85% 1,473,046.88 3,639.17 1,476,686.05 0.00
Purchase 06/07/2023 341081GN1 1,000,000.00 Florida Power and Light Callable Note Cont 3/15/2028
4.4% Due: 05/15/2028
99.028 4.62% 990,280.00 2,322.22 992,602.22 0.00
Purchase 06/07/2023 46647PCZ7 1,000,000.00 JP Morgan Chase & Co Callable Note Cont 4/26/2025
4.08% Due: 04/26/2026
97.899 5.69% 978,990.00 4,646.67 983,636.67 0.00
Purchase 06/07/2023 61747YET8 1,000,000.00 Morgan Stanley Callable Note Cont 7/17/2025
4.679% Due: 07/17/2026
98.981 5.71% 989,810.00 18,196.11 1,008,006.11 0.00
Purchase 06/07/2023 64952WFB4 1,000,000.00 New York Life Global Note
4.7% Due: 04/02/2026
99.489 4.89% 994,890.00 8,094.44 1,002,984.44 0.00
Purchase 06/07/2023 74456QBU9 1,000,000.00 Public Service El & Gas Callable Note Cont 02/01/28
3.7% Due: 05/01/2028
95.970 4.63% 959,700.00 3,700.00 963,400.00 0.00
Purchase 06/07/2023 89236TKJ3 1,000,000.00 Toyota Motor Credit Corp Note
4.55% Due: 09/20/2027
99.686 4.63% 996,860.00 9,731.94 1,006,591.94 0.00
Purchase 06/07/2023 912797FH5 3,500,000.00 US Treasury Bill
4.938% Due: 05/16/2024
95.282 5.19% 3,334,868.06 0.00 3,334,868.06 0.00
Purchase 06/07/2023 91282CEW7 3,500,000.00 US Treasury Note
3.25% Due: 06/30/2027
97.262 3.99% 3,404,160.16 49,647.79 3,453,807.95 0.00
June 5, 2023 through June 30, 2023
As of June 30, 2023
35 Item: 8
76 Transaction Ledger
Lake Forest Operating Reserve - Account #11083
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
Purchase 06/08/2023 05522RDE5 1,500,000.00 Bank of America Credit Card Tr 2022-A1 A1
3.53% Due: 11/15/2027
97.215 5.03% 1,458,222.66 3,382.92 1,461,605.58 0.00
Purchase 06/08/2023 24422EWX3 1,000,000.00 John Deere Capital Corp Note
4.75% Due: 06/08/2026
100.094 4.72% 1,000,940.00 0.00 1,000,940.00 0.00
Purchase 06/08/2023 3137FCLD4 1,300,000.00 FHLMC K071 A2
3.286% Due: 11/25/2027
95.406 4.41% 1,240,281.25 830.63 1,241,111.88 0.00
Purchase 06/09/2023 3133EPMB8 3,500,000.00 FFCB Note
4.125% Due: 12/08/2025
99.387 4.39% 3,478,545.00 401.04 3,478,946.04 0.00
Purchase 06/09/2023 3137BVZ82 2,500,000.00 FHLMC K063
3.43% Due: 01/25/2027
96.617 4.47% 2,415,429.69 1,905.56 2,417,335.25 0.00
Purchase 06/09/2023 3137FETN0 2,500,000.00 FHLMC K073 A2
3.35% Due: 01/25/2028
96.121 4.35% 2,403,027.34 1,861.11 2,404,888.45 0.00
Purchase 06/09/2023 74340XBN0 1,000,000.00 Prologis LP Callable Note Cont 2/15/2027
2.125% Due: 04/15/2027
90.748 4.78% 907,480.00 3,187.50 910,667.50 0.00
Purchase 06/09/2023 756109BF0 1,000,000.00 Realty Income Corp Callable Note Cont 03/01/2026
4.875% Due: 06/01/2026
99.113 5.20% 991,130.00 1,083.33 992,213.33 0.00
Purchase 06/12/2023 06406RBQ9 1,000,000.00 Bank of NY Mellon Corp Callable Note Cont 4/26/2026
4.947% Due: 04/26/2027
99.395 5.43% 993,950.00 6,321.17 1,000,271.17 0.00
Purchase 06/12/2023 3130AWER7 2,700,000.00 FHLB Note
4.625% Due: 06/06/2025
99.917 4.67% 2,697,759.00 0.00 2,697,759.00 0.00
Purchase 06/12/2023 63743HFH0 1,000,000.00 National Rural Utility Corp Callable Note Cont. 2/13/2026
4.45% Due: 03/13/2026
99.271 4.73% 992,710.00 15,204.17 1,007,914.17 0.00
Purchase 06/12/2023 66815L2M0 1,000,000.00 Northwestern Mutual Glbl Note
4.9% Due: 06/12/2028
100.215 4.85% 1,002,150.00 0.00 1,002,150.00 0.00
Purchase 06/13/2023 64952WFD0 1,000,000.00 New York Life Global Note
4.9% Due: 06/13/2028
100.145 4.87% 1,001,450.00 0.00 1,001,450.00 0.00
Purchase 06/14/2023 02582JJT8 930,000.00 American Express Credit Trust 2022-2 A
3.39% Due: 05/17/2027
96.984 5.09% 901,954.69 2,539.68 904,494.37 0.00
Purchase 06/14/2023 02582JJZ4 570,000.00 American Express Credit Trust 2023-1 A
4.87% Due: 05/15/2028
99.991 4.92% 569,949.44 0.00 569,949.44 0.00
June 5, 2023 through June 30, 2023
As of June 30, 2023
36 Item: 8
77 Transaction Ledger
Lake Forest Operating Reserve - Account #11083
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
Purchase 06/14/2023 89239HAD0 1,480,000.00 Toyota Auto Receivables Owner 20222-D A3
5.3% Due: 09/15/2027
100.547 5.07% 1,488,093.75 6,318.78 1,494,412.53 0.00
Purchase 06/14/2023 91282CGD7 3,500,000.00 US Treasury Note
4.25% Due: 12/31/2024
99.074 4.88% 3,467,597.66 67,800.41 3,535,398.07 0.00
Purchase 06/15/2023 26444HAC5 1,000,000.00 Duke Energy Florida LLC Callable Note Cont 10/15/2026
3.2% Due: 01/15/2027
95.265 4.65% 952,650.00 13,333.33 965,983.33 0.00
Purchase 06/15/2023 40139LBG7 1,000,000.00 Guardian Life Glob Fun Note
5.55% Due: 10/28/2027
101.771 5.09% 1,017,710.00 7,245.83 1,024,955.83 0.00
Purchase 06/15/2023 47800AAC4 1,175,000.00 John Deere Owner Trust 2022-B A3
3.74% Due: 02/16/2027
97.492 5.34% 1,145,533.21 0.00 1,145,533.21 0.00
Purchase 06/15/2023 931142FB4 1,500,000.00 Wal-Mart Stores Callable Note Cont 3/15/28
3.9% Due: 04/15/2028
97.891 4.39% 1,468,365.00 9,262.50 1,477,627.50 0.00
Purchase 06/20/2023 58989V2F0 1,000,000.00 Met Tower Global Funding Note
5.4% Due: 06/20/2026
100.044 5.38% 1,000,440.00 0.00 1,000,440.00 0.00
Purchase 06/20/2023 91282CGA3 3,500,000.00 US Treasury Note 4% Due: 12/15/2025
98.801 4.52% 3,458,027.34 1,912.57 3,459,939.91 0.00
Purchase 06/21/2023 78016FZT4 1,000,000.00 Royal Bank of Canada Note
4.875% Due: 01/12/2026
99.091 5.26% 990,910.00 21,531.25 1,012,441.25 0.00
Purchase 06/21/2023 89115A2K7 1,000,000.00 Toronto-Dominion Bank Note
5.103% Due: 01/09/2026
99.695 5.23% 996,950.00 22,821.75 1,019,771.75 0.00
Purchase 06/22/2023 06368LGU4 1,000,000.00 Bank of Montreal Note
5.2% Due: 12/12/2024
99.408 5.62% 994,080.00 1,444.44 995,524.44 0.00
Purchase 06/22/2023 43815JAC7 1,000,000.00 Honda Auto Receivables Owner 2023-1 A3
5.04% Due: 04/21/2027
99.805 5.19% 998,046.88 140.00 998,186.88 0.00
Purchase 06/22/2023 57629W6F2 1,000,000.00 Mass Mutual Global funding Note
4.5% Due: 04/10/2026
98.390 5.12% 983,900.00 8,750.00 992,650.00 0.00
Purchase 06/23/2023 3133EPNG6 3,500,000.00 FFCB Note
4.375% Due: 06/23/2026
99.947 4.39% 3,498,145.00 0.00 3,498,145.00 0.00
Purchase 06/23/2023 3133EPNH4 3,500,000.00 FFCB Note
3.875% Due: 06/21/2028
99.167 4.06% 3,470,831.00 753.47 3,471,584.47 0.00
Purchase 06/27/2023 3137FGR31 2,500,000.00 FHLMC K078 A2
3.854% Due: 06/25/2028
97.730 4.42% 2,443,261.72 6,958.61 2,450,220.33 0.00
June 5, 2023 through June 30, 2023
As of June 30, 2023
37 Item: 8
78 Transaction Ledger
Lake Forest Operating Reserve - Account #11083
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
Purchase 06/28/2023 477920AC6 485,000.00 John Deere Owner Trust 2023-B A3
5.18% Due: 03/15/2028
99.983 5.24% 484,919.10 0.00 484,919.10 0.00
Purchase 06/30/2023 3130AV5N8 3,500,000.00 FHLB Note 5% Due: 12/13/2024
99.821 5.13% 3,493,735.00 8,263.89 3,501,998.89 0.00
Purchase 06/30/2023 91282CFU0 3,500,000.00 US Treasury Note
4.125% Due: 10/31/2027
99.578 4.23% 3,485,234.38 23,931.73 3,509,166.11 0.00
Purchase 06/30/2023 91282CHK0 3,500,000.00 US Treasury Note 4% Due: 06/30/2028
100.008 4.00% 3,500,273.44 0.00 3,500,273.44 0.00
Subtotal 88,140,000.00 86,918,637.50 367,368.62 87,286,006.12 0.00 TOTAL ACQUISITIONS 88,140,000.00 86,918,637.50 367,368.62 87,286,006.12 0.00 June 5, 2023 through June 30, 2023
As of June 30, 2023
38 Item: 8
79 Transaction Ledger
Lake Forest Reporting - Account #11084
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 06/30/2023 900CIP$00 116,934.73 Orange County Investment Pool 1.000 3.50% 116,934.73 0.00 116,934.73 0.00 Purchase 06/30/2023 90CAMP$00 191,992.85 California Asset Mgmt Program CAMP 1.000 5.20% 191,992.85 0.00 191,992.85 0.00 Subtotal 308,927.58 308,927.58 0.00 308,927.58 0.00
Security
Contribution
06/01/2023 900CIP$00 102,329.60 Orange County Investment Pool 1.000 102,329.60 0.00 102,329.60 0.00 Security
Contribution
06/01/2023 90CAMP$00 44,548,652.20 California Asset Mgmt Program CAMP 1.000 44,548,652.20 0.00 44,548,652.20 0.00 Security
Contribution
06/30/2023 90LAIF$00 137,589.42 Local Agency Investment Fund State Pool 1.000 137,589.42 0.00 137,589.42 0.00 Subtotal 44,788,571.22 44,788,571.22 0.00 44,788,571.22 0.00 TOTAL ACQUISITIONS 45,097,498.80 45,097,498.80 0.00 45,097,498.80 0.00
DISPOSITIONS
Security
Withdrawal
06/01/2023 900CIP$00 1,005.75 Orange County Investment Pool 1.000 1,005.75 0.00 1,005.75 0.00 Subtotal 1,005.75 1,005.75 0.00 1,005.75 0.00
TOTAL DISPOSITIONS 1,005.75 1,005.75 0.00 1,005.75 0.00 June 1, 2023 through June 30, 2023
As of June 30, 2023
39 Item: 8
80 Benchmark Disclosures
ICE BofA 1-5 Yr US Treasury & Agency Index
The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.
As of June 30, 2023
40 Item: 8
81 CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/15/2023
DEPARTMENT: Finance
SUBJECT:
AWARD OF CONTRACT FOR ECONOMIC CONSULTING SERVICES -
PROPERTY TAX AUDITING
RECOMMENDED ACTION(S):
1. Award a contract in the amount of $143,750 to HdL Coren and Cone for Economic Consulting Services - Property Tax Auditing.
2. Authorize the Mayor to sign and the City Clerk to attest to the agreement with HdL Coren and Cone substantially in the form attached.
EXECUTIVE SUMMARY:
The City utilizes the services of an economic consulting firm to perform property tax auditing services. Following a Request for Proposals (“RFP”) process, staff recommends awarding a new agreement to HdL Coren and Cone (“HdL CC”) to perform property tax auditing services under an initial three-year term with two optional one-year extensions (“Agreement”). The proposed Agreement also includes sufficient compensation for any contingent fee for tax revenues recovered through the audits performed by the firm (Attachment 1). Staff performed a reference check on HDL CC in accordance with the City’s Purchasing & Contracting Guidelines (“Purchasing Guidelines”), which provided favorable reviews of HDL CC’s services in other local agencies.
The proposed agreement was prepared by the Finance department and has been approved as to form by the City Attorney. The 2023-2025 Operating Budget includes sufficient funds for the services.
BACKGROUND:
Economic Consulting Services - Property Tax Auditing are currently provided by HdL CC following a competitive Request for Proposals (”RFP”) process completed in 2018. The services provided by HdL CC include research regarding property tax issues; the maintenance of a database with all properties located within Lake Forest; reports showing property tax categories; major property taxpayers; any parcels with assessment appeals pending; tracking of property Item: 9
82 transfers; and completions of new construction. The services also include parcel location verification ensuring that property taxes are properly allocated to the City and the correction of any misallocations. HdL CC provided property tax services to the City from 1991 until 2008, and then again beginning in 2013 until the current agreement began in July 2018. HdL CC’s current agreement expired on July 19, 2023.
DISCUSSION:
Staff initiated a competitive procurement process to solicit proposals for Economic Consulting Services - Property Tax Auditing for a three-year term with two optional one-year extensions in May 2023. The solicitation was posted on OpenGov, the City’s electronic procurement management system. The RFP received 226 public views and five firms downloaded all the files associated with the procurement. Three firms elected to “follow” the project through the OpenGov system. Only one firm, HDL CC, elected to submit a proposal, which is not unusual considering the niche nature of the services being requested.
Pursuant to the Purchasing Guidelines, a selection committee comprised of the Director of Finance, Economic Development Manager, and Management Assistant in Finance reviewed the proposal. HdL CC met the minimum scoring criteria on the technical proposal review and participated in a qualifications interview. Tables 1 and 2 below reflect the scores at the completion of the selection process.
Table 1: Technical Review Phase Scoring
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Total Score
(Max Score
100)
HdL Coren &
Cone
84 88.5 89 87.17
Table 2: Interview and Costing Review
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Total Score
(Max Score
200)
HdL Coren &
Cone
168 179.2 187.2 178.13
At the conclusion of the selection process, staff reviewed the cost proposal from HdL CC. Table 3 shows the total cost for the recommended firm. The fees Item: 9
83 proposed by HdL CC are $5,312.50 per quarter as a base fixed fee, based on the number of parcels within Lake Forest (29,031). The total cost per year would be approximately $21,250. In addition to the base fixed fee, the cost of services includes a contingent fee of 25% of net tax revenues recovered for the City through audits performed over the period allowable by State statute. Net tax revenues mean the taxes received by the City through the firm’s audit efforts.
Table 3: Compensation Costs of Proposed Agreement
Firm Year 1 Year 2 Year 3 Year 4
(Optional)
Year 5
(Optional)
Contingent
Fee (% of Net
Tax
Revenues)
HdL CC $21,250 $21,250 $21,250 $21,250 $21,250 25%
HdL CC performs audit services to ensure the City is receiving all property tax within the city jurisdiction. Additionally, the firm offers a self-service web portal which allows staff to review and report on City data. The services that set HdL CC apart is the unlimited on-going consulting services to advise the City during the year on any property tax questions and issue and updates of pending legislation. Additionally, HdL CC provides the City a comprehensive annual report on several facets of property tax specific to Lake Forest. The additional consulting services will ensure City staff are well versed in property tax issues in the city.
Founded in 1992, HdL CC developed the first computer software in California for tracking county, city, and special district property tax revenues and was the first in the state to go beyond using parcel data for allocation audits. HdL CC maintains property tax data for 44 California counties, including all agencies within those counties. The size of this database and its sophisticated computer system makes HdL CC uniquely qualified to provide comprehensive property tax analysis services. In total Hdl CC provides ongoing services to over 260 California agencies and maintains data for Orange County back to 1992.
Staff recommends awarding the proposed Agreement to HdL CC with a total compensation of $143,750 for a three-year term and with two optional one-year extensions (Attachment 1). The proposed compensation amount includes the base fixed annual fee for auditing services, an additional $25,000 each year to cover any potential contingent fees resulting from revenue discovered during the auditing process, and $5,000 for any additional services requested by the City and to be charged based on hourly rates. Table 4 contains the breakdown of the total compensation under the proposed Agreement.
Item: 9
84 Table 4: Proposed Agreement Compensation
Compensation Item Year 1 Year 2 Year 3 Total
Base Fixed Fee
($5,312.50 charged quarterly) $21,250 $21,250 $21,250 $63,750 Contingent Fee No-to-exceed
Amount
(25% of net revenues recovered for
the City through audits)
$25,000 $25,000 $25,000 $75,000
Additional Services
(Charged using Hourly Rates) $5,000
Total Compensation $143,750
Per the Purchasing Guidelines, the City Manager may approve contracts that do not exceed $50,000 per year following a formal RFP procurement process.
However, as only one proposal was received, staff is seeking direction from the City Council to approve the recommended action to award an agreement when only one proposal was received following a formal procurement. The Agreement was prepared by the Finance Department and approved by the City Attorney as to form.
Staff conducted a reference check (Attachment 2) with other local agencies that have contracted with HdL CC economic consulting and property tax auditing services. Staff found the reference check to be positive and to support staff’s recommendation to award the proposed Agreement to HdL CC.
FISCAL IMPACT:
The proposed Agreement includes a total compensation amount of $143,750. Of the total compensation, $21,750 would be spent annually to cover fixed-fee costs and the remaining compensation would be spent on a contingent fee basis if revenues are discovered or additional services are consumed by the City. The term of the Agreement is for three years with two optional one-year extensions.
Sufficient funds are included in the 2023-2025 Operating Budget to cover the costs of the recommended action.
ATTACHMENTS:
1. Professional Services Agreement with HdL Coren & Cone for Economic Consulting Services - Property Tax Auditing
2. Reference Check
Item: 9
85 Initiated By: Nidia Ruelas, Senior Management Analyst Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
Item: 9
86 ATTACHMENT 1
Item: 9
87 (BB&K 2019)
55136.00200\31918793.1 -1-
CITY OF LAKE FOREST
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California, 92630 ("City") and HdL Coren & Cone , a California corporation, with its principal place of business at 120 S. State College Blvd., Suite 200, Brea, CA 92821 ("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 property tax auditing and reporting economic consulting services required by the City on the terms and conditions set forth in this Agreement. Consu ltant represents that it is experienced in providing professional property tax auditing and reporting economic 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 e ngage Consultant to render such professional property tax auditing and reporting economic consulting services for the Economic Consulting Services – Property Tax Auditing 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 property tax auditing and rep orting economic 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 w ith, 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 August 16, 2023 to August 15, 2026, 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 (2) additional one-year terms. Consultant shall complete the Services within the term of thi s Agreement, and shall meet any other established schedules and deadlines.
DocuSign Envelope ID: 6A7F9CAF-A277-40DA-B164-D8FE9BC5BA3B Item: 9
88 (BB&K 2019)
55136.00200\31918793.1 -2-
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 direc tion 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 Servi ces 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 pers onnel 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 det ermined 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: Nichole Cone, CFO.
DocuSign Envelope ID: 6A7F9CAF-A277-40DA-B164-D8FE9BC5BA3B Item: 9
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55136.00200\31918793.1 -3-
3.2.5 City's Representative. The City hereby designates Kevin Shirah, Director of Finance/ City Treasurer, 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.
3.2.6 Consultant's Representative. Consultant hereby designates Nichole Cone, CFO, 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 profess ionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficien t skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal la ws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its offic ials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions DocuSign Envelope ID: 6A7F9CAF-A277-40DA-B164-D8FE9BC5BA3B Item: 9
90 (BB&K 2019)
55136.00200\31918793.1 -4-
of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shal l not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the s ame policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encounter ed at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services includin g, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in Section 3.2.12.2 of this Agreement, Consultant must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Lake Forest Local Implementation Plan (“LIP”) and the applicable Water Quality Management Plan (“WQMP”). The DAMP contains requirements related to design and construction of public projects. Consultant must be familiar the DAMP, and the LIP and comply with the requirements as specified therein.
A copy of the DAMP is available on the internet at:
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https://media.ocgov.com/gov/pw/watersheds/documents/damp/default.asp A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/depts/pw/water/local_implementation_plan_%28lip%29.asp More information on the applicable WQMP is available on the internet at:
http://www.lakeforestca.gov/depts/pw/water/water_quality_management_plan_(wqmp).asp
3.2.12.4 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulation s, and ordinances listed in Sections 3.2.12.2 and 3.2.12.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its official s, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or po licy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing th e Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred forty -three thousand seven hundred fifty dollars ($143,750) 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 m anner set forth in this Agreement.
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3.3.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since th e initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City 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.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to exe cute 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. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 177 6, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsul tants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registratio n and labor compliance requirements, including the DocuSign Envelope ID: 6A7F9CAF-A277-40DA-B164-D8FE9BC5BA3B Item: 9
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submission of payroll records directly to the DIR.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date the reof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation . Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Ag reement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: HdL Coren & Cone
120 S State College Blvd, Suite 200
Brea, CA 92821
ATTN: Nichole Cone, CFO
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its DocuSign Envelope ID: 6A7F9CAF-A277-40DA-B164-D8FE9BC5BA3B Item: 9
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applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.2 Ownership of Materials and Confidentiality.
3.6.2.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of 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 Co nsultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer 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.
3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.3 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, DocuSign Envelope ID: 6A7F9CAF-A277-40DA-B164-D8FE9BC5BA3B Item: 9
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appropriate or convenient to attain the purposes of this Agreement.
3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.6.5 Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons , including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional ” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.6.8 Time of Essence. Time is of the ess ence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or 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, DocuSign Envelope ID: 6A7F9CAF-A277-40DA-B164-D8FE9BC5BA3B Item: 9
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hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed cale ndar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third -Party Benefici aries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. 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 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.
3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it DocuSign Envelope ID: 6A7F9CAF-A277-40DA-B164-D8FE9BC5BA3B Item: 9
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is aware of the provisions of Section 3700 of the California L abor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subc ontract 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 HDL COREN & CONE
By:
[AUTHORIZED CITY SIGNATURE]
By:
[VENDOR SIGNATURE 1]
Doug Cirbo
Mayor
Paula Cone
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:
By:
[VENDOR SIGNATURE 2]
Nichole Cone-Morishita
Chief Financial Officer
By:
[CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
APPROVED AS TO FORM:
By:
[CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
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Exhibit “A”-1
EXHIBIT "A"
SCOPE OF SERVICES
As directed by the City, the Firm will provide the City with consulting and auditing services related to Property Tax. In particular, the selected Firm shall perform the following services:
1. Represent the City for the purpose of examining records pertaining to property taxes to identify and confirm errors or omissions that may be resulting in deficient payments to the City.
2. Perform an analysis of the County Assessor Rolls to identify all parcels on secured and unsecured (if the addresses are available) tax rolls, in both the City and redevelopment project areas, and verify that parcel assessed valuations and the resulting taxes are correctly allocated to the City and appropriate Tax Rate Area. Identify any inconsistencies on the unsecured roll, such as value reductions and values reported to mailing addresses rather than situs address. This review shall include the most current tax year and any historical data for which additional revenue can still be collected.
3. Cross match parcels with City’s building permit activity and project completion information in order to track parcels which should have been reassessed due to new construction activity, provide a listing by parcel.
4. Review and reconcile, periodically, but no less than quarterly, City building permit records and Certificates of Occupancy to Supplemental Tax roll.
5. Determine whether reassessments resulting from property transfers and new construction are completed within a reasonable amount of time and if they are not, keep track and notify the appropriate parties.
6. Prepare documentation, for each error/omission identified and confirmed, to substantiate and facilitate recovery of revenue due from prior periods (plus applicable interest and penalties), file audit results with County Assessor in a timely manner, and prevent deficiencies in current and future years.
7. Monitor and analyze major property tax assessment appeals and make recommendations to City as necessary.
8. Monitor and analyze Proposition 8 parcels and make recommendations to City as necessary.
9. Provide City with access to and training on the use of Consultant’s software to analyze parcel data and/or work with City’s GIS staff to integrate property tax assessments into the City GIS database, if so desired.
10. Analyze and reconcile County Assessor assessed valuation reports with County Auditor Controller property tax allocation reports, identify and report back to City.
11. Calculate City’s share of the 1% General Tax Levy, and provide annual budget projections and quarterly updates of Secured, Unsecured, Supplemental, Property Tax DocuSign Envelope ID: 6A7F9CAF-A277-40DA-B164-D8FE9BC5BA3B Item: 9
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Exhibit “A”-2
in Lieu of Vehicle License Fees, and Miscellaneous Property Taxes (e.g. Prior Year Secured and Unsecured Collections, Penalty & Interest, Property Tax Admin Costs, Redevelopment Agency (RDA) pass through and residual distributions, etc.), including an analysis on new construction activity. The City’s Financial Management and Budgetary Policy provides for a seven-year projection period including a two-year budget projection and five-year financial forecast projection.
12. Provide City detailed analysis reports to assist staff in fiscal, economic, and community development planning, including, but not limited to: parcel listings by assessed value and by tax amounts; pre-Prop 13 assessment parcels, home sales information and property.
13. Transfers to determine market and turnover trends and impact on assessed valuation, and identifying changes due to parcel splits and combined parcels; concentration of higher property taxpayers and major property owners and taxpayer listings, listings of government owned, multiple, and absentee-owned parcels; assessments of appeal data, foreclosure and delinquency data, and non-residential new construction data; property within the City compared to redevelopment project areas by county-use code designation.
14. Generate specialized reports and reporting areas, with the ability to include ten years or more of historical data.
15. Review and analyze pending legislation and provide City with written information about its impact and whether City should take action.
16. Use parcel number information, if available, from voluntary business registration applications and cross match the parcel numbers with the unsecured tax roll to identify owners of personal property without a business license.
17. Assist the City in identifying other methods for utilizing the County Assessor Rolls and City data to ensure appropriate revenues are being collected (e.g. , construction permits, other cost of service fees, etc.).
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Exhibit “B”-1
EXHIBIT "B"
SCHEDULE OF SERVICES
The Consultant shall provide the services described in Exhibit “A” Scope of Services as directed by the City.
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Exhibit “C”-1
EXHIBIT "C"
COMPENSATION
Consultant shall be paid for services rendered in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of One Hundred Forty-Three Thousand Seven Hundred Fifty Dollars. Compensation shall be paid per the following schedule.
Year 1 Year 2 Year 3 Total
Base Fixed Fee
($5,312.50 charged quarterly) $21,250 $21,250 $21,250 $63,750 Contingent Fee Not to Exceed
Amount
(25% of net tax revenues recovered
for the City through audits)
$25,000 $25,000 $25,000 $75,000
Additional Services
(Charged using Hourly Rates) $5,000
Total Compensation $143,750
Hourly Rates for Additional Services
Hourly Rate
Partner $250
Principal $225
Programmer $200
Associate $175
Senior Analyst $125
Analyst $90
Administrative $70
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.
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Exhibit “D”-1
EXHIBIT “D”
INSURANCE REQUIREMENTS
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.11.2 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement f or 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 Liability insurance or Errors & Omissions insurance appropriate to Consultant’ s profession with 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 ex clusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
3.2.11.3 Insurance Endorsements . Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
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Exhibit “D”-2
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured 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 wr itten 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 reduc ed until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
3.2.11.5 Workers' Compensation:
(A) Cancellation: 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 Commercia l General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evide nce in compliance with these specifications to DocuSign Envelope ID: 6A7F9CAF-A277-40DA-B164-D8FE9BC5BA3B Item: 9
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Exhibit “D”-3
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.8 Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in 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 -insured retention.
3.2.11.9 Evidence of Insurance . The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each in surance 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 ext ended 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 insureds under the Consultant's policies, or the Consultant shall be responsible for causing DocuSign Envelope ID: 6A7F9CAF-A277-40DA-B164-D8FE9BC5BA3B Item: 9
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subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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ATTACHMENT 2
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Reference Check
Property Tax Auditing and Reporting Services
Director of Finance
City of Pasadena
Response
Chief Financial Officer
City of Huntington Beach
Response
Revenue Manager
City of Burbank
Response
Revenue Management Officer
City of Long Beach
Response#
1 Questions
HDL provides projection and
analysis for both General Fund
and Successor Agency. Further,
they provide as-needed support
and analysis for special
HdL provides annual property tax
audit and analysis services. This
includes a review of property
transactions, annual property tax
reports with at least quarterly
updates, and budget forecasting.
What were the services
performed?
Annual Reports, annual meeting,
questions, forecastingProperty Tax Auditing Services
projects/inquiries including
legislative impacts.
Please rate the quality of work
on a 1-5 scale (1=Poor, 2=Ok,
3=Good, 4=Very Good,
5=Excellent)
2 3
5 5 5 5 (would go higher if possible)
Were there any delays or
deviations from the vendor's
workplan?
No No No No
Yes – incredibly fast and
responsive, annual projection
meetings are thorough and
informative. Information
requested on an ad-hoc basis is
always within the requested
timeframe.
Yes – more than satisfactory,
including routine updates on
quarterly sales and major
announcements impacting prop
tax. As-needed
Did the vendor meet all
deadlines?4
5 Yes
Yes
Yes
Yes
Yes
YesWas regular communication
satisfactory?
discussions/meetings available.
1 Item: 9
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Reference Check
Property Tax Auditing and Reporting Services
Director of Finance
City of Pasadena
Chief Financial Officer
City of Huntington Beach
Revenue Manager
City of Burbank
Revenue Management Officer
City of Long Beach
How would you rate the
vendor's approach and
performance when
communicating with City
Council, Commissions,
Committees, and the general
public? Please rate external
communication on a 1-5 scale
(1=Poor, 2=Ok, 3=Good, 4=Very
Good, 5=Excellent)
I don’t think we have had them
present directly to any of these
groups, but I would not be
concerned if they did. They are
very professional and present
well to staff during our annual
meeting.
N/A, I haven’t had a need to have We have not used the vendor for HdL present to Council regarding these services, as they are used property tax but I’m sure they
would be willing to. All
for internal purposes and have
not been asked to interface6 5
communications have been with directly with City Council or any our City Manager. external parties.
However, HDL provides on-going
and excellent support to city staff
in preparation for council and
public meetings or public
documents (including responses
to inquiry).
Would you consider using this
firm for future
projects/services?
7 Yes Yes Yes
They property tax website is a
valuable tool that we use
regularly to review property
ownerships data and valuations.
They are also very responsive
Please include any additional
comments or information
regarding your experience with
the vendor in the comments.
when we have questions or seek Paula’s team is knowledgeable, Nichole Cone has always been Yes, the City of Long Beach recently released an RFP for these
services and selected HDL again.
statistical data. For example,
voters recently approved an
extension of our Library Parcel
Tax and HdL helped create some
very specific reports to identify
parcels that would be exempt
from the tax beyond a normal
property tax exempt parcel.
responsive, and consistently go very responsive to my questions above and beyond. They’re
amazing!
8 and I’ve always felt my questions
were answered.
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/15/2023
DEPARTMENT: Finance
SUBJECT:
AWARD OF CONTRACT FOR ECONOMIC CONSULTING SERVICES - SALES AND USE TAX AUDITING.
RECOMMENDED ACTION(S):
1. Award a contract in the amount of $349,520 to HdL Companies for Economic Consulting Services - Sales and Use Tax Auditing.
2. Authorize the Mayor to sign and the City Clerk to attest to the agreement with HdL Companies substantially in the form attached.
EXECUTIVE SUMMARY:
The City utilizes the services of an economic consulting firm to perform sales and use tax auditing services. Following a Request for Proposals (“RFP”) process, staff recommends awarding a new agreement to HdL Companies to perform sales and use tax auditing services under an initial three-year term with two optional one-year extensions (“Agreement”). The proposed agreement includes sufficient compensation for any contingent fee for tax revenues recovered through the audits performed by the firm (Attachment 1). HdL Companies has provided a high-quality service and met or exceeded all staff expectations in previous contract engagements.
The proposed agreement was prepared by the Finance department and has been approved as to form by the City Attorney. The 2023-2025 Operating Budget includes sufficient funds for the services.
BACKGROUND:
Sales and use tax auditing services include the verification of sales tax reporting to the State as well as providing reports to analyze sales tax trends and project revenues for budgeting purposes. These services also include quarterly updates regarding sales tax generation for every business in Lake Forest and research on an as-needed basis. These services assist in identifying sales tax trends, projecting sales tax revenue for budgetary purposes, evaluating loss of revenue from businesses closing or moving, and tracking additional revenue from new Item: 10
111
businesses. More importantly, these services also include verification that businesses identified as operating within Lake Forest are accurately reported to the State to ensure the appropriate allocation of sales tax to the City. The services have resulted in new future allocations of funds from the State once initial misallocations are corrected; therefore, the majority of costs associated with this contract have a positive fiscal impact for the City.
DISCUSSION:
Staff issued a RFP for Economic Consulting Services - Sales and Use Tax Auditing Services in May 2023. The scope of work in the RFP included services for sales and use tax audit and reporting services. Overall, staff believes the contract services proposed in the RFP will continue to improve the City’s cost recovery efforts and enhance its ability to attract new businesses. Staff’s projections show that the majority of cost will be paid by additional revenue from the recovery of unpaid taxes.
Selection Process
The following City Manager approved selection panel evaluated the submitted proposals and conducted interviews.
•Director of Finance, Finance Department
•Economic Development Manager, City Manager’s Office
•Management Assistant, Finance Department
Staff advertised the RFP on the City’s website, posted the document on OpenGov, and publicly notified firms. Five firms downloaded the RFP and two firms, MuniServices, LLC (Centerville, VA) and HdL Companies (Brea, CA), responded and provided proposals.
Proposer Evaluations
The Selection Committee evaluated the proposals based on each firm’s expertise and experience, response to the scope of work, and allocation of resources. In accordance with the City’s Purchasing Guidelines, firms must score a minimum of 60 points on the qualitative evaluation portion to advance to the interview phase of the process. Based on their respective proposals, both firms advanced to the interview round. The results of the qualitative evaluation and qualifications interview are identified in the following tables.
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Table 1: Technical Review Phase Scoring
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Total Score
(Max Score
100)
HdL
Companies
95 91 87.5 91.17
MuniServices,
LLC
70 67 67.5 68.17
Table 2: Interview and Costing Review Scoring
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Total Score
(Max Score
200)
HdL
Companies
179 178.2 175.8 177.67
MuniServices,
LLC
136.8 140.8 134.4 137.33
The selection committee ranked HdL Companies (“HdL”) higher than MuniServices both in the technical proposal review and the interview phases of the selection process. HdL demonstrated a very good understanding of the requested services. Similarly, the Selection Committee felt that HdL provided better responses to questions during the interview. Staff felt that HdL’s understanding of the City’s requests and the level of customer service reflected in its responses are more consistent with current needs.
Cost Proposals
This service is unique from other contracts in that contingency fees make up a portion of the contract amount based upon reallocation of tax revenues to the City. For example, both HdL and MuniServices charge a percentage contingency fee for all new sales and use tax revenue received by the City as a result of audit and recovery work. The audit fee also applies to a certain number of quarters subsequent to the date of correction and eligible retroactive quarters.
Staff’s analysis of the cost proposals is broken down by contingency and fee- based services in Table 3 below.
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Table 3: Comparison of Cost Proposals
Service Categories HdL MuniServices
Contingency-Based Services (Estimated Annual Cost)
Sales and Use Tax Audit Services 15% 12%
Sales and Use Tax Audit Services Estimated Subtotal
(Estimate based on $700,000 Sales and Use Tax Revenue
Received Annually)
$105,000 $84,000
Fee-Based Services (Annual Cost)
Sales and Use Tax Reporting $9,600* $7,500*
Estimated Services Annual Total $114,600* $91,500**
Estimated 3-Year Initial Term Services Total $349,520 $274,500** *Subject to annual adjustment of 2.5% in Year 2 and 2.45% in Year 3 to monthly fee of $800 (Included in 3-Year Total)
**Subject to annual CPI adjustment to quarterly software/reporting fee As noted above, the sales and use tax audit services fee is similar for both firms with the difference being the percent contingency due. Generally, while it is not possible to calculate a direct comparison between both firms, the cost categories are comparable and would result in a similar contract amount for either firm.
While the estimated cost for MuniServices is less than the estimated cost for HdL, HdL remains the prevailing firm as shown in Tables 1 and 2 above.
Reference Check
Following the evaluation process, staff conducted reference verifications for HdL with local agencies that also contract with HdL. During the reference evaluation, staff received positive feedback regarding HdL’s quality of work, professionalism, and customer service. These references cited HdL responsiveness and complete data as a reason to recommend the firm. In all instances, the reference check yielded positive feedback from HdL’s clients. Staff has attached the reference verification for the City Council’s information (Attachment 2).
Recommendation
HdL has extensive experience providing economic consulting services for sales and use tax auditing. HdL maintains the largest and most complete sales tax database in California, which provides staff with useful data that is used to project sales and use tax revenues for the budget. The proposed agreement includes a total compensation of $349,520 to include sufficient compensation for an estimated annual cost of $105,000, the monthly fee for information and reporting services, and $5,000 for additional services. Overall, staff recommends awarding a contract to HdL to provide economic consulting services for sales and use tax auditing.
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The proposed agreement was prepared by the Finance department and has been approved as to form by the City Attorney.
FISCAL IMPACT:
The cost of sales and use tax audit services is a 15% contingency fee (roughly $105,000) of the misallocated sales tax discovered and a monthly fee for information and reporting services. The grand total compensation of the agreement would be $349,520 for the three-year contract period. Sufficient funds are included in the 2023-2025 Operating Budget for Years 1 and 2 of the agreement. Staff’s projections show that the majority of cost will be paid by additional revenue from the recovery of unpaid fees or taxes.
ATTACHMENTS:
1. Professional Services Agreement with Hinderliter de Llamas and Associates for Economic Consulting Services - Sales and Use Tax Auditing
2. Reference Check
Initiated By: Nidia Ruelas, Senior Management Analyst
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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CITY OF LAKE FOREST
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California, 92630 ("City") and Hinderliter, de Llamas & Associates dba HdL Companies, a California corporation, with its principal place of business at 120 S State College Blvd., Suite 200 ("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 sales and use tax auditing and reporting economic 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 sales and use tax auditing and reporting economic 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 sales and use tax auditing and reporting economic consulting services for the Economic Consulting Services – Sales and Use Tax Auditing and Reporting 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 sales and use tax auditing and reporting economic 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 August 16, 2023 to August 15, 2026, 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 (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City a nd 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 profess ional 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 t he Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Bobby Young, Director of Client Services.
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3.2.5 City's Representative. The City hereby designates Kevin Shirah, Director of Finance/ City Treasurer, 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 a nd 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.
3.2.6 Consultant's Representative . Consultant hereby designates Andrew Nickerson, President, or his 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 Agre ement, 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 require d 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 al l costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, DocuSign Envelope ID: C146581B-75BB-4089-B33A-60FF40D81955 Item: 10
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employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but 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, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Water Quality Management and Compliance. Not Applicable.
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 THREE HUNDRED FORTY -NINE THOUSAND FIVE HUNDRED TWENTY DOLLARS ($349,520) 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 a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the inv oice 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 DocuSign Envelope ID: C146581B-75BB-4089-B33A-60FF40D81955 Item: 10
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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.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year a t the time of renewal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to exe cute 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. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 177 6, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsul tants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registratio n and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
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3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date the reof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation . Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Ag reement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Hinderliter, de Llamas & Associates (HdL Companies) 120 S. State College Blvd., Suite 200
Brea, CA 92821
ATTN: Bobby Young, Director of Client Services
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.2 Ownership of Materials and Confidentiality.
3.6.2.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of 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 & D ata which DocuSign Envelope ID: C146581B-75BB-4089-B33A-60FF40D81955 Item: 10
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were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer 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 o f 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 rad io production or other similar medium without the prior written consent of City.
3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to relea se Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall no t 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.
3.6.3 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.
3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.6.5 Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injur y 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 DocuSign Envelope ID: C146581B-75BB-4089-B33A-60FF40D81955 Item: 10
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or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional ” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties w ith respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any in terest 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.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
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3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. 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 paid nor has it agreed to pay any company or person, other than a bona fide employee w orking 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.
3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.6.19 Labor Certification. By its signature hereunder, Co nsultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall con tain a provision making them subject to all provisions stipulated in this Agreement.
CITY OF LAKE FOREST HINDERLITER, DE LLAMAS &
ASSOCIATES DBA HDL COMPANIES
By:
[AUTHORIZED CITY SIGNATURE]
By:
[VENDOR SIGNATURE 1]
Doug Cirbo
Mayor
Andrew Nickerson
President/CEO
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:
By:
[VENDOR SIGNATURE 2]
Richard Park
CFO
By:
[CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
APPROVED AS TO FORM:
By:
[CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
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Exhibit “A”-1
EXHIBIT "A"
SCOPE OF SERVICES
As directed by the City, the Firm will provide the City with auditing services related to Sales and Use Tax. In particular, the selected Firm shall perform the following services:
1. Verify California Department of Tax and Fee Administration (CDTFA) quarterly sales and use tax allocations to the City. Identify errors or omissions resulting in deficit payments to the City.
2. Prepare and submit a CDTFA-549L, Claimed Incorrect Distribution of Local Tax (or succeeding form) forms and AB990 submittals and all other requests for corrective action and revenue recovery to the appropriate parties.
3. Track and report misallocations corrected because of proposer’s efforts and remitted to the City by the CDFTA. Provide a detailed listing of all errors/omissions detected by the proposer. Information shall include:
Company Name
Account Number
Correction Status
Total number of billable quarters to the City for the account Current number of quarters billed to the City
Payment amount received by the City
Invoiced amount by the proposer
Total invoice amount
The reporting period for which the payment is related Any additional information deemed necessary by the proposer or City
4. Provide an aging report that includes all active and non-active accounts for which the proposer has received payment report
5. Define the methodology for local sales and use tax revenue recovery (the ability to accept payments by cash, check, credit card)
6. Provide on-going communication to the City concerning revenue recovery work in progress. This requirement will include:
Providing a quarterly reports of all inquiries filed on behalf of the City and the status of outstanding past inquiries filed with the CDFTA;
Notifying the City of all oral communications with the CDFTA regarding the City; Providing a copy of written communication with the CDFTA (e.g. correspondence and email) with the CDFTA regarding the City
7. Prepare petition letters and any supporting information for submittal, and include the tracking of petitions in the quarterly aging reports. Petitions shall include appeals of negative and positive fund transfers as well as appeals of CDFTA-549 allocations.
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Exhibit “A”-2
8. Prepare at a minimum, quarterly analysis of sales tax revenues, projections and adjustments on the City’s sales and use tax trends in relation to the surrounding market region, by individual business type and geographic areas specified by the City.
9. Provide sales and use tax analysis reports benchmarked to previous years. Analysis should include information on the top revenue producers, indication of revenue changes by business and economic category, identification of major businesses that influence change in the City’s tax revenue, and analysis of key businesses that grew or declined during the reporting period.
10. Provide local sales and use tax revenue and cash flow forecasting reports. Provide reports by geographical area (for example by shopping centers or areas and business districts). The proposer should have the ability to tailor reports to the City’s needs. The City’s Financial Management and Budgetary Policy provides for a seven-year projection period including a two-year budget projection and five-year financial forecast projection.
11. Provide City with specialized charts and data tables, presentation data and presenters for public meetings and events, if requested, and provide the City with business specific revenue estimates and economic development consulting. Consultant shall provide a quarterly summary of economic news that is one quarter more current than the most current sales tax data available for the City’s use in making projections;
12. Meet with designated City staff as necessary to support the City in recovering and preventing tax deficiencies. Provide support, including negotiations, for the development of a point-of sale attraction and retention strategy;
13. Coordinate corrective action with taxpayers and the CDFTA. Represent the City before State officials, boards, commissions and committees for the purpose of correcting local sales tax distribution errors. This includes representing the City before the CDFTA related to incorrect allocations of tax;
14. Attend quarterly meetings to discuss analytical reports for local sales and use. Provide charts and graphs to illustrate the data. Assign a staff member such that the City has a consistent point of contact in these discussions;
15. Provide on-going analysis, reports, legislative support and unlimited access to Consultant’s team members for sales and use tax related questions, as well as training and support for City staff;
16. Remain attentive to any future proposed changes to regulatory language in national, state and CDFTA’s laws and regulations related to the allocation of local sales tax revenues. This could include attending legislative hearings and explaining the potential effect of proposed legislation on the City;
17. Have the ability to provide data of all City local sales and use tax permits in a format compatible with the City’s computer operating system. The City will have access to local tax and pool data. At a minimum, the database will include the names, addresses, seller’s permit numbers, social security numbers or federal employer identification numbers where available, the period and tax allocation for each business, start and closeout dates;
18. Provide the data in a proprietary software system maintained by the Proposer or through a non-proprietary system. Perform monthly updates of sales tax permit registration information. In either case, the data shall be provided in a format allowing the City to DocuSign Envelope ID: C146581B-75BB-4089-B33A-60FF40D81955 Item: 10
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Exhibit “A”-3
export data into an Excel compatible format, allowing for integration of various databases; and,
19. Provide City staff with training on the use of the system. Update the data in the system each calendar quarter as soon as possible following receipt from the CDFTA. Consultant shall provide geographical data mapping capability in its proprietary system or else provide City staff with address data in a format which would allow staff to export and map data.
Section 7056 – Confidentiality Requirements
Section 7056 of the State of California Revenue and Taxation code specifically limits the disclosure of confidential taxpayer information contained in the records of the California Department of Tax and Fee Administration. This section specifies the conditions under which a CITY may authorize persons other than CITY officers and employees to examine State Sales, Use and Transactions Tax records.
The following conditions specified in Section 7056 (b), (1) of the State of California Revenue and Taxation Code are hereby made part of this agreement.
A. CONSULTANT is authorized by this Agreement to examine sales, use or transactions and use tax records of the Department of Tax and Fee Administration provided to CITY pursuant to contract under the Bradley-Burns Uniform Sales and Use Tax Law.
B. CONSULTANT is required to disclose information contained in, or derived from, those sales, use or transactions and use tax records only to an officer or employee of the CITY who is authorized by resolution to examine the information.
C. CONSULTANT is prohibited from performing consulting services for a retailer, as defined in California Revenue & Taxation Code Section 6015, during the term of this Agreement.
D. CONSULTANT is prohibited from retaining the information contained in or derived from those sales or transactions and use tax records, after this Agreement has expired.
Information obtained by examination of Department of Tax and Fee Administration records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the CITY as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and Taxation Code. The resolution shall designate the CONSULTANT as a person, authorized to examine s ales and use tax records and certify that this Agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code.
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Exhibit “B”-1
EXHIBIT "B"
SCHEDULE OF SERVICES
The Consultant shall provide the services described in Exhibit “A” Scope of Services as directed by the City.
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Exhibit “C”-1
EXHIBIT "C"
COMPENSATION
Consultant shall be paid for services in accordance with Section3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of Three Hundred Forty-Nine Thousand Five Hundred Twenty Dollars ($349,520). Compensation shall be paid per the following schedule.
Contingency-Based Services
(Estimated Annual Cost) Year 1 Year 2 Year 3 Total
Sales and Use Tax Audit Services
(% of all new sales and use tax
revenue received by the City as a
result of audit and recovery work)
15% 15% 15%
Sales and Use Tax Audit Services
Estimated Subtotal
(Estimate based on $700,000 Sales
and Use Tax Revenue Received
Annually)
$105,000 $105,000 $105,000 $315,000
Fee-Based Services (Annual Cost)
Sales and Use Tax
Reporting (Monthly) $800 $820 $840
Sales and Use Tax
Reporting (Annually) $9,600 $9,840 $10,080 $29,520
Estimated Services Annual Total $114,600 $114,840 $115,080 $344,520 Additional Services (3-Year Term,
charged using Hourly Rates) $5,000
Total Not to Exceed Compensation $349,520
Hourly Rates for Additional Services
Hourly Rate
Principal $325
Programmer $295
Senior Analyst $245
Analyst $195
Associate $150
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.
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Exhibit “D”-1
EXHIBIT “D”
INSURANCE REQUIREMENTS
3.2.11 Insurance.
3.2.11.1 Time for Compliance . Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.11.2 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agr eement, 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 insu rance 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 "occur rence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shal l specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
3.2.11.3 Insurance Endorsements . Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
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(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 shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
3.2.11.5 Workers' Compensation:
(A) Cancellation: 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 wai ve subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to DocuSign Envelope ID: C146581B-75BB-4089-B33A-60FF40D81955 Item: 10
133
(BB&K 2019)
55136.00200\31918793.1
Exhibit “D”-3
waive their right of recovery prior to a lo ss. 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 -insured retention.
3.2.11.9 Evidence of Insurance . The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision o r 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 insureds under the Consultant's policies, or the Consultant shall be responsible for causing DocuSign Envelope ID: C146581B-75BB-4089-B33A-60FF40D81955 Item: 10
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(BB&K 2019)
55136.00200\31918793.1
Exhibit “D”-4
subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
DocuSign Envelope ID: C146581B-75BB-4089-B33A-60FF40D81955 Item: 10
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ATTACHMENT 2
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Reference Check
Sales and Use Tax Auditing and Reporting Services
Assistant Finance Director Budget and Purchasing
Manager
Deputy Director - Admin
Services
Revenue Auditor
City of Orange
Response
City of Irvine
Response
City of Tustin
Response
City of Newport Beach
Response#
1 Questions
HdL provides the City with
Sales and Use tax analysis
which includes auditing
services. We have quarterly
meetings with our Sales Tax
team (there are 3 of them that
rotate). Periodically, we get
notices for additional work to
perform audits which generally
correct issues of misallocation
and have, for the most part,
generated more revenue for
the City.
Quarterly meetings, analysis of
trends , auditing for proper
inclusion/exclusion of
businesses within City
jurisdiction.
Sales and Use Tax Auditing
Services. HdL so provides
Property Tax consulting
services to the City.
What were the services
performed?
Sales and use tax
discovery (Auditing Services)
4, the materials have been
useful and informative.
Normally, the team provides
us with information on
anomalies prior to us asking
about them.
Please rate the quality of work
on a 1-5 scale (1=Poor, 2=Ok,
3=Good, 4=Very Good,
5=Excellent)
2 3
5 5 4
No. They summarize the
quarterly results, provide us
with industry trends, and have
always been able to get us
additional information or work
on additional analysis when
we’ve asked them.
Were there any delays or
deviations from the vendor's
workplan?
None No None
1 Item: 10
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Reference Check
Sales and Use Tax Auditing and Reporting Services
Assistant Finance Director Budget and Purchasing
Manager
Deputy Director - Admin
Services
Revenue Auditor
City of Orange City of Irvine City of Tustin City of Newport Beach There aren’t any set deadlines,
since it’s based on the timing
of when the data is available
from the CDTFA and when we
can get the meetings
Did the vendor meet all
deadlines?4
5 Yes Yes
Yes
Yes
Yes
scheduled with our
representative.
Was regular communication
satisfactory? Yes Yes
How would you rate the
vendor's approach and
performance when
communicating with City
Council, Commissions,
Vendor has not been asked to
communicate with these
bodies; however, staff is
always provided with
N/A. This doesn’t apply since
their work product, except for
the quarterly newsletter, is
confidential so there are very
few, if any, interactions with Committees or general public.
Council, Commissions,
Has not presented to City
Council, Commissions,6 5Committees, and the general economic reports and analysis public? Please rate external
communication on a 1-5 scale
(1=Poor, 2=Ok, 3=Good,
and has the opportunity to
discuss with our assigned
consultant. Committees, and the public.
4=Very Good, 5=Excellent)
I would say that we’ve been
happy with the services that
we’ve received from HdL since
we transitioned to them for
this type of service.
Would you consider using this
firm for future
projects/services?
7 Yes Yes Yes
2 Item: 10
138
Reference Check
Sales and Use Tax Auditing and Reporting Services
Assistant Finance Director Budget and Purchasing
Manager
Deputy Director - Admin
Services
Revenue Auditor
City of Orange City of Irvine City of Tustin City of Newport Beach The interactions have always
been positive and they have
always been able to help us
with additional analysis when
needed. In addition, we have Vendor provides a quarterly direct access to their Sales Tax meeting with Finance
web portal which helps us with Department management.
researching and reviewing
either prior information or
HdL has been very responsive
and informative on both Sales
Tax and Property Tax. They’re
a great resource to get a
different perspective on these
revenue sources.
Please include any additional
comments or information
regarding your experience
with the vendor in the
comments.
Please see above. We have
used HdL for tax consulting for
at least 15 years, if not longer.
8 details related to a particular
business.
3 Item: 10
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/15/2023
DEPARTMENT: City Manager
SUBJECT:
CONSIDERATION OF INCREASED FUNDING FOR THE CITY'S SHOP & DINE COMMUNITY GIFT CARD PROGRAM WITH YIFTEE, INC.
RECOMMENDED ACTION(S):
1. That the City Council authorize the City Manager to enter into the attached BOGO Campaign Quickstart Agreement with Yiftee, Inc. and solely include the $50 and $100 gift card options in the Shop & Dine Community Gift Card Program.
2. 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:
On October 4, 2022, the City formally authorized the Shop & Dine Community Gift Card Program (“CGCP”). The CGCP provides residents and visitors with an opportunity to buy a community gift card in increments of $50 or $100 and receive a matching gift card of the same value for free. The gift cards can only be used at Lake Forest businesses that apply and receive approval to participate in the program. The CGCP is the first major program funded in response to City Council’s approval of the Strategic Economic Investment Project (“SEIP”). The SEIP established a budget for economic development programs to help local businesses recover from the COVID-19 pandemic. The CGCP was approved with a $575,000 budget, which included $500,000 in funds to cover the costs of providing the free bonus gift cards and $65,000 to cover the costs of the fees associated with card issuance. The remaining $10,000 was paid to the Lake Forest Chamber of Commerce to provide marketing services in preparation for the launch of the program. The City is party to the Community Card Customer Agreement with Yiftee, Inc. (“Yiftee”) for the provision of electronic cards (Attachment 1). On February 21, 2023, the City Council approved an additional $565,000 towards the CGCP. Those funds are expected to be exhausted by the August 15, 2023, meeting of the City Council.
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Staff recommends the City Council exercise discretion in offering a third SEIP budget allocation to the CGCP in the amount of $565,000. If the City Council is in favor of providing a third phase of funding to the CGCP, staff recommends the City Council authorize the City Manager to enter into the attached BOGO Campaign Quickstart Agreement with Yiftee (Attachment 2). A draft resolution authorizing the budget appropriation of $565,000 to cover the costs of the third funding phase of the CGCP is also provided for City Council review (Attachment 3).
BACKGROUND:
On October 4, 2022, the City formally authorized the City’s Shop & Dine Community Gift Card Program (“CGCP”). The CGCP provides residents and visitors with an opportunity to buy a community gift card in increments of $50 or $100 and receive a matching gift card of the same value for free. The gift cards can only be used at Lake Forest businesses that apply and receive approval to participate in the program. The SEIP established a budget for economic development programs to help local businesses recover from the COVID-19 pandemic. The CGCP was approved with a $575,000 budget, which includes $500,000 in funds to cover the costs of providing the free bonus gift cards and $65,000 to cover the costs of the fees associated with card issuance. The City is party to the Community Card Customer Agreement with Yiftee for the provision of the electronic cards (Attachment 1). On February 21, 2023, the City Council approved an additional $565,000 towards the CGCP. Those funds are expected to be exhausted sometime within the next few months.
Pursuant to the CGCP, residents and visitors can buy gift cards in increments of $50 or $100. The gift cards are delivered electronically and can be used at any of the 79 participating Lake Forest businesses. The City covers the cost of the bonus card, plus the fees associated with card issuance. Table 1 below provides a breakdown of fees related to gift card issuance.
Table 1: CGCP Fees Paid to Yiftee
Fee Type Per Card Fee Amount
Fee for Issuance of Original Gift Card $1, plus 5% of card value Fee for Issuance of BOGO Gift Card $1
Yiftee is the prominent provider of community gift card services to local governments in the United States. To date, staff have been unable to find a viable alternative provider that maintains a similar service with an acceptable amount of experience. The service Yiftee provides is unique in that it restricts Item: 11
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transactions to specific point-of-sale systems located in Lake Forest. Before introducing the program to the City Council for consideration in 2022, staff worked with an ad-hoc committee of the City Council to design a program that maximized efficiency and convenience for consumers while providing staff and HdL (the City’s economic development consultant) with the data needed to track program compliance. Staff explored other program design options that could meet similar ends, such as issuing pre-paid gift cards directly through mail, issuing vendor-specific gift cards, and other methods of distributing economic support to local businesses. However, none of these alternative options provided the level of efficiency and trackability that the Yiftee system does. Since issuing over 20,000 gift cards, the City has received minimal inquiries from residents and other purchasers with customer service-related needs. HdL and Yiftee both provide direct customer service to anyone experiencing technical difficulties with their gift card purchases.
Since launching in 2022, the CGCP has provided over $2.3 million in benefits to local businesses. Local businesses include many independently owned restaurants, retailers, and service providers. Table 2 below provides performance metrics relative to the CGCP as of August 8, 2023.
Table 2: CGCP Metrics as of August 8, 2023
Description Amount
# of Enrolled Businesses 80
# of Purchased & BOGO Cards 21,752
# of BOGO Cards Issued 10,847
Value of Purchased & BOGO Cards $2,034,700
Value of Redeemed Cards $1,427,820
City Funds Expended $1,086,600
City-paid Fees to Yiftee $72,740
Balance Remaining $41,300
In conjunction with the second funding phase of the program approved on February 21, 2023, the City instituted a new vendor agreement system and established the following new rules:
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▪Only gift cards in increments of $50 and $100 can be purchased – the $25 option was eliminated.
▪A maximum of $400 in CGCP gift cards could be used for any one transaction.
▪All vendors must enter into the Program Participation Agreement as a condition of participating in the CGCP.
To date, each active vendor that participated in the initial launch of the CGCP in 2022 has signed the new Program Participation Agreement. All new vendors have also signed the new Program Participation Agreement.
DISCUSSION:
The program funds for the CGCP will be exhausted soon if they have not already by the date of this City Council meeting. As a result, staff worked to generate the necessary contract and budget resolution documents should the City Council wish to extend the program for a third phase of funding. If the City Council wishes to provide a third phase of funding, staff recommends the City Council authorize the City Manager to enter into the attached BOGO Campaign Quickstart Agreement with Yiftee (Attachment 2). A draft resolution authorizing the budget appropriation of $565,000 to cover the costs of the third funding phase of the CGCP is also provided for City Council review (Attachment 3).
Table 3 below details how providing a third phase of funding to the CGCP would impact the SEIP budget. The third column of Table 3 includes both realized and projected spending for all programs approved by the City Council, which includes the CGCP, the catalytic converter theft mitigation programs, and the Taste of Lake Forest event.
Table 3: Additional CGCP Funding Impact on SEIP Budget
SEIP Budget
Category
SEIP Budget Realized and
Projected Spending*
Budgeted
Funds
Remaining
Restaurant
Industry
$3,803,350 -$1,146,422 $2,656,928
Other Impacted
Businesses
$2,000,000 -$747,732 $1,252,268
Hotel Industry $2,500,000 - $2,500,000
Total $8,303,350 -$1,894,154 $6,409,196
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SEIP Budget
Category
SEIP Budget Realized and
Projected Spending*
Budgeted
Funds
Remaining
*Spending amounts based on realized and estimated projected expenditures for the CGCP, the Taste of Lake Forest event, and the City’s catalytic converter theft mitigation programs
The CGCP was created to provide benefits to both businesses that choose to accept the card and residents that purchase the card(s). In many cases, residents and visitors purchase gift cards and redeem them at restaurants, retailers, and other businesses that they’ve never visited before. In the short term, card redemptions provide stimulus to local businesses and offset the costs of trying new businesses for residents and visitors. The CGCP has been incredibly popular with both residents and businesses.
The City Attorney’s Office has reviewed and approved the attached BOGO Campaign Quickstart Agreement with Yiftee as to form (Attachment 2). If the City Council directs the City Manager to enter into this agreement, the City Council will also need to consider the attached budget resolution, which would appropriate $565,000 from the City’s General Fund to cover the costs of the additional funding phase (Attachment 2).
FISCAL IMPACT:
Authorizing the attached Resolution would appropriate $565,000 to the City’s General Fund in the 2023-2025 Operating Budget to cover the costs of the proposed BOGO Campaign Quickstart Agreement with Yiftee Inc.
ATTACHMENTS:
1. Community Card Customer Agreement with Yiftee, Inc. & Associated Documents
2. BOGO Campaign Quickstart Agreement with Yiftee, Inc.
3. Resolution Appropriating $565,000 for Community Gift Card Program Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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Community Card Customer Agreement
THIS AGREEMENT (the “Agreement”) is made effective as of __________, 2022 (the “Effective Date”) by and between Yiftee Inc., a Delaware corporation, with an address at 325 Sharon Park Drive #215, Menlo Park, CA 94025 (“Yiftee”) and _____________________________________ with an address at _________________________________________(“Customer”). The parties agree a follows:
1. Definitions.
1.1 “Merchant” means a merchant, prospect or other contact that may be using or desire to use Yiftee Services to redeem eGifts.
1.2 “Participant” means a Merchant who has opted to participate in a Community Card by running an Activation Card and agreeing to the Merchant Agreement.
1.3 “Yiftee Services” means Yiftee’s gift-giving platform. It is the technology foundation for Community Cards.
1.4 “Purchaser” means a person or entity that purchases or redeems eGifts.
1.5 “eGift” means a digital virtual gift voucher used as payment for goods or services at a Participant.
1.6 “Offer” or “Offers” mean specific benefits that Participants provide to consumers who use their Community Cards in their store, as determined by the Participants and posted on their eGift Card web page.
2. Merchant Enrollment.
2.1 Merchant Enrollment Obligations
(a) Customer will collect a set of Merchants who have elected to participate in the Yiftee Services.
Merchants must all be located in the same state in the USA, due to varying gift card laws by state. Each Merchant must agree to the Yiftee Community Card Merchant Agreement located on the Yiftee.com website. Merchants who have not agreed to the Merchant Agreement will not be able to utilize the Yiftee Services to redeem eGifts. Customer will upload into the Yiftee Services or provide the names of the Merchants who intend to participate to Yiftee. Upon the agreed upon launch date, the billing for the Yiftee Services will begin (“Commencement Date”). This billing will include the agreed-upon cost for each Participant or group thereof as defined in Appendix A. (b) Yiftee will provide to Customer or directly to Merchants, upon receipt of the set of Merchant names in 2.1a, a set of unique Activation Cards to be run by each Merchant. Customer will inform Merchants of their individual Activation Card and provide instructions on its use. Additionally, Customer will inform Merchants that running the Activation Card implies consent to the Merchant Agreement located on the Yiftee.com website.
(c) As Merchants run the Activation Cards, they will be included in the set of Merchants enabled to participate in the Yiftee Services, i.e. the Participants. Participant may also post their Offers to be available for eGift Card holders who redeem gifts in their stores. 100 Civic Center Dr., Lake Forest, CA 92630
City of Lake Forest
DocuSign Envelope ID: BEBEC6F7-D026-426B-9118-BA0B8330B956 October 17, 2022
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(d) Yiftee will bill Customer or Merchants as described in Appendix A. Customer can add or remove Participants and fees will be adjusted accordingly, if applicable. There will be no retroactive adjustments allowed by Yiftee (that is, a cancelled Participant’s billing obligation will result in that Participant’s cost to Customer, as defined in Appendix A, to be eliminated beginning only on the next annual billing cycle).
A Participant may be added to the list of Participants at any time (“Enrollment Time”), with billing adjustment for said Participant to begin immediately and to be included in the current month’s billing. (e) Each party shall comply with good, ethical and moral business practices and all applicable laws and regulations in engaging in any activities here under.
(f) Fees and payment terms applicable to the subject matter here under shall be as set forth in Appendix A. Customer is not entitled to compensation other than what is described in Appendix A. (g) Customer is responsible and liable for any disputes or liability arising out of its relationships with Merchants and Participants, except with respect to any liability of Yiftee under this agreement.
2.2 Yiftee Materials.
Yiftee may provide Customer with certain materials for use in conjunction with promoting the Yiftee Services here under (“Yiftee Materials”). No rights or licenses, express or implied, are granted in those Yiftee Materials or otherwise, except as expressly and unambiguously set forth in this Agreement.
2.3 Limited Licenses.
Subject to the terms and conditions of this Agreement, Yiftee hereby grants to Customer, a non- exclusive, non-transferable, non-assignable, non-sublicensable right and license to access and use the Yiftee Services and Yiftee Materials solely for the purposes of Customer’s performance of this Agreement.
2.4 Trademark License.
Subject to the terms and conditions of this Agreement, Yiftee hereby grants Customer and Customer hereby grants Yiftee a non-exclusive, non-transferable, non-assignable, non-sublicensable, royalty-free license to use Yiftee’s or Customer’s name, trade names, trademarks, service marks, and logos (collectively, a party’s “Marks”) solely in connection with Customer’s and Yiftee’s promotion and marketing of the Yiftee Services, subject to written usage guidelines, if any, made mutually available.
3. Ownership. As between the parties, Yiftee owns all right, title and interest in and to the Yiftee Services, Yiftee’s Marks and the Yiftee Materials. Customer owns all right, title and interest in and to Customer’s Marks.
4. Warranties Disclaimer. YIFTEE AND ITS LICENSORS MAKE NO WARRANTIES TO CUSTOMER,
EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING OUT OF USAGE OR TRADE, COURSE OF DEALING AND COURSE OF PERFORMANCE.
5. Liability Limitation. EXCEPT FOR LIABILITY ARISING UNDER SECTION 7, NEITHER PARTY (NOR ITS
LICENSORS) WILL BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT OR UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE
THEORY, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHATSOEVER, FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE AND IN NO EVENT SHALL EITHER PARTY’S DocuSign Envelope ID: BEBEC6F7-D026-426B-9118-BA0B8330B956 Item: 11
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LIABILITY EXCEED THE GREATER OF $500 OR THE AMOUNTS PAID AND/OR PAYABLE BY YIFTEE TO
CUSTOMER (AND/OR BY CUSTOMER TO YIFTEE, IF PAYMENTS ARE PAYABLE BY CUSTOMER TO YIFTEE IN ACCORDANCE WITH PROPOSAL) HEREUNDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
6. Term and Termination.
6.1 Term. This Agreement shall be effective as of the Effective Date and shall continue in full force on an annual period from the Effective Date, and thereafter shall automatically renew annually, unless and until either party terminates this Agreement pursuant to Section 6.2.
6.2 Termination.
(a) Either party may, at its option, terminate this Agreement upon thirty (30) days written notice to the other party for any reason or for no reason whatsoever. (b) Either party may terminate this Agreement if the other party materially breaches a term of this Agreement and fails to cure such breach within fifteen (15) days after receipt of written notice of such breach from the non-breaching party.
(c) Participants are obligated to honor all outstanding eGifts issued by Yiftee for the entire duration of those eGift's validity periods. Termination does not relieve Participants from honoring conditions outlined in the Merchant Agreement.
6.3 Effect of Termination. Upon any termination: (a) Customer shall immediately cease all promotion of the Yiftee Services and shall immediately return to Yiftee, or at the option of Yiftee, destroy, all Confidential Information (as defined below) of Yiftee disclosed to Customer, Yiftee Materials, and any Yiftee Services, hardware and software provided to Customer here under, (b) Yiftee shall immediately return to Customer, or at the option of Customer, destroy, all Confidential Information of Customer disclosed to Yiftee here under, and (c) all licenses granted under this Agreement shall immediately cease. The following Sections shall survive termination and remain in effect 1, 3, 4, 5, 6.3, 7 and 8. Any termination of this Agreement shall be without prejudice to any other rights or remedies available under this Agreement or at law.
7. Confidentiality. Because of this Agreement, the parties may have access to information that is confidential to the disclosing party (“Confidential Information”). Confidential Information shall include, without limitation, Purchaser lists and information relating to the parties’ products and pricing and all information designated as confidential by the disclosing party at the time of disclosure. A party’s Confidential Information shall not include any information which (i) becomes generally publicly available through no wrongful act or omission of the receiving party; (ii) is lawfully acquired by the receiving party from a third party without any breach of a confidentiality obligation; or (iii) is independently developed without use of or reference to the disclosing party’s Confidential Information. Each party agrees to maintain the confidentiality of the other party’s Confidential Information using the same degree of care that it uses with regard to its confidential information of like nature, but in no event less than reasonable care, and to protect as a trade secret any portion of the other party’s Confidential Information by preventing any unauthorized copying, use, distribution, installation or transfer of possession of such information. If required by law, the receiving party may disclose Confidential Information of the disclosing party, but will give adequate prior notice of such disclosure to the disclosing party to permit the disclosing party to intervene and to request protective orders or other confidential treatment therefor. The parties acknowledge that money damages will not be an adequate DocuSign Envelope ID: BEBEC6F7-D026-426B-9118-BA0B8330B956 Item: 11
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remedy if this Section 7 is breached and, therefore, either party may, in addition to any other legal or equitable remedies, seek an injunction or other equitable relief against such breach or threatened breach without the necessity of posting any bond or surety.
8. Non-solicitation
During the term of this Agreement, neither party will (on behalf of itself or any other person or entity) solicit any Purchaser or Merchant of the other party to restrict, limit, or terminate such Purchaser’s or Merchant’s participation in the other party’s products and services.
9. Miscellaneous
9.1 Choice of Law. This contract shall be governed by and construed in accordance with the laws of the State of California, without regard to the provisions of the conflict of laws thereof. The parties will resolve any disputes in the state or federal courts located in Santa Clara County, California, to whose exclusive jurisdiction and venue they irrevocably submit. Notwithstanding anything to the contrary, either party may pursue injunctive or other equitable relief in any court of competent jurisdiction.
9.2 Notices. Any notice or other communication required or permitted in this Agreement shall be in writing and shall be deemed to have been duly given on the day of service if served personally or by facsimile transmission with confirmation, or three (3) days after mailing if mailed by First Class mail, registered or certified, postage prepaid, and addressed to the respective parties at the addresses set forth above, or at such other addresses as may be specified by either party pursuant to the terms and provisions of this section.
9.3 Assignment. Customer may not assign or otherwise transfer, without the prior written consent of Yiftee, its rights, duties or obligations under this Agreement to any person or entity, in whole or in part. Yiftee may freely assign or otherwise transfer this Agreement in connection with the sale of all or substantially all of its business or assets. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
9.4 Severability. Any provision of this Agreement that is determined to be unenforceable or unlawful shall not affect the remainder of the Agreement and shall be severable therefrom, and the unenforceable or unlawful provision shall be limited or eliminated to the minimum extent necessary to that this Agreement shall otherwise remain in full force and effect and enforceable.
9.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements between them, whether written or oral, with respect to the subject matter hereof, and may not be amended, modified or provision hereof waived, except in a writing signed by the parties hereto. No waiver by either party, whether express or implied, of any provision of this Agreement, or of any breach thereof, shall constitute a continuing waiver of such provision or a breach or waiver of any other provision of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
Customer (Print): YIFTEE, INC.
By: By:
Name, Title: Name, Title: Donna Novitsky, Yiftee CEO City of Lake Forest
Debra Rose, City Manager
DocuSign Envelope ID: BEBEC6F7-D026-426B-9118-BA0B8330B956 Approved as to Form:
Best Best & Krieger LLP, City Attorney
Attest:
Lisa Berglund, City Clerk
Item: 11
149
Community Card Customer Agreement
APPENDIX A
Pricing
Customer and Participants are not required to pay Yiftee a subscription fee or a revenue share. Yiftee does not take a percentage of the cards that are redeemed in the Participants’ stores.
Charges:
Purchasers pay the face value of the card plus a $1+5% of the eGift Card value eDelivery fee at the time of purchase. Bulk purchases of one thousand dollars ($1000) or more, and enterprise accounts may qualify for a reduced eDelivery fee by depositing funds into their Yiftee eGifting accounts by check or ACH and disabling credit cards.
Participants pay Mastercard processing fees for a card-not-present (CNP) transaction upon redemption.
Yiftee does not control these fees, they are set by the Merchant Acquirer who is their credit card processor.
Subject to applicable laws, Yiftee will implement a monthly maintenance fee on eGift Cards that have been inactive (i.e. no spending on the Card) for periods of greater than 12 months. This will be made clear to cardholders on the face of the eGift Card when implemented, as is required by law.
Yiftee eGift Cards do not generally expire. Subject to applicable laws, in some cases eGift Cards given by corporations or merchants as promotions, rewards and awards may have expiration dates. In the case of eGift Cards expiring, Yiftee retains 10% of the original eGift Card value not to exceed the remaining unspent funds and refunds the balance to the purchaser’s Yiftee eGift Card account. eDelivery fees are not refunded.
Participants may choose, at their discretion, to post Offers to encourage Purchasers to use their Community Cards in their stores.
Participants may choose, at their discretion, to offer rebates as fund raisers to local groups such as schools, churches and other non-profits. Such programs are an incentive for the local groups to sell Community Cards to their members, and for the Purchasers to use them in specific stores who are offering rebates. Yiftee will work with the Participants and Purchasers to execute such programs.
No tipping is allowed on Yiftee eGift Cards.
DocuSign Envelope ID: BEBEC6F7-D026-426B-9118-BA0B8330B956 Item: 11
150
www.yiftee.com – 325 Sharon Park Drive #215, Menlo Park, CA 94025 – (650) 533-0938 Keep Local Dollars Local
Yiftee Comm Card BOGO Campaign Quickstart
(Please complete sections in orange)
Community and Campaign Name: (e.g., COVID Recovery 2021) _________________________ Contact Name: __________________________
eMail: ________________________ Phone: ________________________ Campaign Start date: ____________ Stop date: “while supplies last” or date: _________ Campaign budget: $_______________ Yiftee must receive funds by check or ACH (minimum $2500) pre-launch to pay for bonus gifts. Promotion will automatically cease when funds run out. Optional alert when balance drops to a certain level. Alert at amount: $_______ Offer description/banner copy: check A, B or C below and specify amounts. Please create a banner using this copy (760 x 100, example on pg 2).
_____ A. 50% or 100% match any value, example: Buy a card for any value $10-$125 and get a matching value bonus card. Limit X bonus cards per purchaser. Available while supplies last. Bonus cards must be used in X days. Purchased card range: $______ to $______. Match level (check one): ___ 50% or ____ 100%. Limit: ______ or none. Expires after # days: _____ or date: _________. _____ B. Total shopping cart value, example: Get a $20 bonus gift for every $80 you spend. Limit X bonus cards per purchaser. Available while supplies last. Bonus cards must be used in X days.
Get a $_____ bonus gift for every $_____ you spend. Limit: ______ or none. Expires after # days: _____ or date: __________.
_____ C. Specific price points, example: Buy $25 and get a $10 bonus gift; buy $50 and get a $20 bonus gift; buy $100 and get a $40 bonus gift. Limit X bonus cards per purchaser. Available while supplies last.
Bonus cards must be used in X days. (1-5 levels allowed, only specific price points) Buy $______, Get $_____; Buy $______, Get $_____; Buy $______, Get $_____. Limit: ______ or none. Expires after # days: _____ or date: _________.
Optional limits: You can define a limit of 1,2,3,4,5,9, or 10 bonus gifts per purchaser, or $50, $125, $300 total bonus gift value per purchaser (irrespective of recipients). Only those values are available. Limit applies to entire campaign duration, restarts for new campaigns.
Buyer $1+5% eDelivery fee: Who pays buyer eDelivery fee, ____ you or ____ buyer (check one) Bonus gift $1 eDelivery fee and customer eD fees (if elected) paid out of funds on deposit.
Refunds: Purchasers may contact [email protected] for refunds but Yiftee will retain the eDelivery fee regardless of who paid it to cover costs.
Bonus Card expiration: _____ days from card issue or a specific date: _____________. When gifts expire, Yiftee returns the unused amount to Community, less restocking fee which is the lesser of 10% of the original bonus gift value or the remaining unused amount of the gift.
Lake Forest Shop and Dine Card
Tim Campbell
[email protected]
(424) 228-8517, x. 1140
11/30/2022
While supplies last
150,000
50,000
x
25 25
50 50
100
100
2 180
x
180
DocuSign Envelope ID: CCFB85DD-8EDD-4955-9645-C036FC5AC547 Item: 11
151
www.yiftee.com – 325 Sharon Park Drive #215, Menlo Park, CA 94025 – (650) 533-0938 Keep Local Dollars Local
Bonus gift message (255 char limit, example): Thank you for purchasing _________________. Enjoy this bonus gift - designed to support our independent restaurants and retailers. To spur the economy quickly, this bonus gift will expire _____________. Make any changes you want or write a different message here, but please stay within character limit.
Bonus gift signature (25 char limit, who it is from): ____________________________________.
Campaign changes are not allowed once campaign has been launched. Yiftee requires a minimum of 48 hrs from signed Quickstart to implement; funding and banner must have been received prior to implementation. Minimum 1 week in between campaigns to avoid confusion.
Bonus gift terms: The terms including expiration, bonus value and limits (if applicable) should be clearly stated on your web site, marketing materials and in the banner on the Yiftee gift purchase page. Please submit all planned advertising of the program for Yiftee review prior to launch. We want to make sure that all restrictions and terms are clearly articulated in the material that advertises the program. Do not begin marketing prior to campaign start date. If marketing starts prior to campaign start date, Yiftee reserves the right to deliver bonus gifts to early purchasers once the campaign begins.
Required Images:
Please provide a 760x100 pixel banner that clearly states your promo language such as Gift card 300 x 200 pixels minimum:
We can use your regular card image, or you can provide something custom. We recommend not a complete change so as not to confuse merchants, but you could add a BONUS indication.
Fee for promotion: Program Fee: waived (normally $100/location) eDelivery fee: $1/gift sent, deposited in advance of campaign start by check or ACH, along with gift funds.
Restocking fees for expired bonus gifts as described above.
Accepted on behalf of Community Yiftee, Inc.
Signature ________________________________
Print____________________________________ Raquel N. López, Marketing & Communications Manager
Date_____________________________________
Receive a $25 Bonus Gift for Every $50 You Spend.
Offer expires 8/31/2020, available while supplies last. Limit 4/purchaser.
the Lake Forest Shop and Dine Card
6 months after purchase
City of Lake Forest
Debra Rose, City Manager
DocuSign Envelope ID: CCFB85DD-8EDD-4955-9645-C036FC5AC547 Item: 11
152
www.yiftee.com – 325 Sharon Park Drive #215, Menlo Park, CA 94025 – (650) 533-0938 Keep Local Dollars Local
Yiftee Comm Card BOGO Campaign Quickstart
(Please complete sections in orange)
Community and Campaign Name: (e.g., COVID Recovery 2021) _________________________ Contact Name: __________________________
eMail: ________________________ Phone: ________________________ Campaign Start date: ____________ Stop date: “while supplies last” or date: _________ Campaign budget: $_______________ Yiftee must receive funds by check or ACH (minimum $2500) pre-launch to pay for bonus gifts. Promotion will automatically cease when funds run out. Optional alert when balance drops to a certain level. Alert at amount: $_______ Offer description/banner copy: check A, B or C below and specify amounts. Please create a banner using this copy (760 x 100, example on pg 2).
_____ A. 50% or 100% match any value, example: Buy a card for any value $10-$125 and get a matching value bonus card. Limit X bonus cards per purchaser. Available while supplies last. Bonus cards must be used in X days. Purchased card range: $______ to $______. Match level (check one): ___ 50% or ____ 100%. Limit: ______ or none. Expires after # days: _____ or date: _________. _____ B. Total shopping cart value, example: Get a $20 bonus gift for every $80 you spend. Limit X bonus cards per purchaser. Available while supplies last. Bonus cards must be used in X days.
Get a $_____ bonus gift for every $_____ you spend. Limit: ______ or none. Expires after # days: _____ or date: __________.
_____ C. Specific price points, example: Buy $25 and get a $10 bonus gift; buy $50 and get a $20 bonus gift; buy $100 and get a $40 bonus gift. Limit X bonus cards per purchaser. Available while supplies last.
Bonus cards must be used in X days. (1-5 levels allowed, only specific price points) Buy $______, Get $_____; Buy $______, Get $_____; Buy $______, Get $_____. Limit: ______ or none. Expires after # days: _____ or date: _________.
Optional limits: You can define a limit of 1,2,3,4,5,9, or 10 bonus gifts per purchaser, or $50, $125, $300 total bonus gift value per purchaser (irrespective of recipients). Only those values are available. Limit applies to entire campaign duration, restarts for new campaigns.
Buyer $1+5% eDelivery fee: Who pays buyer eDelivery fee, ____ you or ____ buyer (check one) Bonus gift $1 eDelivery fee and customer eD fees (if elected) paid out of funds on deposit.
Refunds: Purchasers may contact [email protected] for refunds but Yiftee will retain the eDelivery fee regardless of who paid it to cover costs.
Bonus Card expiration: _____ days from card issue or a specific date: _____________. When gifts expire, Yiftee returns the unused amount to Community, less restocking fee which is the lesser of 10% of the original bonus gift value or the remaining unused amount of the gift.
Lake Forest shop and Dine Card
Tim Campbell
[email protected]
(424) 228-8517 x 1140
1/18/2022
While supplies last
175,000
50,000
x
25 25
50 50
100
100
2 180
x
180
DocuSign Envelope ID: 75222A5F-5642-4F4F-96D9-2D7ED8447061 Item: 11
153
www.yiftee.com – 325 Sharon Park Drive #215, Menlo Park, CA 94025 – (650) 533-0938 Keep Local Dollars Local
Bonus gift message (255 char limit, example): Thank you for purchasing _________________. Enjoy this bonus gift - designed to support our independent restaurants and retailers. To spur the economy quickly, this bonus gift will expire _____________. Make any changes you want or write a different message here, but please stay within character limit.
Bonus gift signature (25 char limit, who it is from): ____________________________________.
Campaign changes are not allowed once campaign has been launched. Yiftee requires a minimum of 48 hrs from signed Quickstart to implement; funding and banner must have been received prior to implementation. Minimum 1 week in between campaigns to avoid confusion.
Bonus gift terms: The terms including expiration, bonus value and limits (if applicable) should be clearly stated on your web site, marketing materials and in the banner on the Yiftee gift purchase page. Please submit all planned advertising of the program for Yiftee review prior to launch. We want to make sure that all restrictions and terms are clearly articulated in the material that advertises the program. Do not begin marketing prior to campaign start date. If marketing starts prior to campaign start date, Yiftee reserves the right to deliver bonus gifts to early purchasers once the campaign begins.
Required Images:
Please provide a 760x100 pixel banner that clearly states your promo language such as Gift card 300 x 200 pixels minimum:
We can use your regular card image, or you can provide something custom. We recommend not a complete change so as not to confuse merchants, but you could add a BONUS indication.
Fee for promotion: Program Fee: waived (normally $100/location) eDelivery fee: $1/gift sent, deposited in advance of campaign start by check or ACH, along with gift funds.
Restocking fees for expired bonus gifts as described above.
Accepted on behalf of Community Yiftee, Inc.
Signature ________________________________
Print____________________________________ Raquel N. López, Marketing & Communications Manager
Date_____________________________________
Receive a $25 Bonus Gift for Every $50 You Spend.
Offer expires 8/31/2020, available while supplies last. Limit 4/purchaser.
the Lake Forest Shop & Dine Gift Card
6 months after purchase
City of Lake Forest
Debra Rose, City Manager
DocuSign Envelope ID: 75222A5F-5642-4F4F-96D9-2D7ED8447061 1/23/2023
Item: 11
154
DocuSign Envelope ID: 75222A5F-5642-4F4F-96D9-2D7ED8447061 Item: 11
155
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158
www.yiftee.com – 325 Sharon Park Drive #215, Menlo Park, CA 94025 – (650) 533-0938 Keep Local Dollars Local
Yiftee Comm Card BOGO Campaign Quickstart
(Please complete sections in orange)
Community and Campaign Name: (e.g., COVID Recovery 2021) _________________________ Contact Name: __________________________
eMail: ________________________ Phone: ________________________ Campaign Start date: ____________ Stop date: “while supplies last” or date: _________ Campaign budget: $_______________ Yiftee must receive funds by check or ACH (minimum $2500) pre-launch to pay for bonus gifts. Promotion will automatically cease when funds run out. Optional alert when balance drops to a certain level. Alert at amount: $_______ Offer description/banner copy: check A, B or C below and specify amounts. Please create a banner using this copy (760 x 100, example on pg 2).
_____ A. 50% or 100% match any value, example: Buy a card for any value $10-$125 and get a matching value bonus card. Limit X bonus cards per purchaser. Available while supplies last. Bonus cards must be used in X days. Purchased card range: $______ to $______. Match level (check one): ___ 50% or ____ 100%. Limit: ______ or none. Expires after # days: _____ or date: _________. _____ B. Total shopping cart value, example: Get a $20 bonus gift for every $80 you spend. Limit X bonus cards per purchaser. Available while supplies last. Bonus cards must be used in X days.
Get a $_____ bonus gift for every $_____ you spend. Limit: ______ or none. Expires after # days: _____ or date: __________.
_____ C. Specific price points, example: Buy $25 and get a $10 bonus gift; buy $50 and get a $20 bonus gift; buy $100 and get a $40 bonus gift. Limit X bonus cards per purchaser. Available while supplies last.
Bonus cards must be used in X days. (1-5 levels allowed, only specific price points) Buy $______, Get $_____; Buy $______, Get $_____; Buy $______, Get $_____. Limit: ______ or none. Expires after # days: _____ or date: _________.
Optional limits: You can define a limit of 1,2,3,4,5,9, or 10 bonus gifts per purchaser, or $50, $125, $300 total bonus gift value per purchaser (irrespective of recipients). Only those values are available. Limit applies to entire campaign duration, restarts for new campaigns.
Buyer $1+5% eDelivery fee: Who pays buyer eDelivery fee, ____ you or ____ buyer (check one) Bonus gift $1 eDelivery fee and customer eD fees (if elected) paid out of funds on deposit.
Refunds: Purchasers may contact [email protected] for refunds but Yiftee will retain the eDelivery fee regardless of who paid it to cover costs.
Bonus Card expiration: _____ days from card issue or a specific date: _____________. When gifts expire, Yiftee returns the unused amount to Community, less restocking fee which is the lesser of 10% of the original bonus gift value or the remaining unused amount of the gift.
Lake Forest Shop & Dine Community Gift Card
Tim Campbell
[email protected]
(424) 228-8517, x. 1140
5/22/2023
While supplies last
564,000
100,000
x
50 50
100
100
2 180
x
180
DocuSign Envelope ID: 9007C5A9-92C7-4CF2-B412-35DA1D28E898 Item: 11
159
www.yiftee.com – 325 Sharon Park Drive #215, Menlo Park, CA 94025 – (650) 533-0938 Keep Local Dollars Local
Bonus gift message (255 char limit, example): Thank you for purchasing _________________. Enjoy this bonus gift - designed to support our independent restaurants and retailers. To spur the economy quickly, this bonus gift will expire _____________. Make any changes you want or write a different message here, but please stay within character limit.
Bonus gift signature (25 char limit, who it is from): ____________________________________.
Campaign changes are not allowed once campaign has been launched. Yiftee requires a minimum of 48 hrs from signed Quickstart to implement; funding and banner must have been received prior to implementation. Minimum 1 week in between campaigns to avoid confusion.
Bonus gift terms: The terms including expiration, bonus value and limits (if applicable) should be clearly stated on your web site, marketing materials and in the banner on the Yiftee gift purchase page. Please submit all planned advertising of the program for Yiftee review prior to launch. We want to make sure that all restrictions and terms are clearly articulated in the material that advertises the program. Do not begin marketing prior to campaign start date. If marketing starts prior to campaign start date, Yiftee reserves the right to deliver bonus gifts to early purchasers once the campaign begins.
Required Images:
Please provide a 760x100 pixel banner that clearly states your promo language such as Gift card 300 x 200 pixels minimum:
We can use your regular card image, or you can provide something custom. We recommend not a complete change so as not to confuse merchants, but you could add a BONUS indication.
Fee for promotion: Program Fee: waived (normally $100/location) eDelivery fee: $1/gift sent, deposited in advance of campaign start by check or ACH, along with gift funds.
Restocking fees for expired bonus gifts as described above.
Accepted on behalf of Community Yiftee, Inc.
Signature ________________________________
Print____________________________________ Donna Novitsky, CEO
Date_____________________________________
Receive a $25 Bonus Gift for Every $50 You Spend.
Offer expires 8/31/2020, available while supplies last. Limit 4/purchaser.
the Lake Forest Shop and Dine Card
180 days after purchase
City of Lake Forest
Debra Rose, City Manager
DocuSign Envelope ID: 9007C5A9-92C7-4CF2-B412-35DA1D28E898 5/2/2023
Item: 11
160
DocuSign Envelope ID: 9007C5A9-92C7-4CF2-B412-35DA1D28E898 Item: 11
161
ATTACHMENT 2
Item: 11
162
www.yiftee.com – 325 Sharon Park Drive #215, Menlo Park, CA 94025 – (650) 533-0938 Keep Local Dollars Local
Yiftee Comm Card BOGO Campaign Quickstart
(Please complete sections in orange)
Community and Campaign Name: (e.g., COVID Recovery 2021) _________________________ Contact Name: __________________________
eMail: ________________________ Phone: ________________________ Campaign Start date: ____________ Stop date: “while supplies last” or date: _________ Campaign budget: $_______________ Yiftee must receive funds by check or ACH (minimum $2500) pre-launch to pay for bonus gifts. Promotion will automatically cease when funds run out. Optional alert when balance drops to a certain level. Alert at amount: $_______ Offer description/banner copy: check A, B or C below and specify amounts. Please create a banner using this copy (760 x 100, example on pg 2).
_____ A. 50% or 100% match any value, example: Buy a card for any value $10-$125 and get a matching value bonus card. Limit X bonus cards per purchaser. Available while supplies last. Bonus cards must be used in X days. Purchased card range: $______ to $______. Match level (check one): ___ 50% or ____ 100%. Limit: ______ or none. Expires after # days: _____ or date: _________. _____ B. Total shopping cart value, example: Get a $20 bonus gift for every $80 you spend. Limit X bonus cards per purchaser. Available while supplies last. Bonus cards must be used in X days.
Get a $_____ bonus gift for every $_____ you spend. Limit: ______ or none. Expires after # days: _____ or date: __________.
_____ C. Specific price points, example: Buy $25 and get a $10 bonus gift; buy $50 and get a $20 bonus gift; buy $100 and get a $40 bonus gift. Limit X bonus cards per purchaser. Available while supplies last.
Bonus cards must be used in X days. (1-5 levels allowed, only specific price points) Buy $______, Get $_____; Buy $______, Get $_____; Buy $______, Get $_____. Limit: ______ or none. Expires after # days: _____ or date: _________.
Optional limits: You can define a limit of 1,2,3,4,5,9, or 10 bonus gifts per purchaser, or $50, $125, $300 total bonus gift value per purchaser (irrespective of recipients). Only those values are available. Limit applies to entire campaign duration, restarts for new campaigns.
Buyer $1+5% eDelivery fee: Who pays buyer eDelivery fee, ____ you or ____ buyer (check one) Bonus gift $1 eDelivery fee and customer eD fees (if elected) paid out of funds on deposit.
Refunds: Purchasers may contact [email protected] for refunds but Yiftee will retain the eDelivery fee regardless of who paid it to cover costs.
Bonus Card expiration: _____ days from card issue or a specific date: _____________. When gifts expire, Yiftee returns the unused amount to Community, less restocking fee which is the lesser of 10% of the original bonus gift value or the remaining unused amount of the gift.
Lake Forest shop and Dine Card
Tim Campbell
[email protected]
(424) 228-8517 x 1140
9/1/2023
While supplies last
564,000
100,000
x
50 50
100
100
2 180
x
180
Item: 11
163
www.yiftee.com – 325 Sharon Park Drive #215, Menlo Park, CA 94025 – (650) 533-0938 Keep Local Dollars Local
Bonus gift message (255 char limit, example): Thank you for purchasing _________________. Enjoy this bonus gift - designed to support our independent restaurants and retailers. To spur the economy quickly, this bonus gift will expire _____________. Make any changes you want or write a different message here, but please stay within character limit.
Bonus gift signature (25 char limit, who it is from): ____________________________________.
Campaign changes are not allowed once campaign has been launched. Yiftee requires a minimum of 48 hrs from signed Quickstart to implement; funding and banner must have been received prior to implementation. Minimum 1 week in between campaigns to avoid confusion.
Bonus gift terms: The terms including expiration, bonus value and limits (if applicable) should be clearly stated on your web site, marketing materials and in the banner on the Yiftee gift purchase page. Please submit all planned advertising of the program for Yiftee review prior to launch. We want to make sure that all restrictions and terms are clearly articulated in the material that advertises the program. Do not begin marketing prior to campaign start date. If marketing starts prior to campaign start date, Yiftee reserves the right to deliver bonus gifts to early purchasers once the campaign begins.
Required Images:
Please provide a 760x100 pixel banner that clearly states your promo language such as Gift card 300 x 200 pixels minimum:
We can use your regular card image, or you can provide something custom. We recommend not a complete change so as not to confuse merchants, but you could add a BONUS indication.
Fee for promotion: Program Fee: waived (normally $100/location) eDelivery fee: $1/gift sent, deposited in advance of campaign start by check or ACH, along with gift funds.
Restocking fees for expired bonus gifts as described above.
Accepted on behalf of Community Yiftee, Inc.
Signature ________________________________
Print____________________________________ Donna Novitsky, CEO
Date_____________________________________
Receive a $25 Bonus Gift for Every $50 You Spend.
Offer expires 8/31/2020, available while supplies last. Limit 4/purchaser.
the Lake Forest Shop & Dine Gift Card
6 months after purchase
City of Lake Forest
Debra Rose, City Manager
Item: 11
164
5 2
3 8
7 ATTACHMENT 3
Item: 11
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5 2
3 8
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. That, for FY 2023-24, the Director of Finance is hereby authorized to move appropriations between line items within departmental budgets in concurrent with Department Directors.
Section 4. That for FY 2023-24, the City Manager is hereby authorized to transfer appropriations from one department to another or between funds within the Operating Budget with notification to the City Council Audit Committee.
Section 5. That for FY 2023-24, the City Manager is hereby authorized to transfer appropriations from a capital improvement project to another existing project within the adopted Capital Improvement Program with notification to the City Council Audit Committee.
Section 6. 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.
Item: 11
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5 2
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7 PASSED, APPROVED AND ADOPTED this 15th day of August 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 15th day of August 2023, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
LISA BERGLUND
CITY CLERK
Item: 11
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5 2
3 8
7 EXHIBIT A
AMENDMENT TO 2023-2025
OPERATING BUDGET
FISCAL YEAR 2023-24
APPROPRIATIONS
General Fund Operating Appropriations
Expenditure
Major Program
Area
Current
Budget
Increase
(Decrease) Amended
Budget
Community Vitality &
Engagement 1,551,135 565,000 $2,116,135
Item: 11
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/15/2023
DEPARTMENT: City Manager
SUBJECT:
RESPONSE TO THE ORANGE COUNTY GRAND JURY REGARDING
ORANGE COUNTY ANIMAL CARE OPERATIONS AND GROUP HOMES
RECOMMENDED ACTION(S):
That the City Council approve and authorize the City Manager to submit the City’s responses to the Orange County Grand Jury Reports regarding Orange County Animal Care operations and groups homes.
EXECUTIVE SUMMARY:
The Orange County Grand Jury (“OCGJ”) is a civil grand jury made up of Orange County residents empaneled by the Superior Court of California. The OCGJ routinely conducts investigations related to the operations of the County of Orange. On June 7, 2023, the OCGC published a report entitled: “Gimmie Shelter and a Pound of Advice: The State of Animal Welfare Overseen by the County of Orange” (Attachment 1). On June 12, 2023, the OCGJ issued a report titled, “Welcome to the Neighborhood - Are cities responsibly managing the integration of group homes?” (Attachment 2).
At its July 18, 2023, meeting, the City Council reviewed the draft response to the grand jury report on animal care operations and requested the opportunity for individual council members to meet with staff and provide input on the draft response. Based on those individual meetings, staff has produced a revised draft response to the animal care operations staff report, which is included as Attachment 3. Additionally, staff has produced a draft response to the grand jury report on group homes, which is included as Attachment 4.
Based on the 90-day deadline to respond to grand jury reports established in California Penal Code section 933, the City’s deadline to respond to the animal care grand jury report is September 5, 2023, and the deadline to respond to the group homes report is September 11, 2023.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
Item: 12
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ATTACHMENTS:
1. OCGJ Report related to Animal Care Operations
2. OCGJ Report related to Group Homes
3. Draft response to the OC Animal Care Operations Grand Jury Report
4. Draft response to the Grand Jury Report on Group Homes Initiated By: Mathew Richardson, City Attorney
Submitted By: Mathew Richardson, City Attorney
Approved By: Debra Rose, City Manager
Item: 12
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ATTACHMENT 1
Item: 12
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.
Gimme Shelter and a Pound of Advice
The State of Animal Welfare Overseen by the County of Orange
COUNTY OF ORANGE
Grand Jury 2022-2023
Item: 12
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Gimme Shelter and a Pound of Advice
ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 2 OF 51
TABLE OF CONTENTS
TABLE OF CONTENTS .................................................................................................. 2 TABLE OF FIGURES AND TABLES ............................................................................... 3 SUMMARY ...................................................................................................................... 4 BACKGROUND .............................................................................................................. 5 REASON FOR STUDY ................................................................................................... 8 METHOD OF STUDY ...................................................................................................... 8 Interviews .................................................................................................................... 8 Surveys ........................................................................................................................ 9 Site Visits ..................................................................................................................... 9 Key Documents ........................................................................................................... 9 Documents Requested but Not Provided ................................................................... 10 INVESTIGATION AND ANALYSIS................................................................................ 10 Services and Facilities ............................................................................................... 10 Volunteer and Rescue Relations ............................................................................... 12 Human Resources ..................................................................................................... 13 Animal Care Attendants ............................................................................................. 14 Communication .......................................................................................................... 16 Policies and Procedures ............................................................................................ 16 COVID-19 .................................................................................................................. 17 Facilitating Adoption .................................................................................................. 18 Spay and Neuter Overview ........................................................................................ 19 Trap, Neuter and Return ............................................................................................ 20 Euthanasia Report ..................................................................................................... 22 Asilomar Reports ....................................................................................................... 22 Analysis of OCAC Data ............................................................................................. 23 Dog Euthanasia: ........................................................................................................ 25 Impediments to the Investigation ............................................................................... 27 CONCLUSION .............................................................................................................. 30 FINDINGS ..................................................................................................................... 31 Management: ............................................................................................................. 31 Animal Welfare .......................................................................................................... 31 Communication / Outreach ........................................................................................ 32 Item: 12
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Gimme Shelter and a Pound of Advice
ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 3 OF 51
Impediments to the Investigation ............................................................................... 32 RECOMMENDATIONS ................................................................................................. 33 Management: ............................................................................................................. 33 Welfare ...................................................................................................................... 33 Communication / Outreach ........................................................................................ 34 Impediments to the Investigation ............................................................................... 35 REQUIRED RESPONSES ............................................................................................ 36 Findings – 90-day Response Required ...................................................................... 37 Recommendations – 90-day Response Required ..................................................... 38 REQUESTED RESPONSEs ......................................................................................... 39 Findings – 90-Day Response Requested .................................................................. 39 Recommendations – 90-Day Response Requested .................................................. 39 REFERENCES .............................................................................................................. 40 APPENDIX 1 ................................................................................................................. 42 Table 1 - Adult Cat Euthanasia and TNR Rates by Quarter ...................................... 42 APPENDIX 2 ................................................................................................................. 43 Table 3 - Dog Behavioral Euthanasia Rates by Quarter ............................................ 43 APPENDIX 3 ................................................................................................................. 44 Orange County Grand Jury Animal Shelter Contract City Survey .............................. 44 APPENDIX 4 ................................................................................................................. 45 Orange County Grand Jury Independent City Shelter Survey ................................... 45 Appendix 5 .................................................................................................................... 46 OCAC 4th Quarter 2022 Asilomar Report ................................................................... 46 ABBREVIATIONS: ........................................................................................................ 47 GLOSSARY: ................................................................................................................. 48 DISCLAIMER ................................................................................................................ 51
TABLE OF FIGURES AND TABLES
Figure 1 - Map of Orange County .................................................................................... 7 Figure 2 - Adult Cat Euthanasia Rates .......................................................................... 24 Figure 3 - Dog Euthanasia Rates (Behavioral) .............................................................. 26
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Gimme Shelter and a Pound of Advice
ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 4 OF 51
SUMMARY
Orange County Animal Care has been a source of public concern since the 1990s, with no less than five previous Orange County Grand Jury reports detailing troubling conditions. The previous reports cited excessive euthanasia rates, poor leadership, inadequate numbers of animal care attendants, a lack of cooperation between staff departments, the exclusion of kennel staff from euthanasia decisions, the lack of proper assessment of animals chosen for euthanasia, and low morale negatively impacting operation of the shelter.
Recent public outcry citing conditions at the shelter, recent litigation, and publicly circulated petitions calling for changes at the shelter suggest the previously expressed concerns remain. In addition to these publicly voiced concerns, the current Orange County Grand Jury received direct complaints requesting an inquiry. The Grand Jury determined a renewed investigation was warranted. The investigation focused on three major areas of concern: the management of the shelter, the welfare of animals under shelter care, and the communication and engagement with the public and the animal rescue community.
A particular concern of the Grand Jury was the shelter’s termination of its Trap, Neuter, and Return (TNR) program for community cats. In early 2020, the shelter decided to stop its TNR program. The Grand Jury’s investigation determined that termination of the TNR program had detrimental consequences for the welfare of the animals under the shelter’s care.
The elimination of the TNR program also has contributed to substantial public dissatisfaction and alienation that undermines the public’s and the rescue community’s relations with shelter leadership.
During the Grand Jury’s investigation, it was reported by the shelter’s senior management that the termination of the TNR program resulted from an opinion rendered by the County’s legal counsel. Understanding the reason leading to the decision to terminate the TNR program would be important for considering whether the program can and/or should be reinstated. Toward that end, the Grand Jury endeavored to obtain a copy of the opinion of the County’s legal counsel by directing a written request to the Chair of the Orange County Board of Supervisors. While the Grand Jury recognizes that the opinion may enjoy confidentiality pursuant to the attorney-client privilege, the Board of Supervisors has the discretion to waive that privilege. The Grand Jury’s request included its commitment to maintain the confidentiality of the opinion itself and its contents. Nevertheless, the request was declined, as was the Grand Jury’s alternative request that the County simply identify the legal authority reviewed in studying the issue.
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return cats to their original location rather than releasing them to randomly selected sites. TNR programs are widespread throughout California, not to mention the nation as set forth in a report from the American Bar Association. The Grand Jury is unaware of any published court case determining that a bona fide TNR program is prohibited under the anti-abandonment statute. Given the important benefits to animals and the public provided by such programs, the Grand Jury believes it would be prudent for the County to revisit the propriety of the former program and consider obtaining a second legal opinion.
This report highlights analysis of data provided to the Grand Jury by the shelter indicating that euthanasia rates related to dog behavior and to cats have increased significantly within the last two years. The increase in dog behavioral euthanasia rates suggests that there is inconsistency over time as to how dogs are being assessed and evaluated for behavior-related euthanasia. The increase in feline euthanasia rates appears to be correlated with elimination of the TNR program.
This report also addresses the challenges in maintaining quality staff at the shelter, especially in the Animal Care Attendant positions. Hiring practices for the shelter are too cumbersome, lengthy and lack consideration of how those practices impact animal welfare. Animal Care Attendant staffing at the shelter is inadequate and Animal Care Attendant staffing vacancies need to be filled more quickly.
This report discusses major deficiencies with each of the issues identified above and makes specific recommendations to help support a more engaged community. Status quo at the shelter is unacceptable. Appropriate remedial steps must be taken as animal welfare is paramount!
Finally, this report comments on the difficulties the Grand Jury encountered during its investigation. Without explanation, the entirety of the Orange County County Counsel’s office determined itself to be conflicted with the Grand Jury’s inquiry into Orange County Animal Care. The investigation was hampered and slowed during the six weeks the Grand Jury was required to arrange for outside legal counsel.
BACKGROUND
Orange County Animal Care (OCAC) began operations in 1941 and was responsible for rabies and tending to lost livestock. In 1950, the population of Orange County was roughly 216,000. By January 2022, the estimated population was 3.1 million people.
OCAC provides a myriad of services over a wide territory and variety of client needs and expectations. OCAC serves the unincorporated areas of Orange County and contracts its services to 14 client cities: Anaheim, Brea, Cypress, Fountain Valley, Fullerton, Huntington Beach, Lake Forest, Orange, Placentia, San Juan Capistrano, Santa Ana, Tustin, Villa Park, and Yorba Linda. The remaining cities in Orange County either have their own shelter or contract with other cities or non-profit groups to provide animal care and control services. The unincorporated areas of the county and the 14 Item: 12
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contract cities have a combined population of approximately 1.8 million residents, greater than half of the total population of Orange County.
In March 2018, a new shelter was opened on a 10-acre site at a cost of $35 million. The shelter includes a two-story, approximately 30,000 square-foot main building, six stand- alone kennel buildings, multiple dog play yards, a barnyard, and a rabbit housing area.
OCAC can shelter up to 600 animals and is the single largest municipal animal facility in the western United States serving residents in one location.
OCAC has 137 authorized staff positions. Approximately 21 staff are animal care attendants who are represented by the Teamsters Union. All other staff are represented by the Orange County Employees Association. Labor relations and contract terms must be taken into consideration while operating the shelter.
OCAC, like most municipal shelters, relies upon a variety of rescue support groups and citizen volunteers to enhance animal welfare and outcomes. The relationship between shelter management, rescue groups, and volunteers has deteriorated in the last three years. The historical partnership between the shelter and rescue groups has become stressed due to a variety of reasons. The breakdown in communication, engagement, and trust between parties has negatively affected shelter operations.
Most large municipal shelters are “kill” shelters, which are shelters where animals may be euthanized for any of a variety of reasons. Privately operated shelters and smaller municipal shelters tend to be non-kill shelters. Non-kill shelters may euthanize some animals in special cases, but generally do not euthanize animals. Large municipal shelters, owing to their size, capacity, public responsibility, operational mandates, and their positioning as “shelters of last resort,” euthanize animals as a matter of course.
Animals are euthanized for a variety of reasons, such as:
• they suffer from irredeemable disease or injury,
• they are of a species that represent a danger to the community, or • they are behaviorally unfit for adoption.
Many shelters have Trap, Neuter and Return (TNR) programs. In accordance with these programs, feral and community cats are captured from their outdoor environment, taken to a shelter or veterinarian where they are neutered, and then returned to the location from where they were trapped. TNR programs serve to reduce colonies of feral and community cats in a humane manner and serve to manage and reduce this cat population. OCAC had a TNR program beginning in 2013 until early 2020 when it was discontinued.
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Figure 1 - Map of Orange County
Cities Contracted with Orange County Animal Care
The map above shows the cities and unincorporated areas currently contracted with OCAC. All city contracts are not alike in that OCAC may provide partial services for some cities and full services for others.
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REASON FOR STUDY
In 2022, the Grand Jury received 14 complaints about the Orange County Animal Care (OCAC) shelter. Many of those complaints were the same complaints addressed in five previous Grand Jury reports, including:
• the shelter’s unresponsiveness to community needs,
• restricted public access to the shelter’s kennels,
• restricted opportunities to walk through the kennels and engage with adoptable animals, and
• concerns related to inadequate staffing and volunteer levels.
Complainants also expressed concerns about animal surrenders, a perceived increase in homeless cats with less spay/neuter availability, and the shelter’s increased euthanasia rates.
About the same time the Grand Jury was receiving public complaints about the shelter, a petition with thousands of signatures was delivered to the Orange County Board of Supervisors. The petition addressed the same concerns as the complaints received by the Grand Jury and demanded change in the shelter’s appointment-only system and reinstatement of the shelter’s TNR program.
The Grand Jury also learned about a lawsuit filed by Elizabeth Hueg, Safe Rescue Team (a California 501(c)(3) nonprofit corporation), and Cats In Need Of Human Care (another California 501(c)(3) nonprofit corporation) seeking an injunction from the Orange County Superior Court for the assignment of a shelter monitor to oversee shelter operations.
The 2022-2023 Grand Jury revisited OCAC because public discussion pointed to new and allegedly ongoing and unresolved concerns about shelter operations. The Grand Jury focused on current practices at OCAC to determine how well the needs of the animals, staff, and public are being met.
METHOD OF STUDY
The Orange County Grand Jury’s objective is to provide an accurate portrayal of OCAC’s current operations, culture, inner workings, and challenges. The Grand Jury investigation relied on interviews, public and shelter documents, surveys, site visits, and news accounts about the shelter. The information supporting the facts, findings, and recommendations in this report is corroborated, validated, and verified through multiple sources.
Interviews
The interviews conducted by the Grand Jury focused on an in-depth review of OCAC management, staffing, operating structure, animal care procedures, communications, animal care statistics, operating plan, organization structure, morale, the volunteer Item: 12
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program, relationship with rescue organizations, and complaints. Interviews included the following:
• Management and staff from OCAC.
• Current and former volunteers from OCAC.
• Management from the OC Community Resources (OCCR) office. • Management from the Orange County Centralized Human Resources and OCCR Human Resources offices.
• Community complainants from Orange County Grand Jury Public Concern Letters.
• Retained outside legal counsel.
• Leaders of Orange County city-managed shelters.
• Animal advocates.
Surveys
The Grand Jury solicited feedback from the shelter’s clients by surveying the 14 cities contracted with OCAC to provide animal care and control services. Questions in the survey were crafted to determine city satisfaction with the services provided and cost effectiveness, and to solicit any concerns city leaders, managers, and residents may have with OCAC. (Appendix 3)
A second survey was directed to the five independent city-managed animal shelters in Orange County, soliciting information about their shelter operations, staffing, animal population, adoption procedures, and other challenges. (Appendix 4) Site Visits
The Grand Jury conducted tours and site visits to the OCAC shelter:
• One visit was a guided tour of the facility, during which the Grand Jury was provided behind-the-scenes access to observe conditions and observe shelter staff as they went about their daily routines.
• A second visit was an anonymous visit by two members of the Grand Jury. The two members visited the shelter to experience, firsthand, guest services and the appointment process for adopting an animal.
• A third visit was an unscheduled visit to observe kennel cleaning and to gather additional documents and records.
The Grand Jury also toured the City of Irvine Animal Shelter and the Mission Viejo Animal Services Center.
Key Documents
• Documents and information provided by OCAC:
o Policy and Procedure Manual governing the Orange County Animal Shelter
o Volunteer Program Manual
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o Total number of volunteers who have served by year since 2018 o Organization Charts
o Job Descriptions of all authorized and contracted positions o Statistics on animals under OCAC care, including adoptions o The OCAC Monthly and Quarterly National Shelter Statistics Project Data Matrix (2018-2022)
o OCAC euthanasia records
o OCAC Asilomar Reports
• OCGJ cat and dog euthanasia statistical analysis derived from OCAC euthanasia records and OCAC Asilomar Reports
• City Run Shelters and Contracted City survey responses and summaries • Reports from city-managed shelters
• OCGJ Public Concern Letters
• Legal briefs filed in the lawsuit against OCAC (Orange County Superior Court Case No. 30-2022-01282419-CU-WM-CJC)
• Reports from five former OC Grand Juries: 1999-2000, 2003-2004, 2007-2008, and 2014-2015 (2 reports in 2014-2015)
• OCAC Performance Audit responses (February 4, 2016)
• American Bar Association legal opinion 102B, Tort Trial and Insurance Practice Section report to House of Delegates - Resolution No. 29N, pages 1 and 2 • California Penal Code Section 597s
• OCAC Strategic Plan Executive Summary (January 22, 2018) - Strategic Priority, pages 1 to 4
• Association of Shelter Veterinarians Guidelines for Standards of Care in Animal Shelters
Documents Requested but Not Provided
• Daily census of all animals plus breakdown of number of cats and dogs from 2018 through 2022 (not provided by OCAC since it reportedly is not tracked). • Complaints and Grievance log.
• The Grand Jury attempted, without success, to obtain a copy of OC County Counsel’s opinion concerning the terminated TNR program. The Grand Jury’s request to the Chair of the Orange County Board of Supervisors for a copy of the opinion was denied, as was an alternative request that the County simply identify the legal authority reviewed in studying the issue.
INVESTIGATION AND ANALYSIS
Services and Facilities
The Orange County Animal Care (OCAC) shelter is the largest municipal shelter in the western United States serving residents in one location. The nature, size, and scope of the shelter adds complexity and unique challenges to its operation. The shelter employs 137 staff engaged in a variety of functions including animal sheltering and care, animal control, reuniting lost pets with their owners, veterinary services, licensing, adoption, marketing, public relations, and administration. Supporting the varied needs of over 1.8 Item: 12
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million residents requires a substantial investment in facilities, infrastructure, personnel, organization, customer service, and public outreach.
OCAC provides temporary shelter and medical care for “lost” owned or stray animals and opportunities for adoption of these animals. OCAC houses and provides medical care for impounded dogs, cats, and exotic animals. OCAC also provides animal control services that include removing dangerous non-domesticated animals where they pose a hazard to humans or other animals.
OCAC is not a No-Kill shelter. OCAC euthanizes animals for several different and sometimes compelling reasons, including animals injured beyond redemptive medical care, behavior, species and breed, and age.
The size and complexity of the shelter leads to numerous managerial and operational challenges. The shelter has space capacity to care for up to 600 animals; however, at times, the number of animals at the shelter exceeds shelter capacity. When capacity is exceeded, temporary capacity is created by moving cat cages into administrative areas such as the facility’s training and conference room. On the day the Grand Jury toured the shelter, there were 450 animals. The Grand Jury was unable to obtain a full accounting of the average number of animals per day at the facility since OCAC only began keeping daily animal census records in December 2022. However, the Grand Jury was able to estimate average daily cat and dog count from the shelter’s Asilomar reports.
Average daily cat and dog count based on quarterly Asilomar data for the years 2021 and 2022 was between 350 and 400 cats and dogs. Actual daily counts will vary from the average and counts vary with the seasons.
The Grand Jury surveyed the cities being served by OCAC. Most cities expressed satisfaction with the services provided by the shelter. During interviews with the Grand Jury, shelter management voiced the challenge of expanding and enhancing services versus the willingness of contract cities to pay for additional services. Shelter management expressed the need to balance services with the cost consciousness of their contract cities and the county budget, while also providing a level of service expected by the public. Shelter management expressed awareness that contract cities have alternative service options if the prices charged by OCAC for its service are beyond city expectations or budget.
From 1995 through 2016, the California Department of Public Health (CDPH) collected and published data from California’s animal shelters. Currently, CDPH does not keep or compile comprehensive data on animal shelters operating within the State. Out of concern for crowding and high euthanasia rates, animal welfare groups within the State have pressed for legislative action in Sacramento. In January of 2023, Assembly Bill 332, called the “Shelter Animal Collection Data Act,” was introduced by Assemblyman Alex Lee (D-San José) and coauthored by Assemblywoman Marie Waldron (R-Valley Center).
Assembly Bill 332, if adopted, would require shelter data collection and reporting that piggybacks onto current rabies reporting mandates. The bill would further require CDPH to collect and publish animal shelter intake and outcome data, including adoption, redemption, euthanasia, and other categories.
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Volunteer and Rescue Relations
Most animal shelters rely on a host of shelter volunteers to help with the care and enrichment of the animals under supervision, and they also rely on private rescue organizations (rescues) to help with the adoption process and fostering. OCAC is no exception.
Shelter volunteers help by assisting shelter staff with animal care, socialization, and enrichment; community outreach and events; conducting tours; greeting shelter visitors; and assisting with shelter adoptions. Volunteers are often the ones who walk the dogs, work with their socialization, and foster kittens without mothers. The volunteer program is vital.
Rescue organizations help by accepting animals from the shelter and facilitating adoptions or placing animals in foster care for eventual adoption. Rescues help relieve the shelter of overcrowding. These organizations benefit animals by facilitating adoptions or placing them in foster homes with enriched social environments greater than the shelter can reasonably provide.
The coordinated efforts of shelter staff, volunteers, and rescue organizations are vital to OCAC’s success and the welfare of animals under its care. OCAC has been challenged by both inadequate staffing and strained collaboration between the shelter, volunteers, and rescues. Some challenges are the result of the recent COVID-19 crisis, when the volunteer program was shut down in response to County health mandates. Other challenges are due to some rescue organizations’ responses to changes in shelter organization, operation, and procedures within the last 2 to 3 years. Moreover, some organizations report recent funding challenges that limit their ability to fully assist the shelter with its animal welfare mandate. Funding has been especially challenging for rescues since COVID-19.
The shelter’s volunteer program was not restarted until late 2022, although state COVID- 19 restrictions were lifted June 15, 2021. Unfortunately, restarting the program required more than calling all volunteers back from COVID-19 isolation. Some former volunteers have not returned because they have moved on with their lives. Some volunteers have not returned because of their dissatisfaction with recent changes in organization, operation, and procedures at the shelter. However, some volunteers have returned, and more are being recruited to form the foundation for a re-energized volunteer program.
Relationships between the shelter and some rescues remain strained. Leadership changes within the past three years, changes in circumstances at the shelter, and the shelter’s response to COVID-19 resulted in changes to shelter priorities and practices to which some rescues object. Some changes were precipitated by differences in priorities and concerns that came with the change in shelter leadership, some changes were in response to COVID-19 restrictions and concerns, and one change came as the result of the shelter’s response to a threat of litigation by a lone animal activist from outside Orange County challenging the shelter’s TNR program.
Strained relations between OCAC and rescue organizations are detrimental to the operations of the shelter and ultimately to the welfare of animals under the shelter’s care.
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To operate at its highest potential, OCAC needs to have a good working relationship with the rescues. Rescues want to have a good working relationship with OCAC. During Grand Jury interviews, both management at OCAC and representatives of rescues indicated a desire to work to resolve their differences, and both expressed the welfare of the animals as being their highest priority.
OCAC will benefit if it has a robust outreach program to continually recruit volunteers and will benefit by engaging with the rescue community to mend the fractured relationship that has developed between them.
Human Resources
The OCAC shelter is a 24/7 facility that requires adequate staffing during all hours to meet the highest standards of animal welfare.
Continuity of leadership at the OCAC shelter has been a challenge over the past four years with turnover in management and supervisorial staff level positions. Over the past four years, two executive directors have been hired with interim leadership having to be provided on two separate occasions. The Chief Veterinary position went unfilled for months until the current Chief Veterinarian was brought onboard in May 2022. Between September 2021 and May 2022, the shelter did not have a chief or a staff veterinarian and services were provided by one contract veterinarian.
OCAC is under the direction of OC Community Resources (OCCR). However, day-to- day human resource and recruitment support for the shelter is performed by OC Human Resource Services (OCHRS). OCHRS provides separate, targeted human resource support for OCAC’s recruitment, labor relations, and employee relations needs.
Personnel turnover in critical job categories, such as kennel attendants, can add huge pressure to the remaining staff. Vacancies in critical positions strain shelter operations and impact animal welfare. There are currently 21 allocated Animal Care Attendant positions out of the 136 shelter staff positions. The 21 animal care attendants are assigned to fill the shelter’s attendant needs over the 7-day shelter week. There is reason for concern and urgency when even one Animal Care Attendant position goes unfilled.
County policies and practices exacerbate high turnover and make filling vacant positions difficult. Current county practice allows an employee to promote out of their shelter position, or any position, at any time, even while they are still within their probationary period. The ease and fluidity of transitioning adds to the shelter’s understaffing and staffing volatility.
Staff vacancies, which have been as high as 23%, negatively impact shelter operations and have taken as long as six months or longer to fill. Delays in filling staff positions disrupt shelter operations. Delays have resulted in qualified candidates declining job offers because they have accepted other positions. Animal Care Attendant and Veterinarian positions are particularly critical and vital to the welfare of the shelter’s animals. While OCCR has taken some steps to correct hiring delays, there needs to be an increased sense of urgency when posting and filling critical vacant positions.
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As a unionized organization, limitations exist which impact the assignment of human resources within the shelter’s organization and daily operations. Staff are siloed into operational categories and job functions, which limits managerial flexibility in their ability to respond to special operational needs. An inflexibility in management’s ability to respond to vacancies in Animal Care Attendant staffing is one such example. Staffing limitations and operational inflexibility has resulted in instances of inefficient allocation of shelter human resources. Moreover, labor rules limit shelter volunteers from performing certain duties that must be performed by shelter employees. Volunteers are drawn to the shelter out of a desire to work and care for the animals. Restricting volunteers from lending a hand when they see the need is disheartening to the volunteers.
Animal Care Attendants
Animal care attendants at OCAC provide the direct, daily care of the animals. They attend to several areas of responsibilities:
• Intaking animals brought to the shelter by the public or impounded by animal control or the cities, entering information about the animal into the shelter’s data base, and taking pictures of the animals.
• Feeding and watering of all the shelter’s animals – domestic, exotic, and wild. • Cleaning and disinfecting kennels, cages, corrals, and equipment and maintaining the general cleanliness of the shelter’s kennel facilities. • Monitoring, documenting, and reporting on the health and well-being of sick, exotic, and quarantined animals; reporting any abnormalities or changes in condition to veterinary staff.
• Assisting with animal adoptions, including providing counseling on breed characteristics, matching and introducing the appropriate animal to the potential adopter, and instructing adopters in basic animal care. • Grooming the animals for the health and comfort of the animals. • Responding to public inquiries about legal retention, adoption procedures, basic animal care, and behavior.
Animal Care Attendants may be assigned into any one of three areas of responsibility:
Intake, Cat Team, or Dog Team. Usually, Intake has two Animal Care Attendants assigned to it; they may receive 30 to 60 animals per day. The Cat Team is responsible for the kennel areas housing cats, kittens, rabbits, guinea pigs and other animals. Their duties include cleaning and feeding, enrichment, adoption and the other activities discussed above. The Dog Team is responsible for the kennel areas housing dogs. Their duties include cleaning and feeding, enrichment, adoption and the other activities noted above.
In 2016, OCAC brought in professional consultants to provide recommendations for a 2018 Strategic Plan. One of the consultant’s recommendations was for the shelter to increase staffing allocation to 26 Animal Care Attendant positions. OCAC did not implement that recommendation. Additionally, the consultant recommended the shelter follow the Association of Shelter Veterinarians (ASV) Guidelines for Standards of Care in Animal Shelters. Those practices include National Animal Control Association (NACA) Item: 12
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guidelines and the Humane Society of the United States (HSUS) guidelines (which is the current standard).
The allocation of Animal Care Attendants at OCAC is insufficient for the shelter to meet industry standards for level of care. NACA and HSUS recommend a minimum of 15 minutes of care per day per animal for feeding and cleaning each animal housed in the shelter; 9 minutes for cleaning and 6 minutes for feeding and watering.
There are currently 21 Animal Care Attendant positions allocated at the shelter. Three positions were vacant as of May 1, 2023. A normal Animal Care Attendant daily shift at the shelter is 10 hours, of which the attendants are expected to spend half their time cleaning, feeding, and watering the animals and half their time attending to other responsibilities, including those responsibilities noted above. Half the Animal Care Attendants work from Wednesday through Saturday and the others work Sunday through Wednesday. Animal Care Attendants spend about 4½ hours cleaning and feeding the animals each day.
The Grand Jury evaluated the Animal Care Attendant’s workload during the four-month period between December 4, 2022 and April 10, 2023. Individual Animal Care Attendants cared for 48 animals per shift on average and in some cases up to 90 animals per shift.
Conservatively, Animal Care Attendants at the shelter spend less than 6 minutes on average per animal attending to cleaning and feeding, which is much less than the 15 minutes recommended by the NACA and HSUS guidelines.
Of note, the four-month period reviewed by the Grand Jury is not the shelter’s busy season. During kitten season, the cats and kittens alone can number up to 500 to 600 cats and kittens per day. The Grand Jury could not evaluate daily census records prior to December 4, 2022 because OCAC did not keep daily animal census records prior to that date.
There are still other needs the animals have, such as time for animal enrichment which is required daily. The other half of the Animal Attendant’s shift is devoted to picking up animals from intake, showing animals for potential adoptions, walking dogs, stocking supplies, washing dishes or other non-direct animal care tasks.
ASV Guidelines stress enrichment should be given the same significance as feeding, watering, and veterinary care. Successful enrichment programs prevent the development and display of abnormal behavior and provide for the well-being of the animal. Regular positive daily social interaction with humans is essential for both dogs and cats. Animals need daily walking, playing, grooming, petting, etc. OCAC’s 2018 Strategic Plan called for all sheltered dogs and cats to receive appropriate daily enrichment tailored to their needs. The Grand Jury found that other shelters in Orange County walk their dogs several times per day and provide numerous opportunities for enrichment. At the OCAC shelter, dogs are not always walked daily. Instead, animal care attendants only walk dogs every other day, as time permits.
The Grand Jury recognizes that resources are limited, but the shelter must prioritize the welfare of the animals over other shelter operation considerations. This puts pressure on management to operate the shelter efficiently. Other animal care facilities report 50% of Item: 12
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their staff provide direct care to their animals. At OCAC, only 15% of staff provide direct care. The Grand Jury recommends a review of the current allocation of positions within OCAC. OCAC has 137 budgeted staff positions of which only 21 positions provide direct care to the animals. Assigning adequate resources to the direct care of the animals must be a priority as the health and welfare of the animals is the shelter’s primary charge. The current allocation of Animal Care Attendant positions is insufficient.
Communication
The shelter’s organizational challenges are numerous; many challenges are systemic, but some are self-inflicted. With many constituents, such as shelter staff, volunteers, rescue organizations, and the public at large, robust communication programs are essential to addressing the concerns and needs of both internal and external audiences.
Collaboration and communication within the shelter are lacking. Departments within the shelter are siloed. Staff within departments focus solely on their duties and responsibilities and are not encouraged to think of their efforts as being part of a “Big Picture.” Morale is reported to be low. Workplace rules and position classifications tend to discourage a collaborative mindset.
In March 2015, the Orange County Office of the Performance Director issued a report on the OCAC. The OC Auditor noted that, among other things, the shelter was not holding regular “all-hands” staff meetings. The Auditor recommended that the shelter hold meetings at least every quarter. The 2014/2015 Orange County Grand Jury report of the OCAC made the same recommendation. The response from OCAC to this Grand Jury report was that all-hands meetings were implemented. However, all-hands meetings currently do not occur at any regularly scheduled interval. Although shelter staff have a general sense of shelter operations and functions, the shelter is a siloed work environment. Without regularly scheduled all-hands meetings, staff have little opportunity to hear and be heard by shelter leadership and for management to communicate a consistent message.
Shelter volunteers are limited to a program that effectively segregates them from shelter staff and management. Volunteers have little to no voice or effective input into the shelter’s decision hierarchy.
Policies and Procedures
The Grand Jury found that the shelter’s Policies and Procedures manual does not undergo regular internal review. There are policies and procedures in the manual that do not reflect current shelter practices. Additionally, there are important shelter practices and functions that are not addressed or are inadequately documented within the manual.
There are some policies and procedures in the manual addressing programs that are no longer relevant or where the manual describes practices that are outdated. It is evident some policies and procedures in the manual have from time to time been inserted or revised, but those cases appear to be done on an ad-hoc basis and are not methodical.
Individual policies and procedures documented in the manual are annotated with the date they became effective and, when applicable, revised. However, there is nothing to Item: 12
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indicate when or if a policy or procedure has been contemporarily reviewed and determined to be relevant, accurate, and applicable. Some policies and procedures in the manual were written as long ago as the late 1970s with revisions in the mid-2000s.
There is no indication that any particular policy or procedure has been reviewed as current and appropriate, or by whom, or when.
Operating a shelter without up-to-date, reliable policies, procedures, and guidelines make formal training difficult, if not impossible, and results in inconsistent operating protocols and practices. More importantly, when new staff are hired, training becomes “on the job training” and subject to inconsistency. With the high level of turnover at the shelter, it is all the more important to ensure policies and procedures are up to date.
COVID-19
The impacts of COVID-19 on shelter operations should not go unacknowledged. Shelter operations were severely strained as state and county COVID-19 restrictions were put into place. The shelter was effectively closed to the public. Emergency protocols and practices were put into place to ensure the safety of the public and OCAC staff.
Leadership had to manage a 24-hour shelter, with many members of the staff required to work on site. Work shifts and resources had to be juggled to ensure staffing was sufficient and personnel were kept safe. Within the limits of the shelter’s staffing allocation, management created a Team A/Team B system that isolated one half of the staff from the other half of the staff. Staff came into work only during those days and hours their assigned team was scheduled. Extraordinary sanitation protocols were put into place.
Nevertheless, when COVID-19 illnesses did occur, management and staff rose to the occasion, working flexibly and cooperatively to prioritize the care of the animals. Both shelter leadership and staff are to be commended for managing shelter operations through a difficult time.
Unfortunately, the volunteer program was suspended during COVID-19 restrictions and engagement with rescues was significantly impacted. The volunteer program was slow to be restarted. Shelter management could and should have anticipated the end of COVID- 19 restrictions and worked toward reinstating the shelter’s volunteer program much earlier than late 2022.
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Facilitating Adoption
During COVID-19, most animal shelters, including OCAC, closed or restricted their shelters to public access, including stopping all public walk-in visits.
Prior to COVID-19, the adoption process at the shelter was relatively open. The public was at liberty to visit the shelter at their convenience without an appointment. The cat and dog kennels were mostly open to public viewing where a potential adopter could experience first-hand the size, look, and manner of a potential adoptee. Volunteers and staff were available to facilitate an intimate meeting where humans and animals could interact and bond. The experience was unconstrained, spontaneous, instinctive, and natural.
OCAC previously had an animal behaviorist who worked with stressed animals to facilitate their adoptability. OCAC eliminated the animal behaviorist position. Other animal shelters in Orange County have animal behaviorists working with their animals to facilitate adoptability.
During COVID-19, public adoptions were carried out by appointment only and computer facilitated. The public was required to schedule an appointment to visit the shelter. Up to three animals could be selected on the shelter’s website from photographs and biographical information about the animals. A one-on-one meet-up with the animal(s) followed. People without computer access could use the shelter’s computer kiosk to select an animal, but by appointment only. If a suitable animal was not found among the animals selected via computer, kennel staff might make recommendations to the potential adopter.
Currently, the adoption process is less restrictive than during COVID-19 but remains more restrictive than pre-COVID-19. The current appointment system is restrictive and Item: 12
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does not provide prospective adopters viewing access to all available adoptable animals.
The shelter has opened to limited walk-ins on a stand-by basis when there are openings in the appointment schedule and when staff are available to assist. All potential adopters, appointments, and walk-ins are still required to use the shelter’s website to pre-select potential adoptees prior to a one-on-one meeting. The kennels are still off-limits to all visitors.
OCAC leadership expressed concern about bites to visitors as the primary reason for restricting kennel access. The shelter experienced a marked drop in bites coincidental with the closure of the facility to the public when COVID-19 restrictions were implemented:
• 2019 – 23 bites
• 2020 – 7 bites
• 2021 – 3 bites
• 2022 – 2 bites (as of December 23)
However, not all dogs are bite risks and there is space throughout the kennel facilities to provide for public viewing. Public safety is important, however, dogs representing bite risks can be segregated, and supervised viewing is a viable option.
Shelter leadership said that public viewing within the kennels stresses the animals and that restricting access keeps the animals calm. However, to address that concern, dogs prone to excitability and stress can be secluded, and supervised viewing is an option.
Spay and Neuter Overview
As mentioned earlier, the population of Orange County in 1950 was about 216,000.
Today the contract cities and unincorporated county areas served by OCAC has a population of approximately 1,800,000. With the population increase comes an increase in the number of dogs, cats, and other pets.
Euthanasia of animals at the shelter is a challenging problem confronting OCAC and pet owners. In most cases, members of the public either bring lost animals to the shelter to be reunited with their owners or bring their own animals to be adopted to new homes.
Few people bring animals to the shelter to be euthanized. One reason OCAC has so many animals and a high incidence of euthanasia is that many pet owners do not spay/neuter their pets and thereby allow them to reproduce beyond the owner’s ability to care for the offspring.
Uncontrolled reproduction is a factor in the high population of dogs and especially cats.
According to a 2011 report by the North Shore Animal League of America, each day over 70,000 puppies and kittens are born in the United States, and because of overpopulation, more than 3.7 million animals are still being euthanized each year across the country. The absence of TNR at the shelter has seriously increased the rate of euthanasia of cats, especially kittens, who are not old enough or healthy enough to adopt.
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Many communities incentivize sterilization of pet dogs by significantly lowering the cost of dog licenses for sterilized dogs in their city. Generally, community shelters and rescue organizations will only allow spayed/neutered animals for adoption or require the new owner have the animal spayed/neutered as part of the adoption process.
Some complaints received by the Grand Jury assert that the public has requested low/no cost spay/neuter assistance from OCAC without success. OCAC does not offer low or no cost spay/neuter clinics or events but does list on its website feral cat low cost spay/neuter resources. However, the Grand Jury found that some of the listed phone numbers are incorrect and for those that are correct, some of the listed prices are incorrect. Providing a low/no cost spay/neuter clinic would provide a great service to the community, decrease overpopulation of animals, and decrease the potential euthanasia of cats and dogs.
Trap, Neuter and Return
OCAC began a pilot Trap, Neuter, and Return (TNR) program for cats in 2013 and over the following years saw cat intake and euthanasia decrease dramatically. TNR has been shown to be the most humane, efficient way of stabilizing feral and community cat populations. TNR is an animal control program practiced by many animal shelters throughout the United States and the State of California. Prior to April 2020, the Orange County Animal Shelter had an active Trap, Neuter, and Return program.
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OCAC’s TNR program was a cooperative endeavor that depended and relied on the efforts of participating non-profit rescue organizations and individual members of the community. Both OCAC and community participants worked together to make the TNR program successful. Non-profits and interested members of the animal welfare community performed the field work necessary to trap feral and community cats and transport the cats to the shelter. OCAC received the animals, performed the spay and neuter procedure, vaccinated the animals, and treated them for injuries or disease.
When the animals were healthy, fit, and ready for return to their outdoor home, the same non-profit organization or community members retrieved the cats from the shelter and returned them to the same location from which they were trapped.
OCAC only provided TNR related services within its shelter facility and did not participate in locating, trapping, or returning the animals to the location from where they were trapped. However, OCAC played an integral role in the TNR process. When OCAC’s participation in the TNR program ended, TNR within the county effectively ceased.
OCAC’s TNR program was popular among many local animal welfare groups and individuals and is a necessary element to the continuance of a viable TNR program throughout the county.
The Grand Jury recognizes there is disagreement among animal control and welfare advocates whether TNR is effective in reducing feral and community cat populations, whether TNR serves the best interest of the individual animal, and whether TNR is an environmentally sound practice. In Orange County at least, there apparently is also disagreement whether TNR programs violate a provision of the California Penal Code dealing with malicious mischief.
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California Penal Code Section 597s states:
(a) Every person who willfully abandons any animal is guilty of a misdemeanor. (b) This section shall not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game.
As best as the Grand Jury can determine, the validity of California Penal Code Section 597s or its interpretation or application has never been adjudicated in a reported California court decision. According to a report published by the American Bar Association, it is questionable whether a bona fide TNR program, in which animals are returned to the same location where they were trapped, constitutes willful abandonment.
In or about late 2019/early 2020, OCAC received a cease-and-desist complaint demanding that it end its participation in the TNR program. OCAC referred the complaint to OC County Counsel. County Counsel reviewed and responded to the referral in an opinion. The Grand Jury went to great lengths to obtain a copy of County Counsel’s opinion, to no avail. The Grand Jury requested a copy of the opinion from OCAC, the County Counsel, the Orange County Board of Supervisors, and Orange County Public Resources. As of the publication of this report, the Grand Jury was not able to acquire a copy of County Counsel’s opinion. The Grand Jury was informed that OCCR and OCAC management were advised they could be held personally liable for any legal action arising out of continuance of the TNR program. OCAC’s TNR program was terminated in or about April 2020.
Euthanasia Report
OCAC keeps detailed records of each animal it euthanizes. The Grand Jury reviewed a comprehensive list of all euthanasia outcomes at the shelter spanning the period August 19, 2018 through December 4, 2022. The shelter euthanized 11,143 animals during that period. Of the euthanized animals, 5,123 were identified as either domestic cats or dogs. (Feral cats are classified as domestic animals.) The remaining 6,020 euthanized animals included other domestic and/or non-domesticated animals.
OCAC’s records identify every euthanized animal’s date of euthanasia, estimated age, sex, species, breed, and the reason for euthanasia. Estimated animal ages span one day to 50 years. Species span domestic cats and dogs to domestic and/or non- domesticated animals such as snakes, birds, opossums, bats, rabbits, raccoons, skunks, lizards, rats, squirrels, coyotes, deer, and more. Reasons for euthanasia are varied and include irredeemable suffering, Head Test (rabies), disease, behavior, age, species (public safety), and owner request.
Asilomar Reports
In 2004, leaders representing national organizations and industry stakeholders gathered to find common ground in the animal welfare field. Together, they wrote the Asilomar Accords, which establishes common definitions and a standardized way of reporting shelter statistics. Asilomar reports are statistical reports that animal shelters compile documenting their animal intakes and outcomes. The reports are aggregated into a national Shelter Animals Count National Database.
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OCAC compiles records and participates according to the Asilomar Accords data collection methods. The shelter publishes its Asilomar reports on its website. OCAC’s data includes statistics on monthly (pre-2021) and quarterly (post-2021) cat and dog intake and outcomes such as adoptions, transfers, returns to owner, and euthanasia.
Analysis of OCAC Data
The Grand Jury reviewed euthanasia and Asilomar outcomes to evaluate whether termination of the TNR program may have had any impact on euthanasia rates at the shelter. Possibly confounding the issue is the fact that COVID-19 restrictions were put into place about the same time the TNR program was terminated.
Figure 2 shows quarterly OCAC Asilomar adult cat TNR outcomes and adult cat euthanasia outcomes from the 3rd quarter of 2018 through the end of 2022. TNR rates are represented as a percent of total Asilomar outcomes. Euthanasia rates are represented as a percent of total Asilomar outcomes net of TNR outcomes. Juvenile cats are not included in the review because the shelter’s juvenile cat population varies widely with the season and, moreover, juveniles are not candidates for TNR.
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Figure 2 - Adult Cat Euthanasia Rates
Figure 2 illustrates that adult cat euthanasia rates increased at OCAC following the termination of the TNR program and the beginning of COVID-19 restrictions.
The average adult cat euthanasia rate in the period from the 3rd quarter of 2018 through the 1st quarter of 2020 (pre-TNR termination and COVID-19 restrictions) was 20.9%. The average adult cat euthanasia rate in the period from the 2nd quarter of 2020 through the end of 2022 (post-TNR and COVID-19) was 28.8%. The increase in the rate of adult cat euthanasia following TNR/COVID-19 is 38% over the previous period. The increase is statistically significant. (See Appendix 1)
To evaluate whether circumstances related to COVID-19 accounted for the increase in euthanasia rates, the rates from the post-COVID-19/post-TNR termination were compared to the rates pre-COVID-19/pre-TNR termination. Again, the average adult cat Comparing adult cat euthanasia rates pre-TNR
and post-TNR … the termination of the TNR
program correlate to an increase in adult cat
euthanasia rate at the shelter.
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euthanasia rate before COVID-19 and during the TNR program was 20.9%. The average adult cat euthanasia rate after COVID-19 restrictions were lifted but still during the termination of the TNR program (Q3 2021 – Q4 2022) was 25.4%. The increase in the rate of adult cat euthanasia following termination of the TNR program but after COVID- 19 restrictions were lifted is 21% over the pre-TNR termination/pre-COVID-19 restrictions rate. Again, the increase is statistically significant.
Comparing adult cat euthanasia rates pre-TNR and post-TNR and pre- and post-COVID- 19 restrictions, it appears both COVID-19 restrictions and the termination of the TNR program correlate to an increase in adult cat euthanasia rate at the shelter.
Dog Euthanasia:
OCAC euthanizes animals for a variety of reasons, including but not limited to injuries beyond redemptive medical care, age, and behavior. When OCAC euthanizes a dog for medical reasons, the Chief Veterinarian or a staff veterinarian must approve the procedure. In the case of behavior-related euthanasia, approval is determined by a five- member Behavior Evaluation Committee.
OCAC euthanizes dogs that are determined to have irredeemable behavioral issues, including displays of aggression toward people or other animals, bites, and severe kennel stress. The five members of the Behavior Evaluation Committee include staff members representing Field Operations, Animal Services Operations, the Community Outreach team, the Chief Veterinarian, and a representative from senior management.
While there are five staff members represented on the Behavior Evaluation Committee, only three participants are voting members. The Chief Veterinarian and the member from senior management serve only as advisory members. A majority of the three voting members of the committee must approve a behavioral euthanasia – that is, at least two of the three voting members must approve.
OCAC’s Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time.
Behavior-evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards. The voting members of the Behavior Evaluation Committee may evaluate behavior based on their own observations and/or on the written reports of other staff members. The voting members are not required to directly observe a dog’s behavior, and in some cases have not made direct observation, but they do have access to video documentation of a dog’s behavior. Voting members come to their own conclusions based on their own understanding of dog behavior and rehabilitative potential.
OCAC does not have a professional licensed, trained, or certified animal behaviorist on staff to oversee the dog enrichment programs, resulting in dogs with declining behavior being placed at greater risk of being euthanized. Voting members of the Behavior Evaluation Committee are not required to certify or participate in animal behavior education programs. The Behavior Evaluation Committee meets once per week and participation of the voting member from any one of the three voting departments may be Item: 12
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delegated to a lesser experienced staff member when the regular voting member is unavailable.
The Grand Jury reviewed dog behavior-related euthanasia data and Asilomar outcomes from the fourth quarter of 2018 to the third quarter of 2022 to evaluate the nature of dog behavioral euthanasia at the shelter over time. The chart below shows quarterly dog behavior euthanasia at OCAC for the third quarter of 2018 through the third quarter of 2022. Euthanasia rates are represented as a percent of total dog Asilomar outcomes by quarter. Juvenile dogs are included in the review because the shelter’s juvenile dog population is subject to behavioral euthanasia. The Grand Jury found that for the dogs euthanized for behavior during the period under review, 7.4% of the dogs were no more than 6 months old and 14.2% were less than 1 year old. The Grand Jury was unable to determine why dogs less than one year in age would warrant behavioral euthanasia.
Figure 3 - Dog Euthanasia Rates (Behavioral)
Dog behavioral euthanasia rates increase at OC Animal Care between the second and third quarters in 2021
Figure 3 illustrates that dog behavior-related euthanasia rates increased at OCAC between the second and third quarters of 2021. The average dog behavioral euthanasia rate prior to the end of the second quarter of 2021 was 1.19% of all dog Asilomar outcomes. Beginning in the third quarter of 2021 and through the third quarter of 2022, the average dog behavioral euthanasia rate increased to 3.41% of all dog Asilomar outcomes, an increase of 187%. The increase is statistically significant. (See Appendix 2)
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Impediments to the Investigation
The Grand Jury’s function is to investigate the operation of the various officers, departments, and agencies of the local government.
Article 1, Section 23 of the California Constitution states:
“One or more grand juries shall be drawn and summoned at least once a year in each county.”
Provisions of the California Penal Code define the scope and limitations of a grand jury’s authority:
Penal Code Section 916:
… Rules of procedure shall include guidelines for that grand jury to ensure that all findings included in its final reports are supported by documented evidence, including … official records, or interviews attended by no fewer than two grand jurors and that all problems identified in a final report are accompanied by suggested means for their resolution, including financial, when applicable.
Penal Code Section 921:
The grand jury is entitled to … the examination, without charge, of all public records within the county.
Penal Code Section 925:
The grand jury shall investigate and report on the operations, accounts, and records of the officers, departments, or functions of the county … The investigations may be conducted on some selective basis each year …
Penal Code Section 925 (a):
The grand jury may, at all times, request the advice of the court, or the judge thereof, the district attorney, the county counsel, or the Attorney General … As a department of Orange County government, the County Counsel’s office provides legal counsel and services to the Orange County Board of Supervisors and all other Orange County departments and agencies, including the Grand Jury.
At the start of a Grand Jury’s one-year term, County Counsel assigns an individual attorney within its office to serve as the Grand Jury’s primary attorney. Because the individual serving as the Grand Jury’s counsel is also assigned to other departments or agencies within Orange County government, there is the potential for the Grand Jury’s designated primary counsel to have a conflict of interest when the Grand Jury investigates a department or agency otherwise served by the primary attorney. To ensure continuity of legal service to the Grand Jury, the County Counsel’s office also assigns a back-up attorney that provides service to the Grand Jury when the primary counsel is conflicted. The back-up attorney is selected so that at least the primary or Item: 12
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back-up would not have a disabling conflict – that is, one or the other would be available to serve the Grand Jury in any investigation not directly related to the County Counsel’s office itself. Back-up counsel advises the Grand Jury on those matters only when the primary attorney is conflicted.
Early during its one-year term and early in its investigation, the Grand Jury learned that its primary counsel had a conflict of interest with its investigation of OCAC. The County Counsel’s office explained, and the Grand Jury understood, that the services of the County Counsel’s office would continue through the back-up attorney assigned for such circumstances. Initially, during the early stages of its OCAC investigation, the Grand Jury received the legal advice and assistance of the back-up attorney in the County Counsel’s office.
Later during its investigation of OCAC, the Grand Jury inquired into the shelter’s prior TNR program and the program’s termination in early 2020. The Grand Jury learned the program was terminated after a cease-and-desist demand to stop the program was received from a lone individual residing outside of Orange County. The Grand Jury was informed that the County Counsel’s office, in response to a request by OCAC to review the cease-and-desist demand, issued an opinion to the Orange County Board of Supervisors and OCAC about the shelter’s TNR program that evidently led to a direction to terminate the program.
In the course of the Grand Jury’s investigation, including interviews with OCAC and OCCR staff and leadership, the County Counsel’s office and its opinion were repeatedly cited as being the source of the decision to stop the TNR program.
The Grand Jury understands County Counsel’s role is to provide advice and counsel to the Board of Supervisors, County departments, and various County agencies, but that it has no decision-making authority over any division of County governance, except regarding its own internal functions. While the Grand Jury was skeptical that the County Counsel’s office actually made, or had the authority to make, the decision to terminate the TNR program, the Grand Jury nevertheless understood that the County Counsel’s opinion was pivotal to the decision. Therefore, the Grand Jury requested a copy of the opinion to learn if there was a clear impediment to or prohibition on a possible renewal of the TNR program.
The Grand Jury requested a copy of the opinion from interviewees who were privy to the document or its contents. In addition, the Grand Jury asked the County Counsel’s office for a copy of the opinion. In every instance, those requested told the Grand Jury the opinion is a privileged communication between the County Counsel’s office and the Board of Supervisors and that only the Board of Supervisors has authority to release the document. Finally, the Grand Jury asked the Board of Supervisors, through its Chair, for Grand Jury: Who was the decision maker?
Answer: “The County Counsel.”
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a copy of the opinion or alternatively for an identification of the legal authority reviewed in studying the issue, and stated the confidentiality of the document would be maintained, whereupon the Board of Supervisors declined to consider or include the request in its meeting agenda. Unfortunately, and not through a lack of trying, the Grand Jury has been unable to review or assess the basis of the opinion.
During the Grand Jury’s interviews, when various levels of leadership within OCAC asserted that County Counsel made the decision to terminate the TNR program, the Grand Jury always expressed its skepticism and inquired as to how County Counsel, an advisor to the County and OCAC, and only an advisor, could be making policy decisions for OCAC? The Grand Jury inquired and pressed its interviewees, asking if it was, in fact, a decision made at some level within OCAC’s leadership, or by OCCR, or by the Board of Supervisors. When pressed, in every case, each interviewee modified their explanation and affirmed the decision had been theirs or that they had taken part in the decision, each taking personal responsibility for the decision.
The Grand Jury was determined to obtain documentation of the decision as it continued to press for a copy of the County Counsel’s opinion, The Grand Jury then requested all internal OCAC communications documenting the decision and/or order to stop the TNR program. The Grand Jury requested departmental communications instructing staff to stand down from the TNR program, whether from the OCCR to OCAC, OCAC to animal shelter leadership, or animal shelter leadership to shelter staff.
Departmental communications about the TNR program are policy and procedure communications. The Grand Jury assumed that departmental communications would point to how and by whom the decision was made. The Grand Jury understands such communications are public records, not privileged communications. Nevertheless, the Grand Jury’s request for documentation was denied by OCAC with the reason that such communications were privileged.
Coincidental to the Grand Jury’s efforts to obtain a copy of the County Counsel’s opinion, at the end of 2022, the County Counsel’s office detached itself altogether from all matters related to the Grand Jury’s investigation of OCAC. The County Counsel’s office informed the Superior Court and the Grand Jury that its entire office was “conflicted” with regard to the investigation into OCAC and would recuse itself from assisting the Grand Jury in its investigation into all matters related to OCAC. No back-up attorney was provided and all communications ceased.
Of note, the Grand Jury’s investigation was not an investigation of the County Counsel’s office. Rather, the Grand Jury was investigating an Orange County agency, a client of the County Counsel, just as every Grand Jury investigation into County agencies represents an investigation into clients of the County Counsel. When the County Counsel’s office recused itself from the Grand Jury’s OCAC investigation, it did not explain or cite any specific aspect of the OCAC investigation that makes it exceptional from any other of the ongoing Grand Jury investigations into County departments or agencies.
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were directed toward arranging for alternative outside counsel at the recommendation and with the support of the Superior Court. After losing approximately six weeks, the Grand Jury was able to engage alternative outside counsel in early February of 2023.
As of the publication of this report, the Grand Jury was not able to confirm the logic, reasoning, or basis of the County Counsel’s opinion, or even whether in fact the County Counsel advised against the continuance of the TNR program. Moreover, the Grand Jury cannot confirm whether, or who, or at what level of authority, within the County government the decision to end TNR emanated. As a consequence, the Grand Jury cannot verify that any such decision was ever actually made, or communicated at any level of authority, by anyone within Orange County’s governing hierarchy and, more importantly, why any such decision was made. The only fact the Grand Jury can confirm with any confidence is that the TNR program was terminated in or about early 2020.
CONCLUSION
OCAC has been a source of public concern since the 1990s, with five previous Orange County Grand Jury reports and an Orange County Performance Audit detailing troubling conditions at the OCAC shelter. This Grand Jury report shines a light on deficiencies at the shelter still needing resolution. The Grand Jury believes that if the recommendations included in this report are implemented:
• I nternal and external communications at OCAC will improve. • T he reallocation of staffing positions within the organization, increasing the number of Animal Care Attendant positions and employing an animal behaviorist or trainer, will improve general animal welfare at the shelter. • I mprovements in the timely filling of staff vacancies will enhance shelter operations and overall staff morale.
• The adoption process will be more public-friendly, leading to more adoptions. • The behavioral euthanasia decision process will be standardized, articulated, and documented, leading to consistent behavioral euthanasia outcomes. • The shelter’s Policies and Procedures will be correct and up to date. • OCAC and Orange County rescue organizations and animal advocates can work toward mending their relations for the welfare of the animals. • T he shelter’s TNR program will be re-evaluated, reconsidered and reinstated. • The shelter’s volunteers will be more integrated into the shelter’s personnel team and communications.
The Grand Jury conducted many interviews with shelter personnel. The Grand Jury is very impressed with their sense of dedication and earnest concern for the welfare of shelter animals.
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FINDINGS
In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) Responses from each agency affected by the Findings presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court.
Based on its investigation titled, “Gimme Shelter and a Pound of Advice, The State of Animal Welfare Overseen by the County of Orange,” the 2022-2023 Grand Jury has arrived at seventeen Findings, as follows:
Management:
F1 Management has limited flexibility utilizing personnel within Orange County Animal Care across departments due to structured work rules, volunteer work restrictions, and employees working in departmental silos.
F2 Low staff morale exists within Orange County Animal Care.
F3 Orange County Animal Care staffing is negatively impacted by vacant positions remaining unfilled for greater than six months due to burdensome hiring processes. This delay in recruitment and completion of hiring has resulted in qualified candidates declining job offers.
F4 Based upon industry standards and best practices, Orange County Animal Care kennel attendants are understaffed to meet the needs of animals under care.
F5 Orange County Animal Care’s operating policies and procedures manual is out of date.
F6 The Orange County Animal Care Volunteer program was stopped during COVID-19 and restarting the program has been slow, resulting in decreased animal socialization and enrichment.
Animal Welfare
F7 Orange County Animal Care’s Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time. Behavior evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards.
F8 The rate of behavioral euthanasia of dogs has increased significantly over the last 2 years.
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F9 Orange County Animal Care does not employ a professional or trained and certified animal behaviorist to oversee the shelter’s dog enrichment program, resulting in dogs with declining behavior being placed at greater risk of being euthanized.
F10 While many county and city animal shelters throughout the state have active Trap, Neuter, and Return programs, Orange County Animal Care stopped its Trap, Neuter, and Return program, reportedly on the basis of the County Counsel’s legal opinion that the program violates a California statute related to willful animal abandonment.
F11 The termination of the Trap, Neuter, and Return program is correlated with an increase in adult cat euthanasia rate at the shelter.
F12 There have been public concerns and requests expressed over the years for public programs to include a spay/neuter program by Orange County Animal Care.
Communication / Outreach
F13 The current adoption appointment system restricts public access to the dog kennels, thereby limiting potential adopters’ access to all available animals.
F14 Orange County Animal Care’s engagement with some animal rescue partners is negatively impacted due to differences of opinion in appropriate animal care policy.
F15 Internal and community engagement does not adequately communicate the shelter’s mission and operating strategy.
F16 The information currently on the Orange County Animal Care website for low- cost spay/neuter is not up to date with regard to referrals and prices for spay/neuter procedures.
Impediments to the Investigation
F17 The OC County Counsel’s office misstated to the Grand Jury the scope of its commitment to serving and assisting the Grand Jury in its investigations into County governance respecting managing conflicts between the Board of Supervisors, OC departments and agency clients, and the Grand Jury.
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RECOMMENDATIONS
In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) responses from each agency affected by the Recommendations presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court.
Based on its investigation titled “Gimme Shelter and a Pound of Advice, The State of Animal Welfare Overseen by the County of Orange,” the 2022-2023 Grand Jury makes the following seventeen recommendations:
Management:
R1 By October 1, 2023, OC Human Resource Services should review and update recruitment strategies to significantly increase the timeliness of recruitment of vacant positions and to anticipate vacancies due to retirement, resignations, transfers. (F3)
R2 By December 31, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should review hiring practices to facilitate process improvements to expedite filling OCAC vacancies. (F3) R3 By October 1, 2023, OC Community Resources and Orange County Animal Care should review their current staffing allocations of Animal Care Attendants to reflect NACA guidelines and to provide appropriate staffing allocations for animal care, feeding and enrichment. (F3, F4)
R4 By October 1, 2023, OC Community Resources and Orange County Animal Care should review their current staffing allocations of all positions within the OCAC and reallocate resources to increase Animal Care Attendants to reflect NACA guidelines to provide appropriate staffing for animal care, feeding, and enrichment. (F3, F4)
R5 By December 31, 2023, Orange County Animal Care management should review and update policies, procedures, guidelines, and practices to assure they are accurate and reflect current operating practices. (F5) R6 By June 30, 2024, the Board of Supervisors should evaluate the strategic option of creating a Joint Powers Authority for the County and fourteen contract Cities to take ownership and shared responsibility for the financial and operating policies and practices of OCAC. (F1 thru F16)
Welfare
R7 By October 1, 2023, Orange County Animal Care management should establish written guidelines, policies, and procedures as standards for evaluating animal behavior for use by the Behavior Evaluation Committee. (F5, F7) Item: 12
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R8 By December 31, 2023, in the interests of transparency, Orange County Animal Care management should add a representative from a rescue organization to serve as a non-voting, at-large member on the Behavior Evaluation Committee. (F7, F14)
R9 By December 31, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should hire an animal behaviorist or certified dog trainers to work with aggressive animals to reduce the high rate of dogs being euthanized and enhance their adoptability. (F8, F9) R10 By December 31, 2023, the Orange County Board of Supervisors and Orange County Animal Care management should request that County Counsel reconsider its opinion about the shelter's former Trap, Neuter, and Return program, or seek an independent second opinion to County Counsel’s opinion, to ascertain whether the program can be re-established, or a modified version of the program can be implemented. (F10, F11)
R11 By July 1, 2024, Orange County Animal Care should implement a low-cost public spay/neuter program. (F12)
Communication / Outreach
R12 By October 1, 2023, Orange County Animal Care management should hold all- hands staff meetings at least every quarter. (F1, F2)
R13 By October 1, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should conduct annual surveys of staff to monitor morale and identify opportunities for operational improvement. (F1, F2) R14 By December 31, 2023, Orange County Animal Care management should open the shelter to the public for walk throughs to maximize opportunities for the public to adopt animals under the care of the shelter. (F13) R15 By October 1, 2023, Orange County Animal Care management should look for new ways to be more inclusive and engaged with volunteers and the rescue organizations that are necessary for the shelter’s success. (F14, F15) R16 By October 1, 2023, Orange County Animal Care should schedule quarterly meetings with community stakeholders to facilitate transparency and engagement. (F14, F15)
R17 By October 1, 2023, Orange County Animal Care management should update the information currently on its website for low-cost spay/neuter of feral cats with regard to referrals and prices for spay/neuter procedures. (F16) Item: 12
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Impediments to the Investigation
R18 Beginning with the 2023/2024 Grand Jury training, and all training thereafter, County Counsel should provide detailed instruction about the circumstances under which the County Counsel’s office might recuse itself from assisting with Grand Jury investigations and the alternatives available to the Grand Jury under such circumstances. (F17)
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REQUIRED RESPONSES
California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official’s control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors.
Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows:
(a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
(c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those Item: 12
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budgetary /or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05 are required and requested from:
Findings – 90-day Response Required
Orange County Board of
Supervisors:
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12,
F13, F14, F15, F16, F17
City of Anaheim: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Brea: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Cypress: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Fountain Valley: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Fullerton: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Huntington Beach: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Lake Forest: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Orange: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Placentia: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of San Juan Capistrano: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Santa Ana: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Tustin: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Villa Park: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Yorba Linda: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 Item: 12
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Recommendations – 90-day Response Required
Orange County Board of
Supervisors:
R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12,
R13, R14, R15, R16, R17, R18
City of Anaheim: R6
City of Brea: R6
City of Cypress: R6
City of Fountain Valley: R6
City of Fullerton: R6
City of Huntington Beach: R6
City of Lake Forest: R6
City of Orange: R6
City of Placentia: R6
City of San Juan Capistrano: R6
City of Santa Ana: R6
City of Tustin: R6
City of Villa Park: R6
City of Yorba Linda: R6
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REQUESTED RESPONSES
Findings – 90-Day Response Requested
Orange County Animal Care: F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12, F13, F14, F15, F16
OC Human Resources
Services:
F1, F2, F3, F4, F9
Orange County County
Counsel:
F10, F11, F17
Recommendations – 90-Day Response Requested
Orange County Animal Care:
R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13,
R14, R15, R16, R17
OC Human Resources
Services:
R1, R2, R9, R13
Orange County County
Counsel:
R10, R18
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REFERENCES
American Bar Association, Tort, Trial, and Insurance Practice Section. “Report to the House of Delegates Resolution 102B.” 2017.Accessed September 30, 2022. American-Bar- Association-TNVR-report.pdf (maddiesfund.org)
American Society for the Prevention of Cruelty to Animals. “Asilomar Accords: Definitions.” 2004. Accessed January 28, .2023, Asilomar Accords: Definitions | ASPCA Association of Shelter Veterinarians “Shelter Terminology.” 2017. Accessed March 25, 2023, Microsoft Word - Shelter Terminology (sheltervet.org)
City of Garden Grove. “Ordinance NO. 2911”. 2019. Accessed January 28, 2023. 11-26- 19_cc_Ordinance_Amending_Animal_and_Fire_Dept_Related_Regulations.pdf City of West Hollywood. “An Ordinance of the City of West Hollywood Establishing a Trap- Neuter-Return Program for Community Cats; Amending the Language of the Municipal Code to Reflect a Change in Nomenclature From "Feral Cats" to Community Cats"; Updating Section 9.48.080 To Reflect the Current Code Provision Regarding Animal Noise and Determination that the Project is Exempt From CEQA.” November 4, 2019. “California Population.” Accessed March 22, 2023.
Orange County, California Population
2023 (worldpopulationreview.com)
Human Animal Support Services. “Animal Shelter Speak: Understanding Common Animal Services Jargon. 2023. Accessed March 25, 2023. Animal Shelter Speak: Understanding Common Animal Services Jargon - HASS (humananimalsupportservices.org) Newbury, Sandra et al. “Guidelines for Standards of Care in Animal Shelters. The Association of Shelter Veterinarians. 2010. shelter-standards-oct2011-wforward.pdf (sheltervet.org).
North Shore Animal League. “Did you Know?” 2011. Accessed February 24, 2023 cats- multiply-pyramid.pdf (animalleague.org)
Orange County Animal Care “Strategic Plan – 2018” accessed January 28, 2023. ocac_2018_strategic_plan.pdf (stayinalivelongbeach.org) Orange County. Office of Performance Audit. “Performance Audit of Orange County Animal Care.” Final Report (#141505). Orange County California, 2015. Microsoft Word - Animal Care Report (ocgov.com)
Orange County Grand Jury 2014-2015. “If Animals Could Talk About the Orange County Animal Shelter.” 2015. Accessed January 28, 2023. Shelter_Performance_V8R2_web.pdf (ocgrandjury.org)
Orange County Grand Jury 2014-2015. “The Orange County Animal Shelter: the Facility, the Function, the Future.” 2015. Accessed January 28, 2023. OC_animal_shelter.pdf (ocgrandjury.org).
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Orange County Grand Jury 2007-2008. “Is Orange County Going to the Dogs”. 2008. Accessed January 28, 2023. 2023, IS ORANGE COUNTY GOING TO THE DOGS (ocgrandjury.org) Orange County Grand Jury 2003-2004. “The Orange County Animal Shelter, Are Improvements Needed?” 2004. Accessed January 28, 2023. Microsoft Word - AnimalShelterReport draft 12a.doc (ocgrandjury.org).
Orange County Grand Jury 1999-2000. “We Can do Better…Improving Animal Care in Orange County.” 2000. Accessed January 28, 2023. FINAL.PDF (ocgrandjury.org) Item: 12
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APPENDIX 1
Table 1 - Adult Cat Euthanasia and TNR Rates by Quarter
Adult Cats Euthanized
as a % of Adult Cat
Asilomar Outcomes net
of TNR Outcomes
Adult Cat TNR
Outcomes as % of adult
Cat Asilomar Outcomes
2018 Q3 23.17% 40%
Q4 17.27% 36%
2019 Q1 17.42% 41%
Q2 26.81% 49%
Q3 24.95% 47%
Q4 18.77% 31%
2020 Q1 18.08% 37%
Q2 42.65% 5%
Q3 41.67% 4%
Q4 25.50% 1%
2021 Q1 27.50% 0%
Q2 27.31% 0%
Q3 25.86% 0%
Q4 23.21% 0%
2022 Q1 21.93% 0%
Q2 30.12% 0%
Q3 24.73% 0%
Q4 26.26% 0%
Table 2 - Adult Cat Euthanasia Sample T-Test
Adult Cats Euthanized as a % of Non-TNR Asilomar Outcomes Q3 2018 thru Q1 2020 vs. Q2 2020 thru Q4 2022
(TNR period vs. No TNR period)
t-Test: Two-Sample Assuming Unequal Variances
Q3 2018 to Q1
2020
Q2 2020 to End
of Year 2022
Mean 20.9% 28.8%
Variance 0.001571145 0.004841058
Observations 7 11
Hypothesized Mean Difference 0
df 16
t Stat -3.0532928
P(T<=t) one-tail 0.003793173
t Critical one-tail 1.745883676
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APPENDIX 2
Table 3 - Dog Behavioral Euthanasia Rates by Quarter
All Dogs Euthanized for Behavior
as % of all Adult Dog ASILOMAR Outcomes
Dogs
Euthanized
for Behavior
All Dog
Asilomar
Outcomes
% Dogs
Euthanized
2018 Q4 8 1356 0.59%
2019 Q1 21 1385 1.52%
Q2 15 1384 1.08%
Q3 15 1522 0.99%
Q4 16 1312 1.22%
2020 Q1 13 1146 1.13%
Q2 7 701 1.00%
Q3 13 817 1.59%
Q4 13 791 1.64%
2021 Q1 8 746 1.07%
Q2 10 824 1.21%
Q3 18 868 2.07%
Q4 49 882 5.56%
2022 Q1 27 956 2.82%
Q2 44 962 4.57%
Q3 23 1143 2.01%
Table 4 - Dog Behavioral Euthanasia Rates 2 Sample T-Test
All Dogs Euthanized for Behavior as a % of All Dog
ASILOMAR Outcomes Q4 2018 to Q2 2021 vs Q3 2021 to Q3 2022
t-Test: Two-Sample Assuming Unequal Variances
Q4 2018 to Q2
2021
Q3 2021 to Q3
2022
Mean 1.19% 3.41%
Variance 9.40995E-06 0.000251006
Observations 11 5
Hypothesized Mean Difference 0
df 4
t Stat -3.109244662
P(T<=t) one-tail 0.017949066
t Critical one-tail 2.131846786
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APPENDIX 3
Orange County Grand Jury Animal Shelter Contract City Survey
1. How long has your city been serviced by the Orange County Animal Shelter? a. What factors motivated the city to contract with the Orange County Animal Shelter?
2. What Services have you contracted for the Orange County Animal Shelter? (i.e., Shelter; Animal Control, Licensing, other)
3. What Animal control and care services does the city continue to reserve for itself or contract out to other agencies or vendors not with the Orange County Animal Shelter? (i.e., Control, Licensing, other)
4. How often is the city contract with the Orange County Animal Shelter reviewed and renewed?
5. Describe any regularly scheduled processes the city has in place to review the quality of service provided by the Orange County Animal Shelter.
a. Describe the measure or metrics the city uses when evaluating the Animal Shelter. Please provide a copy of the last review of the Animal Shelter conducted by the city.
b. Describe any review of the Orange County Animal Shelter and the services it provides as part of Shelter contract review and renewal? c. Who conducts Animal Shelter reviews for the city.
d. Are Animal Shelter reviews presented to the city council for their consideration?
6. Does your City have an appointed member of city staff to serve as liaison between the city and OC Animal Shelter management?
a. How frequently does your city meet with the OC Animal Shelter management?
7. As it relates to the sheltering and adoption services provided by the Orange County Animal Shelter(if any) describe your level of satisfaction or any concerns with the service and support.
8. As it relates to Animal Control services being provided (if any) describe your level of satisfaction or any concerns with the service and support.
9. As it relates to Licensing fees and processing (if any) describe your level of satisfaction or any concerns with the service and support.
10. How reasonable are the County fees for providing this service?
11. Have members of you community voiced any concern with Orange County Animal Shelter policies or practices.
a. Please provide the Grand Jury with the any of the city’s complaint logs or records pertaining to the Orange County Animal Shelter.
12. Are there any improvements in the service OC Animal Shelter provides or in the City’s relationship with the Shelter you would like to see?
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APPENDIX 4
Orange County Grand Jury Independent City Shelter Survey
1. How is the shelter organized and management governance accomplished at your Center?
2. How many cats, dogs and other animals can you shelter?
3. What services do you provide your local community?
4. How many total staff and volunteers are working or engaged with the shelter?
5. How many volunteers do you require on a daily or weekly basis? a. Do you have adequate volunteers?
6. Do you promote spay/neuter services to the members of your community? a. If yes, is there a cost to the individual?
7. From your perspective what are the challenges faced by your Center?
8. Does your center practice TNR (Trap Neuter Return)?
a. If no, was it ever in place and then discontinued - why? b. If yes, how effective is the program?
9. Does your center accept healthy cats and put them up for adoption? a. If yes, please describe the process.
10. What are the parameters that guide euthanasia at your shelter?
11. Do you have an animal behaviorist on staff? If no, why not?
12. Do you have any interaction with the Orange County Animal Shelter? a. If yes, please describe.
b. If no, why?
13. How is adoption handled in your center? (Adoption by appointment system, open visits, other)?
14. Do your adoption totals include totals transferred to rescues or does it apply only to private parties?
15. Please provide statistics (attachment) for your center (intake, adopted, transferred to shelter, euthanized, etc. by animal type for the current and past 3 years).
16. How does your center respond to complaints from the community and animal activists?
17. If tracked, please provide statistics on complaints you received.
18. Please provide intake statistics (by Cats and Dogs) for the current and 3 past years:
a. Strays
b. Relinquished by owner
c. Owner intended Euthanasia
d. Other Intakes
19. Please provide live outcomes statistics (by Cats and Dogs) for the current and 3 past years:
20. Adoptions
a. Return to Owner
b. Transferred to another agency
c. Returned to Field
21. Please provide other outcomes statistics (by Cats and Dogs) for the current and 3 past years:
a. Died in Care
b. Shelter Euthanasia
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APPENDIX 5
OCAC 4th Quarter 2022 Asilomar Report
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ABBREVIATIONS:
ABA: American Bar Association
ASPCA: The American Society for the Prevention of Cruelty to Animals ASV: Association of Shelter Veterinarians
CDPH: California Department of Public Health
HASS: Human Animal Support Services
HSUS: Human Society of the United States
OCAC: Orange County Animal Care
OCCR: OC Community Resources
OCGJ: Orange County Grand Jury
OCHRS: OC Human Resource Services
NACA: National Animal Control Association
NGA: Non-government Organization
TNR: Trap, Neuter, Return
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GLOSSARY:
Adoption Barriers
Policies or procedures that make adoption, fostering, or volunteering a challenge.
Asilomar
Asilomar refers to an animal welfare industry conference held at Asilomar in Pacific Grove, California. Statistical guidelines developed from this meeting became known as the Asilomar Accords. Participating shelters compile their own data into ‘Asilomar’ reports, publish their data, and forward their reports to Humane Rescue Alliance which compiles nationwide animal welfare statistics.
Behavior Dogs
Dogs identified as having challenging behaviors.
Capacity for Care
Capacity for Care is an organization’s ability to appropriately care for the animals it serves. This is based on a range of parameters including, but not limited to, the number of appropriate housing units; staffing for programs or services; staff training; average length of stay; and the total number of reclaims, adoptions, transfers, returns, or other outcomes.
Community Cat
An unowned cat can be social with people or not. A “Community Cat” is an umbrella definition that includes any outdoor, free roaming cat. These cats may be “Feral” (un- socialized) or friendly or may have been born into the wild. Usually, a Community Cat is a friendly cat.
Feral Cats
Feral cats are not socialized to, and are extremely fearful of, contact with people.
Typically, they do not respond well in captivity. A feral cat is typically born in the wild or outdoors with little to no human interaction. If you attempt to get too close or try to pet them, feral cats view your hand as a claw that will harm them and will hiss and/or run away. Feral cats are born from other ferals or from stray cats.
Kill / No Kill
Kill / No Kill refers to a shelter’s policy respecting euthanasia. A no kill shelter will not conduct euthanasia, with exceptions for humane reasons. Practices of no kill shelters vary along a spectrum that reject the use of euthanasia as a primary means of population control and health management. A kill shelter will conduct euthanasia for a variety of reasons that include animal control, medical and population control, and Item: 12
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behavior. Many municipal shelters are “kill” shelters as their mandates often include animal control.
Kitten Season
A busy time in the animal shelter world when feral and community cats have kittens. The season occurs during warm weather months. Also referred to as cat breeding season.
Typically kitten season is March-October but varies from place to place and in some areas is year-round.
Legal Retention
The number of days a shelter is required by law to hold an animal for recovery by owner prior to placing the animal for adoption, for sale, or euthanizing.
Live Outcome Types
Adoption: an animal is adopted
Return-to-Owner: an animal is returned to the custody of their human/s.
Transferred-Out: an animal is transferred to the custody of another organization.
Trap Neuter Return: an animal is returned to their habitat or community after being treated for medical conditions, including spay/neuter.
Return to Field: putting an animal back where it was found, often as part of a TNR program.
Live Release Rate (Asilomar Report)
Live Release Rate is the proportion of animals leaving the shelter alive to the total number of animals leaving alive plus the number of shelter directed euthanized animals.
Live outcomes are usually achieved through adoption, reclaim by owner, transfer to another agency or other life‐saving actions
Other Outcome Types
Died in Care: any animal who died while in the custody of the shelter, not by euthanasia.
Euthanized/Killed: any animal whose life was ended purposefully while in custody of the organization.
Rescue Groups
Rescue Groups are often operated by a network of foster home‐based volunteers that may or may not be associated with a standing facility. These organizations often accept difficult‐to‐adopt animals from other shelters and may transfer them or facilitate adoptions outside of the shelter setting.
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Return to the Field
An animal who has been returned to its home or habitat. Also referred to as relocate, return to community, or return to wild.
Save Rate (Asilomar Report)
Save Rate is the proportion of animals leaving the shelter alive to the total number of animal outcomes.
Shelter Types
Municipal: an organization that provides the animal care services of a city, county, or cities or counties.
Municipal Contract: A private organization that provides contracted services for the animal care of a city, county, or cities or counties.
Rescue without a Municipal Contract: a private organization that has no affiliation to the city or county animal services.
Foster based Rescue without Shelter: an organization who houses all animals in its custody in foster homes.
Sanctuary: An organization that offers animals a place to live out the remainder of their life. Sometimes sanctuaries offer the option of adoption placement.
Animal welfare sanctuaries often offer this space for animals that have exhausted all other local resources, as an alternative to death.
Stray Hold
The number of days a shelter must hold a stray animal before determining the outcome, as determined by local ordinances. These vary from place to place.
TNR (Trap‐Neuter‐Return)
TNR (Trap‐Neuter‐Return) refers to an approach for managing community cats that is an alternative to shelter impoundment. In appropriately managed TNR programs, cats are humanely trapped and surgically sterilized, vaccinated, ear tipped, and returned to the location from where they were trapped.
TNR cats are often not taken into the custody of a spaying/neutering organization because they generally have established community colonies to which they are quickly returned. Community cat colonies are often under the care of a local human member of a community.
Treatable
Treatable means dogs and cats with medical or behavioral issues that can be rehabilitated and managed.
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Unhealthy and Untreatable
Unhealthy and untreatable means dogs and cats who, at or subsequent to the time they are taken into possession:
1. have a behavioral or temperamental characteristic that poses a health or safety risk or otherwise makes the animal unsuitable for placement as a pet, and are not likely to become healthy or treatable; or
2. are suffering from a disease, injury, or congenital or hereditary condition that adversely affects the animal’s health or is likely to adversely affect the animal’s health in the future, and are not likely to become healthy or treatable; or
3. are under the age of eight weeks and are not likely to become healthy or treatable, even if provided the care typically provided to pets by reasonable and caring pet guardians in the community.
DISCLAIMER
Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.
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ATTACHMENT 3
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CITY OF LAKE FOREST RESPONSES TO GRAND JURY FINDINGS
Note: the original Grand Jury findings are repeated below in italics. The City’s responses are in bold, with additional explanation and commentary in regular typeface. References to the “City” or the “respondent” refer to the City of Lake Forest.
F4 Based upon industry standards and best practices, Orange County Animal Care kennel attendants are understaffed to meet the needs of animals under care.
The respondent disagrees partially with the finding.
The City is not privy to OCAC’s precise staffing levels, nor does it have knowledge sufficient to opine whether those staffing levels are objectively adequate, or the standard for concluding whether animal needs are adequately “met” under OCAC’s care. The City notes the County of Orange’s (“County”) statement that Orange County Animal Care (“OCAC”) is working to fill vacancies.
F6 The Orange County Animal Care Volunteer program was stopped during COVID-19 and restarting the program has been slow, resulting in decreased animal socialization and enrichment.
The respondent agrees partially with the finding.
The City acknowledges certain volunteer programs were restricted during the COVID-19 pandemic. However, the City does not know what constitutes “slow” or what level of animal socialization and enrichment is sufficient to say it has not “decreased” as those terms are used in this finding. The City encourages the County to continue volunteer recruitment and training.
F7 Orange County Animal Care’ s Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time.
Behavior evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards.
The respondent disagrees partially with the finding.
The City’s contract with OCAC requires OCAC to operate pursuant to all governmental laws and regulations that apply to animal care services. However, the City is not privy to the OCAC Behavior Evaluation Committee’s deliberations and therefore cannot opine as to whether the Committee is operating as described in the Grand Jury’s report.
F8 The rate of behavioral euthanasia of dogs has increased significantly over the last 2 years.
The respondent agrees partially with the finding.
In 2022, one (1) City of Lake Forest adult dog was euthanized by OCAC, resulting in a 98.88% Asilomar Live Release Rate/Percentage. From January-June 2023, three (3) City of Lake Forest adult dogs were euthanized due to behavior (according to OCAC, all had a history of bites against Item: 12
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humans and two met the legal definition of “vicious”). This results in an 89.29% Asilomar Live Release Rate/Percentage. The City’s statistics show a notable increase by percentage for the first six months of 2023. The City also notes the OCAC dog save rate has remained stable over the past 2 years and well above the 90% called out in the OCAC Strategic Plan.
F9 Orange County Animal Care does not employ a professional or trained and certified animal behaviorist to oversee the shelter’ s dog enrichment program, resulting in dogs with declining behavior being placed at greater risk of being euthanized.
The respondent disagrees partially with the finding.
The City lacks information regarding “declining behavior” and the impact of an animal behaviorist sufficient to reach this conclusion.
F10 While many county and city animal shelters throughout the state have active Trap, Neuter, and Return programs, Orange County Animal Care stopped its Trap, Neuter, and Return program, reportedly on the basis of the County Counsel’ s legal opinion that the program violates a California statute related to willful animal abandonment.
The respondent disagrees partially with the finding.
The City has not independently assessed the prevalence of trap, neuter, return (“TNR”) programs throughout the State. However, City staff was informed by OCAC that the program was discontinued due to a legal opinion by County Counsel.
F11 The termination of the Trap, Neuter, and Return program is correlated with an increase in adult cat euthanasia rate at the shelter.
The respondent agrees with the finding.
The City of Lake Forest Animal Control Services Study 2006-07 noted that 140 cats from Lake Forest were euthanized between July 2006 and June 2007, totaling 61% of Lake Forest cat outcomes. While the live release rate for cats in 2022 was 92.96%, the City of Lake Forest remains supportive of OCAC reinstituting the Trap, Neuter, and Return program.
F12 There have been public concerns and requests expressed over the years for public programs to include a spay/neuter program by Orange County Animal Care.
The respondent disagrees partially with the finding.
The City is not independently aware of the requests for a spay/neuter program received by OCAC. However, the City is supportive of the County providing such a program. Since 2008, the City has sponsored the Lake Forest Responsible Pet Ownership Program which provides a $50 stipend toward the cost of spaying or neutering a pet.
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F13 The current adoption appointment system restricts public access to the dog kennels, thereby limiting potential adopters’ access to all available animals.
The respondent agrees with the finding.
The answer is inherent in the question. The question assumes that fewer individuals have on- demand access to animals for adoption because an appointment system is employed, as opposed to some other system. The City is pleased to see that OCAC has allowed access to some kennel areas two days per week and encourages OCAC to offer more public access.
F15 Internal and community engagement does not adequately communicate the shelter’ s mission and operating strategy.
The respondent disagrees partially with the finding.
The City lacks information sufficient to reach this conclusion. The City also notes that in the 2023 Community Satisfaction Survey prepared by True North Research for the City of Lake Forest, 86% of residents were satisfied with efforts to provide animal control services.
F16 The information currently on the Orange County Animal Care website for low-cost spay/neuter is not up to date with regard to referrals and prices for spay/neuter procedures.
The respondent disagrees partially with the finding.
A cursory review by City staff of the OCAC website did not reveal reference to low-cost spay/neuter services provided by third parties and associated prices.
RESPONSES TO RECOMMENDATIONS
R6 By June 30, 2024, the Board of Supervisors should evaluate the strategic option of creating a Joint Powers Authority for the County and fourteen contract Cities to take ownership and shared responsibility for the financial and operating policies and practices of OCAC. (F1 thru F16)
The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
This is a policy choice left to the County Board of Supervisors, over which the Grand Jury and the City do not exert control.
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ATTACHMENT 4
Item: 12
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RESPONSES TO GRAND JURY FINDINGS
Note: The original Grand Jury findings are repeated below in italics. The City’s responses are in bold, with additional explanation and commentary in regular typeface. References to the “City” refer to the City of Lake Forest.
F1 Group homes too close to one another contribute to the problems associated with overconcentration.
The respondent agrees with the finding.
The answer is inherent in the question. The question assumes that the homes are “too close,” which by definition constitutes overconcentration.
F2 Common nuisances are more likely and disruptive when sober living homes are concentrated in a small geographic area of a neighborhood.
The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
The City lacks knowledge and information sufficient to reach this conclusion. The answer may vary depending on the facts of each specific case. How large is each facility? How are they run? What regulations govern them? How close is “concentrated”? How small is “small”? The City does not assume that sober living homes of any type, of any size, regardless of how they are run, are, as a category, a disruptive source of nuisance F3 Some cities have successfully addressed and informed community members about the challenges faced in regulating group homes.
The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
The City lacks knowledge and information sufficient to reach this conclusion. The City does not know what all other cities do. Nor does the City have in-depth knowledge about what any other city might have done or not done to inform its residents about regulation of group homes. The City can only opine as to its own efforts. But it is unclear what successfully means in the context of this finding, as it is a subjective qualifier. Also, what does it mean to successfully address community members on this topic, versus successfully informing them? And what is meant by challenges? The City has taken steps to educate members of the public about federal and state laws that might apply to group homes, depending on the facts, but whether or not the City has been successful in those efforts remains unknown. We have no way to measure whether residents understand the law and its application to specific situations in the City or whether they are convinced of its wisdom from a policy matter.
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F4 Community satisfaction was minimal when cities took the traditional public comment approach towards addressing community complaints.
The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
The City lacks knowledge and information sufficient to reach this conclusion. It is unclear what is meant by community satisfaction or how this is measured. It is also not clear what is meant by the “traditional public comment approach.” F5 Cities are not utilizing police, fire, and code enforcement complaints as a means of locating and tracking Group Homes.
The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
The City lacks knowledge and information sufficient to reach this conclusion. The City cannot say with certainty what other cities do or don’t do. There might be some city or cities somewhere that do use these kinds of complaints to track Group Homes, but the City does not know this to be the case.
For its part, the City does not use police, fire, and code-enforcement complaints as a means of locating and tracking “Group Homes” per se. The City does not single out group-homes for regulation or tracking.
F6 Cities are inhibited from enacting and enforcing ordinances due to fears over the potential cost of litigation.
The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
The City lacks knowledge and information sufficient to reach this conclusion. The City cannot say with certainty what other cities do or don’t do. There might be some city or cities somewhere that chooses to not enact or enforce ordinances due to fears over potential litigation, but the City does not know this to be the case. What is meant here by inhibited? What kind of ordinances? The potential for litigation and associated costs are likely a factor in considering any new regulation.
For its part, the City does not single out group homes for particular regulation or tracking.
F7 Several cities have created an ordinance that requires a ministerial permit or registration to operate a group home, however many of these cities do not enforce their ordinances.
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The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
The City lacks knowledge and information sufficient to reach this conclusion. The City cannot say with certainty what other cities do or don’t do. There might be some city or cities somewhere that have adopted an ordinance that requires a ministerial permit or registration to operate a group home, and, if so, some of them might not be enforcing their ordinances.
For its part, the City does not single out group homes for particular regulation.
F8 City and County officials are deterred from regulating group homes by California Housing and Community Development’s housing element approval process.
The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
The City lacks knowledge and information sufficient to reach this conclusion. What is meant by deterred? Prevented or merely discouraged? Regardless, the City cannot say with certainty what motivates or deters officials in other cities or counties. The City has no knowledge of whether they are deterred from regulating group homes or, if they are, by what. There might be some city or county official somewhere who takes a different approach to regulating group homes based on HCD’s comments on housing elements.
The City cannot speak for them.
For its part, the City does not single out group homes for particular regulation, and the City strives to comply with the requirements of the Housing Element Law as it has been enacted.
F9 Cities have historically strategized and acted independently in addressing group home challenges and solutions.
The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
The City lacks knowledge and information sufficient to reach this conclusion. The findings itself presumes a certain view of group homes that the City does not necessarily understand. Regardless, the City cannot say with certainty what other cities do or don’t do. There might be some city or cities somewhere that have “historically strategized and acted independently in addressing group home challenges and solutions.” The City cannot speak for them.
For its part, the City does not single out group homes for particular regulation and acts independently to protect public health, safety, and welfare regardless of the nature of the Item: 12
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use or the identify or ability of occupants. The City strives to follow all applicable laws regardless of what other cities or counties might do.
F10 Well-operated group homes can integrate smoothly into neighborhoods.
The respondent agrees with the finding.
The answer is inherent in the question. The question assumes that the homes are “well- operated,” which by definition would result in “smooth” integration into a neighborhood if the home is also appropriately located and sized.
F11 There is a lack of regulatory oversight for the health and safety of residents of unlicensed group homes.
The respondent agrees with the finding.
The City is aware that there have been over-doses, over-dose-related deaths, and assaults and other abuses at some unlicensed group homes. By definition, these occurrences indicate inadequate on-site supervision and oversight. Appropriate governmental oversight can serve to encourage appropriate on-site supervision and oversight for the benefit of the vulnerable populations who reside in the homes. The City supports efforts to provide appropriate oversight of unlicensed group homes.
RESPONSES TO RECOMMENDATIONS
R1 Orange County cities and the County of Orange should address citizen concerns regarding group homes by providing an opportunity for an open dialog where an interdisciplinary panel of subject matter experts can share with attendees the challenges cities are facing in the management of group homes. To be implemented by July 1, 2024. (F3, F4)
The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
The City does not single out group homes for particular regulation. It is not reasonable to convene a panel on the challenges that a city faces in regulating group homes because it would imply that the City does single them out or that it is attempting to single them out for particular restrictions.
This is a policy choice left to the City under its police power, and the Grand Jury is not justified in attempting to impose it on the City.
R2 By December 31, 2024, Orange County cities and the County of Orange should collaborate in their efforts to create ordinances for the regulation of group homes, including the development of model ordinances. (F6, F7, F9) Item: 12
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The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
The City does not single out group homes for particular regulation. It is not reasonable to require the City to collaborate with other cities to regulate contrary to the City’s own policy direction.
This is a policy choice left to the City under its police power, and the Grand Jury is not justified in attempting to impose it on the City.
R3 Orange County cities and the County of Orange should pool resources for defense of lawsuits challenging group home ordinances. To be implemented by July 1, 2024. (F6, F8, F9)
The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
The City does not single out group homes for particular regulation. It is not reasonable to require the City to pool its resources with those of other cities to defend lawsuits against other cities challenging those other cities’ group-home ordinances based on those other cities’ different policies.
This is a policy choice left to the City under its police power, and the Grand Jury is not justified in attempting to impose it on the City.
R4 The County of Orange and Orange County cities should create a Task Force that includes representatives from OC cities, unincorporated areas, and other entities as appropriate and charge it with the responsibility of developing a plan to generate awareness among State legislators and regulators of the need for improved regulations and management standards to ensure health and safety for Group Home residents. To be implemented by July 1, 2024. (F2, F10, F11)
The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation.
The City would support a Task Force that helps ensure the health and safety of group- home residents. But it is up to the County to form and administer the Task Force. The City is willing to participate.
R5 Orange County cities and the County of Orange should modify code enforcement report data collection forms to include a searchable field that enables the identification of a residence operating as a group home. To be implemented by July 1, 2024. (F5, F7, F11) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
The City does not single out group homes for particular regulation or tracking. If the City receives a request for a waiver of generally applicable regulations based on an owner’s or Item: 12
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operator’s disability-related reasonable accommodation, in accordance with applicable law, the City makes note of that. But whether or not to track group homes per se, or residents of group homes per se or based on any other indicia of disability is contrary to the City’s own policy direction.
This is a policy choice left to the City under its police power, and the Grand Jury is not justified in attempting to impose it on the City.
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276
CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/15/2023
DEPARTMENT: City Manager
SUBJECT:
STRATEGIC PLAN QUARTERLY UPDATE
RECOMMENDED ACTION(S):
Receive and file.
EXECUTIVE SUMMARY:
On June 15, 2021, the City Council approved the City’s Strategic Business Plan covering Fiscal Years 2021-22 through 2027-28 (“Strategic Plan”). The Strategic Plan includes the major goals established by the City Council and a series of initiatives that facilitate progress towards each goal. The Strategic Plan’s Implementation Matrix includes 66 initiatives (Attachment 1). Each initiative has been assigned a lead department and a description of the funding source. The Implementation Matrix is updated every two years in conjunction with the development of the City’s two-year operating budget. On June 20, 2023, the City Council approved the 2023 Strategic Plan Update, which made significant revisions to the Implementation Matrix.
Each quarter, the City Manager’s Office provides an update to the City Council summarizing the progress made on the Strategic Plan during the preceding three months. This is the eighth quarterly report submitted to the City Council since the passage of the Strategic Plan in 2021. This is the final progress report to be delivered to the City Council for this two-year phase of the Strategic Plan. Since the Strategic Plan’s inception on June 15, 2021, the City has either started, completed, or made substantial progress on all of the initiatives in the Implementation Matrix. 6 of the 66 initiatives scheduled to be completed by the end of Fiscal Year 2022-23 have either been removed from the plan or revised and placed into the new Implementation Matrix pursuant to the 2023 Strategic Plan update.
BACKGROUND:
The City’s Strategic Plan was approved on June 15, 2021. The Strategic Plan was developed through a comprehensive public engagement process that Item: 13
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included residents, each commission, and the City Council. The Strategic Plan includes three major goals:
Goal A - Our livable City is well-planned, attractive, and safe.
Goal B – Our connected City is engaged, informed, and technologically current.
Goal C – Our healthy City government is sustainable and well-run with committed people.
The Strategic Plan’s Implementation Matrix includes 66 initiatives that are assigned to one of the three goals. Each of these initiatives facilitate progress towards one of the goals.
On June 20, 2023, the City Council approved the 2023 Strategic Plan Update, which made significant revisions to the Implementation Matrix. The new Implementation Matrix includes five initiatives that were revised and carried over from the previous Implementation Matrix. The new Implementation Matrix includes 80 initiatives. The City Council is scheduled to receive the first update related to the new Implementation Matrix in October 2023.
DISCUSSION:
The City Manager’s Office actively manages the City’s Strategic Plan, receiving periodic reports from departments to assess the progress made towards plan goals. Since the Strategic Plan’s inception in 2021, the City has either started, completed, or made substantial progress on all of the initiatives in the Implementation Matrix. The overall progress made on the Strategic Plan is illustrated in Attachment 1. The City Manager’s Office has selected two Strategic Plan initiatives to highlight for this quarterly report (Table 1).
Table 1: Year 2 Q4 Strategic Plan Quarterly Report
Initiative Description Update
SP#25 - Lake
Forest Geofence
Expand the use of the
City's Automated
License Plate Reader
System Cameras by
adding cameras at
major arterial
intersections or high
traffic areas near city
borders.
All major intersections and
thoroughfares are now covered
with ALRP cameras. 46 cameras
are fully active. 4 cameras are
pending installation on property
not owned by the City, which are
subject to MOU’s with the City of
Irvine and the County of Orange.
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Initiative Description Update
SP# 39 -
Accessibility
Enhancements
Expand and preserve
access to City Hall by
analyzing how
Census data may
impact resident
communication,
increase disability
accommodations, and
provide other services
to ensure broad
community
participation.
Google translate function placed
on City’s website offering
translation of City webpages in
Spanish, Arabic, and Chinese.
City Clerk inventoried the City’s
ADA auxiliary aids available for
disabled persons. City-owned
assistive listening devices were
simulated and tested in order to be
prepared for disability
accommodation requests the City
may receive in the future.
SP#47 - Asset
Inventory &
Management
System
The City will procure a
consultant to conduct
an inventory and
condition assessment
of city owned assets
in developing an
Asset Management
Plan.
Asset inventory system was
procured on February 1, 2022.
The inventory and condition
assessment are completed. Draft
Asset Management Plans are in
the final stages of review. Next
steps include transitioning these
plans to align work priorities with
budget expenditures in a strategic
manner that minimizes lifecycle
costs of the City’s physical assets.
SP#48 - Financial
Management
System
Procure and
implement a financial
management system
(ERP) to modernize
financial practices and
provide opportunities
for resident self-
service access to City
services.
The new InCode system has been
implemented and went live on
February 21, 2023. The new
system enhances internal
efficiencies and provides for better
compliance, record keeping, and
invoice processing.
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Initiative Description Update
SP#49 -
Document
Imaging and
Storage System
Procure a new
document retention
system to increase
public access to City
records.
Laserfiche system and
implementation consultant was
procured in August 2022. The
new system will allow the public to
access public records through the
City website. To date, documents
for Finance, City Clerk,
Redevelopment, Traffic and
Parking Commission and
Community Services Commission
have been migrated into
Laserfiche. Over the next year,
the remaining documents for all
other City departments will be
added.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
1. Strategic Plan Implementation Matrix
2. Strategic Plan Year 2 Q4 Progress Report
Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
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ATTACHMENT 1
²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׃ׁ
Implementation Matrix
²ɈȲƊɈƵǐǞƧ§ǶƊȁ
ׁׄ
Initiative
#/Title Initiative/Project Description
ׁح
׃ح
ׄح
ׅح
ׂ׆ح
Lake Forest
Transportation
Mitigation
Program
ׂح
wƵƊƮȌɩȺ
TraǏǏǞƧ
Mitigation
Program
Foothill
Circulation
Phasing Plan
New Traffic
Circulation/
Mobility Projects
Traffic Signal
Synchronization
Maintain “Good”
Pavement Condition
of the City’s Roads
Complete infrastructure projects that increase mobility and reduce congestion with Local IȌȲƵȺɈÀȲƊȁȺȯȌȲɈƊɈǞȌȁMitigation Ǐundspaid for by developments. - Lake Forest Rd & Rancho Pkwy (LFTM) (#PW 2020-06)
- El Toro Rd & Portola Pkwy/Santa Margarita Pkwy (LFTM) (# PW 2019-03) - Bake Pkwy & Irvine Blvd/Trabuco Rd (LFTM) (# PW 2019-02) - Bake Pkwy & Jeronimo Rd (LFTM) (# PW 2020-04)
- Lake Forest Dr & Jeronimo Rd (LFTM) (# PW 2020-03)
- Lake Forest Dr & Rockfield Blvd (LFTM) (# PW 2019-06)
- Los Alisos & Rockfield (LFTM) (# PW 2022-11)
- Lake Forest Dr & I-5 (LFTM/NITM) (# PW 2028-10)
- Bake Pkwy & Rockfield - not within City-limits (LFTM) (# PW 2028-11) Utilize developer-funded Foothill Circulation Phasing Plan (FCPP) to make various transpȌȲɈƊɈǞȌȁ improvements that reduce congestion and improve traffic flow. - Los Alisos Blvd/Muirlands Blvd Intersection Improvements (# PW 2019-07) - Jeronimo Rd Widening at El Toro Rd (# PW 2019-08)
- El Toro Rd Raised Medians from Jeronimo Rd to Trabuco Rd (# PW 2020-07) Projects which increase mobility and implement new approaches to traffic circulation. - Protective Permissive Left Turn Project (# PW 2023-03) - Audible Pedestrian Signals (APS) (# PW 2023-0ׂ)
Increase Bike Lanes in Lake Forest (# PW 2020-05B)
- Trabuco Rd Ascension Cemetery Left Turn Holding Pocket (# PW 2025-02) Utilize grants and other transpȌrɈation funds to complete traffic signal synchronization projects that provide more efficient traffic flow. - Alton Pkwy (# PW 2020-16)
- Portola Pkwy (# PW 2020-15)
- Rockfield Blvd (# PW 2023-04)
Use Meadows Traffic Improvement Funds (MTIF) to manage impacts related to the Meadows development.
- Bake Pkwy/Baffin Bay Intersection Improvements (# PW 2020-19) - Bake Pkwy/Toledo Way Intersection Improvements (# PW 2020-18) Construct pavement rehabilitation projects to repair and maintain the quality of the roads (# PW 2021-05A/B, # PW 2022-05A/B, # PW 2023-05A/B, # PW 2024-05A/B, # PW 2025-05A/B, # PW 2026-05A/B, # PW 2027-05A/B, # PW 2027ٌ8-05A/B).
Goal A Our livable City is well-planned, attractive, and safe.
Priority Area 1 - Well-Planned: Purposeful direction in land use and transportation planning create a community future generations will value.
Strategy (a): Prioritize initiatives to reduce traffic congestion, improve mobility, and manage on-street parking.
²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׁׅ
Lead
Department
Budget
Impact Fund Estimated Completion Date
Public
Works
Public
Works
Public
Works
Public
Works
Public
Works
Public
Works
$8,948,400
$2,475,000
$5,025,000
$1,415,000
$525,000
$28,000,000
LFTM/NITM
Meadows
Traffic
Improvement
Funds
General Fund/
CDBG/M2/SB1
Gas Tax,
AQMD, and
Grants
Measure M2 Fair
Share/ Gas Tax - Road
Maintenance
Rehabilitation Account
/ Gas Tax / City Road
Infrastructure Fund
FCCP
FY 2021-22 - FY 2025-26
FY 2021-22 - FY 2025-26
FY 2021-22 - FY 2023-24
FY 2021-22 - FY 2027-28
FY 2022-23 - FY 2023-24
FY 2022-23 - FY 2023-24
׆ׁ
Initiative
#/Title Initiative/Project Description
׃׆ح
׆ح
ׇح
ح
׀ׁح
ׁׁح
ׁׂح
ׄ׆ح
׃ׁح
Arterial Median
Improvement
Project
Permit Parking
Software
General Plan
Implementation
Mixed-Use
Zoning
Housing Element
Update
Mandatory
Food Waste &
Commercial
Recycling
Mountain View
Affordable Housing
Project
Retail Attraction
Housing
Mandates
Installation of raised hardscaped medians would improve traffic safety. These locations include Trabuco Rd north of El Toro Rd, and on Rockfield Blvd south of Lake Forest Dr (# PW 2022-02).
Prepare objective design standards and development requirements to implement the Mixed-Use land designations included in the General Plan Update 2040. (ƵɨƵǶȌȯƊȁƮǞǿȯǶƵǿƵȁɈȯȲȌǐȲƊǿȺɈȌȯȲȌǿȌɈƵƵȁƵȲǐɯƧȌȁȺƵȲɨƊɈǞȌȁǞȁƧȌȁȺɈȲɐƧɈǞȌȁ §ȲȌƧɐȲƵƊƧȌȁȺɐǶɈƊȁɈɈȌƊȺȺǞȺɈɩǞɈǘǞǿȯǶƵǿƵȁɈǞȁǐƵȁƵȲǐɯ خ
Utilize grant funding to update required General Plan Element that provides analysis of housing needs and identifies sites to accommodate housing for all residents regardless of income (RHNA).
Develop SB 1383 compliant program. Provide organic waste collection for all residents and businesses, establish edible food recovery program, conduct public outreach and education, adopt an organics diversion ordinance with enforceable mechanisms, and adopt procurement policy that includes the use of recycled organics materials.
Work with City consultant(s) to retain and enhance business attraction services.
Mobile app to efficiently administer and enforce permit parking while improving resident experience for annual renewal and guest passes.
Develop public engagement plan related to the National CORE affordable housing development.
ƊȁƮȯȲȌǐȲƊǿȺɈȌƧȌǿȯǶɯɩǞɈǘ²ɈƊɈƵǿƊȁƮƊɈƵȺ
خ
Strategy (a): Prioritize initiatives to reduce traffic congestion, improve mobility, and manage on-street parking.
Strategy (b): Develop and implement initiatives that leverage changes in retail shopping preferences, telecommuting, and technology.
Strategy (c): Ensure that economic and housing initiatives provide opportunities for all residents.
Strategy (d): Strategically accommodate State mandates to ensure the highest level of local control, community involvement, and organizational effectiveness.
Strategy (e): Maintain business attraction services to bring new retail stores to the city. ²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׇׁ
Lead
Department
Budget
Impact Fund Estimated Completion Date
Public
Works
Public
Works
Public
Works/
Management
Services
Management
Services/
City Manager
Community
Development
Community
Development
Community
Development
Community
Development
Economic
Development
$225,000
$10,000
$75,000
$94,000
$15,000
$20,000
$3,000
Staff
Resources
$120,000
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
Gas Tax
General Fund
(Reimbursed through
LEAP Grant)
General Fund
(Reimbursed through
LEAP Grant)
FY 2023-24
FY 2022-23
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
On-going
ׁ
Initiative
#/Title Initiative/Project Description
ׅ׆ح
ׁׄح
ׁׅح
׆ׁح
ׇׁح
ׁح
ׁح
׆׆ح
Restaurant
Recovery
Citywide Street
Sign Refresh
Southwest
Lake Forest
Neighborhood
Task Force
Noise Ordinance
Update
Arbor Mini Parks
Park
Enhancements
Neighborhood
Park Renovations
- Phase 3
Open for Business
Campaign
Develop funding program to assist restaurants with economic recovery.
Create new street name sign design and replace street signs citywide, beginning in southwest Lake Forest (# PW 2021-06 and # PW 2022-06).
Interdepartmental task force to address neighborhood concerns identified in the January 2021 Community Satisfaction Study.
Renovate Lake Forest Park and the Nature Park based upon a community input process (# PW 2023-06).
Develop and implement noise mitigation strategies to protect residents from excessive exposure to noise.
Reactivate Arbor Mini Parks through new uses, perimeter fencing, and new landscape (# PW 2019-17).
Facilitate outdoor dining through local zoning and programs that support and promote open-air, take-out, and delivery options.
Strategy (f): Develop and implement initiatives to address negative economic impacts caused by COVID-19.
Strategy (a): Enhance the City’s overall visual character, maintain City assets, and proactively reinvest in Lake Forest.
Strategy (b): Consistently invest in the City’s park system.
Priority Area 2 - Attractive: Investment and maintenance in public facilities, infrastructure, and natural resources enhances visual character of the City and supports quality neighborhoods.
Complete various significant maintenance or enhancement projects to retain the high quality of the City’s park facilities.
- Playground Resurfacing Projects (# PW 2021-08)
- Heroes Park Electrical Repairs and LED/Efficiency Upgrades (# PW 2022-08) - El Toro Lodge Pole Fencing Repairs (# PW 2021-09)
- Park Gazebo Repair & Replacement (# PW 2022-09)
- Replace synthetic fields installed in 2014 at the Lake Forest Sports Park (# PW 2024-02) ²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׁ
Lead
Department
Budget
Impact Fund Estimated Completion Date
Economic
Development
City Manager/
Community
Development/
Public Works
Economic
Development
Community
Development
Public
Works
Public
Works
Public
Works
Staff
Resources
$70,000
$820,000
$600,000
$2,220,000
$75,000
TBD/$300k
Staff
Resources
General Fund/
TBD
General Fund/
CDBG/Prop 68
Park
Development Fund
General Fund
General Fund
General Fund
General Fund
General Fund
FY ׃ׂׂׂٌ׀ׂ
FY 2023-24
FY 2024-25
FY 2021-22
FY 2021-22
FY 2021-22 - FY 2024-25
FY 2021-22
FY 2022-23
Public
Works
׀ׂ
׀ׂح
ׂׄح
ׇׂح
ׁׂح
ׂׅح
ׂح
ׂح9
ح
׆ׂح
ׂׂح
׃ׂح
Assess Efficiency
Updates to
Lighting Citywide
Increase Law
Enforcement Contract
by Adding Two
Deputy Sheriffs
Neighborhood
Watch
Revamp Lake
Forest Leadership
Academy
Community Choice
Aggregation
Community
Engagement Project
Lake Forest
Geofence
Business Watch
Broadband
Feasibility Study
“Stay Safe Lake
Forest” Campaign
Craft Show and
Art Fair
Offer Recreation that
Reflects the Interests
of the Community
Comprehensively assess lighting at City facilities to determine if LED retrofitting can provide cost savings and increase light coverage.
Add two full-service deputies to the City’s contract with OCSD (first year costs: $800,000, ongoing costs: $600,000.
Increase participation and effectiveness of the neighborhood watch program.
Implement the City’s CCA Community Engagement Plan to help determine the City’s interest in pursuing CCA.
Expand the use of the City’s Automatic License Plate Reader System Cameras by adding cameras at major arterial intersections or high traffic areas near city borders.
Work in conjunction with OCSD to bolster/enhance OCSD’s business watch program for Lake Forest.
Launch an updated version of the Lake Forest Leadership Academy that includes modules for neighborhood watch, business watch, and homelessness.
Continue public education initiatives to maintain a low crime rate in the City such as ²ɈƊɯSafe Lake Forest, a series of community seminars to educate residents on crime prevention/safety.
Identify emerging recreation, sports, and activities that interest the community, such as pickleball tournaments.
Procure consultant to conduct feasibility study related to a City-led broadband initiative.
Strategy (c): Evaluate future options for the City’s infrastructure and utility resources.
Strategy (a): Maintain a low crime rate in a cost-effective manner.
Strategy (b): Maintain public safety by engaging community members.
Strategy (d): Provide civic and recreational opportunities appealing to community demographics.
Transform Community Center into boutique for crafts by Lake Forest artists and crafters.
Priority Area 3 - Safe: Excellent public safety efforts maintain a family-friendly environment and high quality of life.
Initiative
#/Title Initiative/Project Description
²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׁׂ
City Manager/
Economic
Development
Police Services
City Manager
Management
Services
Management
Services
Management
Services
Management
Services
$20,500
$80,000
$3,000
TBD
TBD
$85,000 (est.)
$0
$565,000
$800,000
Staff
Resources
Staff
Resources
General Fund
General Fund
General Fund
General Fund/
TBD
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
FY 2023-24
TBA
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
FY 2022-2023
FY 2021-22
FY 2021-22
FY 2021-22 & FY 2022-23
Public
Works
City Manager
Police Services
Police Services
Lead
Department
Budget
Impact Fund Estimated Completion Date
ׂׂ
׀׃ح
ׁ׃ح
ׂ׃ح
Local Hazard
Mitigation Plan
City AM
1690 Radio
Comprehensive
Emergency
Management Plan
Identify risks and vulnerability associated with natural disasters and develop long-term strategies for protecting people and property from future hazards.
Establish AM radio station to communicate with residents during wildfires or other emergency events. Emphasis on emergency preparedness.
Procure consultant services to produce a new, comprehensive emergency management plan.
Strategy (c): Develop comprehensive emergency management strategies that prepare the City to respond effectively to unpredictable events.
Initiative
#/Title
Initiative
#/Title
Initiative/Project Description
Initiative/Project Description
׃׃ح
ׄ׃ح
ׅ׃ح
׆׃ح
ׇ׃ح
׃ح
Explore Emerging
Technology
to Increase
Communication
New Website
2021 4th of July
Fireworks Show &
Summer Concert
Series
Lake Forest Sports
Park Tournaments
Resident-Led
Emergency
Preparedness
Literature and
Culture
Explore the use of new technologies to communicate with residents and businesses to encourage two-way connectivity.
Bring the community together to celebrate the 4th of July with a concert and fireworks show and reinstitute the City’s summer concert series.
Engage the community with a storytelling festival, author presentations for all ages, and reading contests.
Train graduates of CERT basic class to lead CERT program and launch Lake Forest amateur radio operators bimonthly meeting.
Increase number of tournaments from 11 to 24 annually.
Launch new City website.
Goal B
Our connected city is engaged, informed, and
technologically current.
Priority Area 1 - Engaged: Outreach, creative events, and programs inspire connection and engagement between the community and City government.
Strategy (a): Maintain a communications and marketing strategy, including two-way communication that enhances community engagement.
Strategy (b): Reinvigorate civic life in the post-COVID-19 environment via special events and programs.
²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ
׃ׂ
75,000
$3,000
$250,000
General Fund
General Fund
General Fund/
TBD
FY 2022-23
On-going
FY 2021-22
Community
Development
Management
Services
Management
Services
Management
Services
Management
Services
Management
Services
Management
Services
Management
Services
Management
Services
Lead
Department
Lead
Department
Budget
Impact
Budget
Impact
Fund
Fund
Estimated Completion Date
Estimated Completion Date
Staff
Resources
$65,000
$154,000
$5,000
TBD
$500
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
ׂׄ
׃ح
׃ׄح
ׄׄح
׀ׄح
ׁׄح
ׂׄح
Accessibility
Enhancements
Broadcast City
Commission
Meetings on LFTV
Expand “Pop Up”
City Hall
Lake Forest TV
Performing Arts
Advisory Committee
Redistricting
Expand and preserve access to City Hall by analyzing how Census data may impact resident communication, increase disability accommodations, and provide other services to ensure broad community participation.
Broadcast all commission meetings on LFTV, enabling all residents to view proceedings on COX ch. 851.
Transition from ad hoc “Pop Up City Hall” events to a regularly scheduled “Pop Up City Hall” allowing for promotion via the Leaflet.
Launch Lake Forest TV and develop content to increase opportunities for residents to learn about the City’s decision-making processes.
Form an advisory committee to the Community Services Commission to build upon the use ȌǏthe City’s Performing Arts Center.
Engage the community in the redistricting process based upon 2020 US Census.
Strategy (c): ȺƮƵƧǞȺǞȌȁǿƊDzǞȁǐȯȲȌƧƵȺȺȲƵǿƊǞȁȺƊƧƧƵȺȺǞƦǶƵɈȌƊǶǶ خ
Strategy (a): خ
Priority Area 2 - Informed: ÀȲƊȁȺȯƊȲƵȁƧɯƊƦȌɐɈƮƵƧǞȺǞȌȁǿƊDzǞȁǐƊȁƮ خ
Initiative
#/Title Initiative/Project Description
ׅׄح
׆ׄح
Measure Quality of
Services and Programs
Lake Forest Leadership
Academy -
Graduate Course
Continue biennial Community Satisfaction Study and utilize new technology to perform ad hoc surveys as needed.
Develop a graduate/continuing studies version of the Lake Forest Citizens’ Leadership Academy with an increased focus on important issues and to maintain resident “goodwill ambassadors.”
Strategy (b): Involve the public in measuring the quality and effectiveness in services delivered by the city.
ׇׄح
ׄح
ׄح
Asset Inventory &
Management System
Financial
Management System
Document Imaging
and Storage System
The City will procure a consultant to conduct an inventory and condition assessment of city owned assets in developǞȁǐan Asset Management Plan.
Procure a new document retention system to increase public access to City records.
Procure and implement a financial management system (ERP) to modernize financial practices and provide opportunities for resident self-service access to City services.
Strategy (a): Enhance efficiencies and services through technology.
Priority Area 3. Technologically Current: Innovative technologies enhance organizational efficiency and help our community.
²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׂׅ
City Clerk
City Clerk
Management
Services
Management
Services
Management
Services
Management
Services
TBD
TBD
$3,900
$70,000
$1,000
$2,000
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
FY 2023-24
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
Lead
Department
Budget
Impact Fund Estimated Completion Date
Management
Services
Management
Services
$48,900
$1,200
General Fund
General Fund
FY 2022-23
FY 2022-23
General Fund
Finance
Finance
City Clerk
$450,000
$100,000
$300,000 General
Fund/TBD
General
Fund/TBD
FY 2022-23
FY 2022-23
FY 2022-23
׆ׂ
Initiative
#/Title Initiative/Project Description
׀ׅح
ׁׅح
Strategy for “One
Time” Revenue
General Fund
Risk Reserve
Policy Update
Develop a strategy or policy with Audit Committee for determining how to appropriate one-time revenues (development fees, stimulus funds, etc.).
Update the City’s risk-based reserves policy to reflect long-term strategic planning goals.
Goal C
Our healthy city government is sustainable and well-run with committed people.
Priority Area 1 - Sustainable: Responsible financial policies and prudent decisions provide short-term fiscal stability and long-term financial health.
Strategy (a): Implement Financial Management and Budgetary Policy to maintain the financial integrity of the city.
ׂׅح
׃ׅح
Biennial Fee
Study
Implement “1%
Review”
Conduct a comparative analysis of City of Lake Forest fees vs fees chargeƮ for similar services Ǟȁ nearby communities.
Annually review certain services that obligate at least 1% of General Fund budget.
Strategy (b): Operate according to policy on cost recovery.
Strategy (c): Analyze major programs to identify potential cost savings and manage future costs.
ׅׄح
׆ׅح
ׅׅح
ׇׅح
Comprehensive
Update to
Purchasing Policies
Contract Staffing
Policy
Modernize
Document
Retention Policies
Implement
Telecommuting
Policy
Update the City’s Purchasing Policies and increase staff training to accurately identify contract scope to match services needed. Improve procurement document strategy.
Develop and implement policies that preserve the City’s ability to effectively manage services provided by contract staff.
Modernize the City’s document retention policies. Emphasize storage of electronic records over hard copies to preserve physical space. Update retention timelines.
Develop and implement a policy to facilitate telecommuting for select job classifications. Policy will include performance measurement framework.
Priority Area 2 - Well-Run: JȌȌƮǐȌɨƵȲȁƊȁƧƵƊȁƮȯȲȌǏƵȺȺǞȌȁƊǶǿƊȁƊǐƵǿƵȁɈ خ
Strategy (a): Continuously improve our effectiveness in procuring and managing financially sustainable contract services.
Strategy (b): Implement modern workplace policies that cultivate an effective, efficient workforce.
²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׇׂ
City Manager/
Finance
Finance
Lead
Department
Budget
Impact Fund Estimated Completion Date
Staff
Resources
Staff
Resources
General Fund
General Fund
FY 2021-22
FY 2021-22
Finance
City Manager
$49,500
Staff
Resources
General Fund
General Fund
FY 2020-21 - FY 2024-25
FY 2021-22, On-going
City Manager
City Clerk
ش
wƊȁƊǐƵǿƵȁɈ
²ƵȲɨǞƧƵȺ
Staff
Resources
Staff
Resources
Management
Services
TBD
TBD
General Fund
General Fund
General Fund
General Fund
FY 2021-22
FY 2022-23
FY 2024-25
FY 202ׁ2ׂ
28 SP#58
Lake Forest
Employee
Retention Program
Develop programs related to employee retention, including “stay” interviews, “ladder” promotion opportunities, and an employee satisfaction survey.
Strategy (a): Professionally develop and retain staff to match skills with organizational and community needs.
Priority Area 3- Committed People: Talented staff and contractors are vital assets to our organization and essential to effective and efficient City operations.
Initiative
#/Title Initiative/Project Description
SP#59
SP#60
SP#61
Join Team Lake
Forest
Develop
Lake Forest
Succession Plan
Biennial
Classification and
Compensation Plan
Market Lake Forest as a top notch employer, emphasizing modern facilities, innovate public sector compensation system, and succession planning.
Human Resources to implement a biennial classification and compensation study to (a) assess the staffing needs of the organization and (b) meet those staffing needs with competitive compensation plans.
Human resources to develop a comprehensive succession plan that includes training, academy courses, job shadowing, etc.
Strategy (b): Continuously assess the optimal staffing levels required to provide in- demand services to residents and businesses.
City of Lake Forest | Strategic Business Plan 29
$5,000Management
Services General Fund FY 2021-22
Management
Services
Management
Services
Management
Services
Lead
Department
Budget
Impact Fund Estimated Completion Date
Staff
Resources
Staff
Resources
$30,000 (for
full study)
General Fund
General Fund
General Fund
FY 2020-21
FY 2022-23
FY 2022-23 & FY 2024-25
ATTACHMENT 2
Item: 13
291
Goal
A
A
A
A
A
A
A
A
Initiative # Department Initiative Title Progress Q4 Y2 (Q8) Substantial Progress
Substantial Progress
Substantial Progress
Substantial Progress
Substantial Progress
Substantial Progress
Substantial Progress
Complete
SP#1
SP#2
SP#3
SP#4
SP#5
SP#62
SP#63
SP#6
Public Works
Public Works
Public Works
Public Works
Public Works
Public Works
Public Works
Public Works
Lake Forest Transportation Mitigation Program
Meadows Traffic Mitigation Program
Foothill Circulation Phasing Plan
New Traffic Circulation/Mobility Projects
Traffic Signal Synchronization
Maintain "Good" Pavement Condition of the City's Roads
Arterial Median Improvement Project
Permit Parking Software
A
A
A
SP#7
SP#8
SP#10
Community Development
Community Development
Community Development
General Plan Implementation
Mixed‐Use Zoning
Housing Element Update
Moved to FY 2023‐24 of new Strategic Plan
Complete
Complete
Public Works/Management
ServicesA SP#11 Mandatory Food Waste & Commercial Recycling Complete Management Services/City
ManagerA
A
A
A
A
A
A
A
A
A
A
A
SP#12
SP#13
SP#64
SP#65
SP#66
SP#14
SP#15
SP#16
SP#17
SP#18
SP#19
SP#20
Mountain View Affordable Housing Project
Housing Mandates
Retail Attraction
Complete
Complete
Complete
Complete
Complete
Substantial Progress
Complete
Substantial Progress
Substantial Progress
Substantial Progress
Anticipated Start 2024
Complete
Community Development
Economic Development
Economic Development
Economic Development
Public Works
City Manager
Community Development
Public Works
Restaurant Recovery
Open for Business Campaign
Citywide Street Sign Refresh
Southwest Lake Forest Neighborhood Task Force
Noise Ordinance Update
Arbor Mini Parks
Park EnhancementsPublic Works
Public Works
Public Works
Neighborhood Park Renovations ‐ Phase 3
Assess Efficiency Updates to Lighting Citywide
City Manager/ Economic
Development
City Manager
A
A
A
SP#21
SP#9
SP#22
Community Choice Aggregation Community Engagement Project Broadband Feasibility Study
Craft Show and Art Fair
Complete
Removed from Strategic Plan
CompleteManagement Services
A SP#23 Management Services Offer Recreation that Reflects the Interests of the Community Complete Revised to Needs Evaluation SP #80 in new
A
A
A
SP#24
SP#25
SP#26
City Manager
Police Services
Management Services
Increase Law Enforcement Contract by Adding Two Deputy Sheriffs Lake Forest Geofence
"Stay Safe Lake Forest" Campaign
Strategic Plan
Complete
Complete
Item: 13
292
A
A
A
SP#27
SP#28
SP#29
Police Services
Police Services
Management Services
Neighborhood Watch
Business Watch
Revamp Lake Forest Leadership Academy
Complete
Complete
Complete
A
A
A
B
SP#30
SP#31
SP#32
SP#33
Community Development
Management Services
Management Services
Management Services
Local Hazard Mitigation Plan
City AM 1690 Radio
Comprehensive Emergency Management Plan
Explore Emerging Technology to Increase Communication
Moved to FY 2023‐24 of new Strategic Plan
Complete
Complete
Complete
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
SP#34
SP#35
SP#36
SP#37
SP#38
SP#39
SP#40
SP#41
SP#42
SP#43
SP#44
SP#45
SP#46
SP#47
SP#48
SP#49
Management Services
Management Services
Management Services
Management Services
Management Services
City Clerk
Management Services
Management Services
City Clerk
Management Services
Management Services
Management Services
Management Services
Finance
New Website Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Substantial Progress
Complete
Complete
2021 4th of July Fireworks Show & Summer Concert Series Literature and Culture
Lake Forest Sports Park Tournaments
Resident‐Led Emergency Preparedness
Accessibility Enhancements
Lake Forest TV
Performing Arts Advisory Committee
Redistricting
Broadcast City Commission Meetings on LFTV
Expand "Pop Up" City Hall
Measure Quality of Services and Programs
Lake Forest Leadership' Academy ‐ Graduate Course
Asset Inventory & Management System
Financial Management System
Document Imaging and Storage System
Finance
City Clerk
C
C
C
C
C
C
C
SP#50
SP#51
SP#52
SP#53
SP#54
SP#55
SP#56
City Manager/Finance
Finance
Finance
City Manager
City Manager
Strategy for "One Time" Revenue
General Fund Risk Reserve Policy Update
Biennial Fee Study
Moved to FY 2023‐24 of new Strategic Plan
Complete
Started
Complete
Complete
Complete
Started
Implement "1% Review"
Comprehensive Update to Purchasing Policies
Modernize Document Retention Policies
Contract Staffing Policy
City Clerk
Management Services
City Manager/ Management
Services
Management Services
Management Services
Management Services
Management Services
C
C
C
C
C
SP#57
SP#58
SP#59
SP#60
SP#61
Implement Telecommuting Policy
Lake Forest Employee Retention Program
Join Team Lake Forest
Develop Lake Forest Succession Plan
Biennial Classification and Compensation Plan
Complete
Complete
Complete
Complete
Complete
Item: 13
293
Overall Progress (Quarterly Progress)
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0% Q1
6 Q2
10 19
23 14
Q3
14 25
16 11
Q4
22 23
12 9
Q5
28 24
4 Q6
33 21
6 Q7
41 17
3 Q8
47 11
2 Complete
Substantial Progress
Started
18 23
19Not Started/On Hold 10 6 5 6
Item: 13
294