AMENDED AGENDA
LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, January 7, 2025
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.
TRANSLATION SERVICE: Interpreters are available by request to members of the public that prefer to make their public comments in Spanish or Chinese. Requests for a translator need to be received by 8:00 a.m. the Monday before the scheduled City Council meeting. Such requests must be received via email at [email protected]
January 7, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 1 Los intérpretes están disponibles previa solicitud para el público que prefiera hacer sus comentarios públicos en español o chino. Las solicitudes de traductor deben recibirse antes de las 8:00 a. m. del lunes anterior a la reunión programada del Concejo Municipal. Dichas solicitudes deben recibirse por correo electrónico a [email protected]
如果大眾願意用西班牙語或中文發表公開評論,我們可應要求提供口譯服務。需要在預定市議會會議之前的周一
上午 8:00 之前收到翻譯請求。此類請求必須透過電子郵件收到:[email protected] Rúguǒ dàzhòng yuànyì yòng xībānyá yǔ huò zhōngwén fābiǎo gōngkāi pínglùn, wǒmen kě yīng yāoqiú tígōng k ǒuyì fúwù. Xūyào zài yùdìng shì yìhuì huìyì zhīqián de zhōuyī shàngwǔ 8:00 Zhīqián shōu dào fānyì qǐngqiú. Cǐ l èi qǐngqiú bìxū tòuguò diànzǐ yóujiàn shōu dào: [email protected] CALL TO ORDER:
Council Members:
Mayor Pro Tem:
Mayor:
City Manager:
City Attorney:
City Clerk:
6:30 p.m.
Doug Cirbo
Mark Tettemer
Benjamin Yu
Robert Pequeño
Scott Voigts
Debra Rose
Matthew E. Richardson
Lisa Berglund
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 Jeff Shields, 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 Scout Troop #4321.
REPORT FROM STUDENT LIAISON: Report from Maya Lowrey, Student Liaison from El Toro High School.
PRESENTATIONS (Item Nos. 1 – 5)
January 7, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 2
1. INSTALLATION OF MAYOR FOR 2025
RECOMMENDED ACTION: Hold the ceremonial oath of office.
2. COMMENTS BY INCOMING MAYOR
RECOMMENDED ACTION: Extend the opportunity to Mayor Voigts to present comments.
3. RECOGNITION OF EL TORO HIGH SCHOOL GIRLS CROSS COUNTRY TEAM
RECOMMENDED ACTION: Present certificates of recognition to the El Toro High School Girls Cross Country Team.
4. 2024 HOLIDAY LIGHTS COMPETITION
RECOMMENDED ACTION: Recognize 2024 Holiday Lights Competition Winner Linda MacPherson
5. 2024 B.E.S.T. AWARDS PROJECT OF THE YEAR JOINT SOLID WASTE
AGREEMENT PROCUREMENT
RECOMMENDED ACTION: Receive presentation.
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 in-person at the meeting will be asked to submit a request to speak to the City Clerk.
CONSENT CALENDAR (Item Nos. 6 – 13)
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.
January 7, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 3
6. 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.
7. MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL HELD ON DECEMBER 17, 2024
RECOMMENDED ACTION: Approve as submitted.
8. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON DECEMBER 17, 2024
RECOMMENDED ACTION: Approve as submitted.
9. SECOND AMENDMENT TO AGREEMENT WITH ARDURRA GROUP, INC.
FOR MUNICIPAL ENGINEERING/ STAFF AUGMENTATION SERVICES
RECOMMENDED ACTION: 1. Approve the Second Amendment to the Professional Services Agreement with Ardurra Group, Inc. for Municipal Engineering/ Staff Augmentation Services. 2. Authorize the Mayor to execute, and the City Clerk to attest, the Second Amendment to the Agreement with Ardurra Group, Inc., substantially in the form attached.
10. CONSIDERATION OF A SUMMARY VACATION OF AN IRREVOCABLE
OFFER OF DEDICATION IN GREENLEAF AND EMI WAY AND
ACCEPTANCE OF EASEMENTS IN PORTIONS OF EMI WAY,
GREENLEAF, AND LOPALA
RECOMMENDED ACTION: 1. Adopt Resolution entitled, “RESOLUTION
TO SUMMARILY VACATE AN IRREVOCABLE OFFER OF DEDICATION
FOR GREENLEAF AND EMI WA
Y, PURSUANT TO STREETS AND
HIGHWAYS CODE SECTION 8330, ET SEQ., ACCEPT EASEMENTS IN January 7, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 4
PORTIONS OF EMI WAY, GREENLEAF, AND LOPALA, AND FINDING
SUCH ACTIONS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT UNDER STATE CEQA GUIDELINES SECTION 15061(B) (3)”
11. APPROVAL OF FINAL TRACT MAP NO. 19299
RECOMMENDED ACTION: 1. Adopt a Resolution entitled: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 19299, CREATING A 57-NUMBERED AND 30-LETTERED LOT SUBDIVISION FOR SINGLE
FAMILY RESIDENTIAL PURPOSES ON 12.406 ACRES LOCATED ON
THE SOUTHWEST CORNER OF BAKE PARKWAY AND RANCHO
PARKWAY. 2. Approve the Subdivision Improvement Agreement with Toll West Inc., doing business as Toll Brothers West Inc., a Delaware Corporation, to construct the subdivision improvements associated with Final Tract Map No. 19299 and authorize the Mayor to execute and City Clerk to attest the agreement. 3. Accept the Subdivision Improvement Faithful Performance Bond and Subdivision Improvement Labor and Material Bond, each in the amount of $429,838.41, the Subdivision Improvement Warranty Bond in the amount of $42,983.84, and the Subdivision Improvement Monument Bond in the amount of $66,000 from Toll Brothers West Inc. for the construction of subdivision improvements.
12. NOTICE OF COMPLETION FOR ROCKFIELD BOULEVARD MEDIAN IMPROVEMENT PROJECT (24S09)
RECOMMENDED ACTION: 1. Find that I.E. General Engineering, Inc. has completed construction of the Rockfield Boulevard Median Improvement Project (24S09). 2. Approve the Notice of Completion and authorize the mayor to execute the document on behalf of the City. 3. Authorize City Clerk 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.
Authorize staff to release any unencumbered retention in accordance with California law.
13. NOTICE OF COMPLETION FOR SLURRY SEAL PROJECT FOR
January 7, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 5 ARTERIAL STREETS: MUIRLANDS BLVD. FROM BAKE PARKWAY TO
LOS ALISOS BLVD. AND JERONIMO ROAD FROM BAKE PARKWAY TO LOS ALISOS BLVD. (PW 2021-05B)
RECOMMENDED ACTION: 1. Find that VSS International, Inc. has completed construction of the Slurry Seal Project for Arterial Streets:
Muirlands Blvd. from Bake Parkway to Los Alisos Blvd. and Jeronimo Road from Bake Parkway to Los Alisos Blvd. (PW 2021-05B) 2. Approve the Notice of Completion and authorize the Mayor to execute the document on behalf of the City.3. Authorize the City Clerk to submit 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. Authorize staff to release any unencumbered retention in accordance with California law.
PUBLIC HEARING(S) (Item No. 14)
Public Hearings are scheduled for a time certain of 6:30 p.m. or as soon thereafter as possible. City Council, when considering the matter scheduled for hearing, will take the following actions: 1. Open the Public Hearing. 2. Receive staff report. 3. Accept public testimony. 4. City Council comments and questions. 5. Close the Public Hearing and take appropriate action.
14. CONSIDERATION OF AN URGENCY ORDINANCE AMENDING
SECTION 9.146.050 OF CHAPTER 9.146 OF TITLE 9 OF THE LAKE
FOREST MUNICIPAL CODE RELATING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS
RECOMMENDED ACTION: 1. Find that the adoption of the proposed urgency ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17. 2. Adopt an urgency ordinance entitled: “AN URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST FOR ZONING CODE AMENDMENT 12-24-5760 AMENDING SECTION
9.146.050 OF CHAPTER 9.146 OF TITLE 9 OF THE LAKE FOREST
MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS, AND FINDING THE ACTION
TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE § 21080.17.”
January 7, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 6 DISCUSSION/ACTION ITEMS (Item Nos. 15 – 17)
The following matters are for City Council consideration/discussion/action. Members of the public may have the opportunity to address these items if they wish to do so. Please complete the Request to Speak form and give to the City Clerk.
15. LEGISLATIVE AND REGULATORY PLATFORM FOR 2025-2027
RECOMMENDED ACTION: 1. Adopt the proposed 2025-2027 Legislative and Regulatory Platform. 2. Receive and file a presentation from Best, Best & Krieger, the City’s Federal Lobbying Services provider.
16. ANNUAL REVIEW OF CITY COUNCIL POLICIES
RECOMMENDED ACTION: 1. Adopt the draft City Council Logo Wear Policy. 2. Readopt the City Council Invocation Policy. 3. Review and/or revise all other City Council Policies as desired.
17. 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 Cirbo:
Council Member Tettemer:
Council Member Yu:
Mayor Pro Tem Pequeño:
January 7, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 7 Mayor Voigts:
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 January 3, 2025.
Lisa Berglund
City Clerk
January 7, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 8
CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/7/2025
DEPARTMENT: City Clerk
SUBJECT:
INSTALLATION OF MAYOR FOR 2025
RECOMMENDED ACTION(S):
Hold the ceremonial oath of office.
EXECUTIVE SUMMARY:
At the December 17, 2024, City Council meeting, the City Council held nominations for the position of Mayor to serve the City during the 2025 calendar year. The nominations for Mayor were subject to a ratification vote of the entire City Council. It was then declared that District 3 City Council Member Scott Voigts serve as the Mayor (Attachment). It is now appropriate to proceed with a ceremonial Oath of Office for the Mayor for 2025.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
Minute Excerpt from December 17, 2024 Meeting
Initiated By: Thy Merritt, Assistant City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 1
9 Attachment
Item: 1
10 DRAFT MINUTE EXCERPT
LAKE FOREST REGULAR CITY COUNCIL MEETING
December 17, 2024
______________________________________________________________________
12. SELECTION OF MAYOR AND MAYOR PRO TEM FOR THE 2025 CALENDAR YEAR
Andrew O’Connor offered public comment expressing concerns about Mayor Pro Tem Voigts and Council Member Yu.
Mayor Tettemer opened the floor for nominations for Mayor. Council Member Pequeño nominated Mayor Pro Tem Voigts. It was seconded by Council Member Yu. Mayor Tettemer closed the floor for nominations and called for the vote.
MOTION: It was moved by Council Member Pequeño, seconded by Council Member Yu, to nominate Mayor Pro Tem Voigts to assume the role as Mayor on January 1, 2025. The motion was carried by a vote of 5-0.
Mayor Tettemer opened the floor for nominations for Mayor Pro Tem. Mayor Pro Tem Voigts nominated Council Member Pequeño. It was seconded by Council Member Cirbo. Mayor Tettemer closed the floor for nominations and called for the vote.
MOTION: It was moved by Mayor Pro Tem Voigts, seconded by Council Member Cirbo, to nominate Council Member Pequeño to assume the role as Mayor Pro Tem on January 1, 2025. The motion was carried by a vote of 5-0.
Item: 1
11 CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/7/2025
DEPARTMENT: City Clerk
SUBJECT:
COMMENTS BY INCOMING MAYOR
RECOMMENDED ACTION(S):
Extend the opportunity to Mayor Voigts to present comments.
EXECUTIVE SUMMARY:
The City's longstanding practice is to provide the new Mayor a comment period at the beginning of the first City Council meeting of their term of service as Mayor (outside of normal City Council comments) to remark on the upcoming year in office.
Staff recommends extending the opportunity to Mayor Voigts to present comments.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
None.
Initiated By: Thy Merritt, Assistant City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 2
12 CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/7/2025
DEPARTMENT: City Clerk
SUBJECT:
RECOGNITION OF EL TORO HIGH SCHOOL GIRLS CROSS COUNTRY
TEAM
RECOMMENDED ACTION(S):
Present certificates of recognition to the El Toro High School Girls Cross Country Team.
EXECUTIVE SUMMARY:
The El Toro High School (”ETHS“) Girls Cross Country team made history this year. They won their first Division II California Interscholastic Federation (”CIF“) Championship and Division II State Championship. Both are incredible accomplishments for the team members, as well as for ETHS and the city.
Staff recommends the City Council present certificates of recognition to the ETHS Girls Cross Country team and coaches.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
Certificate of Recognition
Initiated By: Thy Merritt, Assistant City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 3
13 CERTIFICATE OF RECOGNITION
THE LAKE FOREST CITY COUNCIL
HEREBY RECOGNIZES
[INSERT NAME]
The City Council and City of Lake Forest would like to
recognize the El Toro High School Girls Cross Country Team on winning the Division II CIF and State Championships.
JANUARY 7, 2025
________________________
SCOTT VOIGTS
MAYOR
________________________
ROBERT PEQUEÑO
MAYOR PRO TEM
_________________________
DOUG CIRBO
COUNCIL MEMBER
________________________
MARK TETTEMER
COUNCIL MEMBER
________________________
BENJAMIN YU
COUNCIL MEMBER
Item: 3
14 CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/7/2025
DEPARTMENT: Management Services
SUBJECT:
2024 HOLIDAY LIGHTS COMPETITION
RECOMMENDED ACTION(S):
Recognize 2024 Holiday Lights Competition Winner Linda MacPherson EXECUTIVE SUMMARY:
The City hosts an annual Holiday Lights Competition to celebrate the festive spirit of the season. Residents are encouraged to decorate their homes and submit photos, which are shared on the City’s social media pages in conjunction with PollUnit to allow community members to visit and vote for their favorite displays.
This year’s competition featured 12 creative and festive entries, with Linda MacPherson’s “CANDYLAND” display earning the top honors. Ms. MacPherson’s design perfectly captured the nostalgia of the classic Candyland board game, infused with the magic of the holiday season. Her home was adorned with an oversized gingerbread house, candy canes, and colorful lights, creating a whimsical atmosphere that delighted voters. With over 70 community members voting in her favor, Linda’s display won by a landslide. Ms. MacPherson’s dedication to spreading holiday cheer and her remarkable creativity have set a high standard for future competitions. We hope to see her continue this tradition next year.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
2024 Holiday Lights Competition Winner’s Certificate
Initiated By: Jonathan Volzke, Communications and Marketing Manager Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 4
15 Attachment
Item: 4
16 CERTIFICATE OF
RECOGNITION
THE LAKE FOREST CITY COUNCIL
HEREBY RECOGNIZES
Linda MacPherson
For Winning the
2024 Lake Forest Holiday Lights Competition
January 7, 2025
SCOTT VOIGTS
Mayor
ROBERT PEQUEÑO
Mayor Pro Tem
DOUG CIRBO
Council Member
MARK TETTEMER BENJAMIN YU Council Member Council Member
Item: 4
17 CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/7/2025
DEPARTMENT: Public Works
SUBJECT:
2024 B.E.S.T. AWARDS PROJECT OF THE YEAR JOINT SOLID WASTE
AGREEMENT PROCUREMENT
RECOMMENDED ACTION(S):
Receive presentation.
EXECUTIVE SUMMARY:
For over 20 years, the Southern California Chapter of the American Public Works Association (“APWA”) has recognized top leaders and projects in Public Works through its Building Excellence Shaping Tomorrow (“BEST”) awards. This year, the City of Lake Forest and the City of Laguna Hills were awarded Project of the Year in the category of Creative and Innovative Project for the Joint Solid Waste Agreement Procurement. The APWA Southern California Chapter presented the award to staff on December 11, 2024, at its annual BEST awards luncheon.
Lake Forest led the effort to partner with Laguna Hills to successfully procure solid waste agreements that will save rate payors approximately $3 million over the life of the agreements. The cities, under a Memorandum of Understanding (“MOU”), shared costs and resources to develop a single Request For Proposals document to procure separate agreements for each City. An Ad Hoc Committee consisting of City Council Members and staff from both cities and consultants, worked jointly creating a larger service area providing economies of scale and a more competitive environment leading to savings for rate payors in both cities.
Staff is presenting the award which recognizes the Joint Solid Waste Agreement Procurement as the Creative and Innovative Project of the Year to the City Council.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
Item: 5
18 ATTACHMENTS:
None.
Initiated By: Carole Langford, Administrative Specialist Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 5
19 CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/7/2025
DEPARTMENT: City Clerk
SUBJECT:
MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES
RECOMMENDED ACTION(S):
Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
EXECUTIVE SUMMARY:
California Government Code 36934 allows titles of ordinances and resolutions to be waived.
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
ATTACHMENTS:
None.
Submitted By: Lisa Berglund, MPA, City Clerk
Approved By: Debra Rose, City Manager
14 Item: 6
20 December 17, 2024 LAKE FOREST CITY COUNCIL SPECIAL MEETING MINUTES Page 1 of 1
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, December 17, 2024, at the Lake Forest Senior Clubhouse, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:30 p.m. with all members present.
ROLL CALL:
Council Members:
Doug Cirbo
Robert Pequeño
Benjamin Yu
Mayor Pro Tem: Scott Voigts
Mayor: Mark Tettemer
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
Assistant City Clerk: Thy Merritt
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Mayor Tettemer.
PRESENTATION ITEM(S): (Item No. 1)
1. SHOPPING CENTER ANALYSIS UPDATE PRESENTED BY KOSMONT City Manager Rose introduced this item and invited Ken Hira from Kosmont to provide a presentation. Andrew O’Connor offered public comment and expressed concerns with the City’s economic strategies. Council questions were asked and answered.
ADJOURNMENT: The special meeting of the City Council was adjourned at 6:16 p.m.
Respectfully submitted:
APPROVED:
THY MERRITT MARK TETTEMER
ASSISTANT CITY CLERK MAYOR
Item: 7
21 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, December 17, 2024, 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:
Doug Cirbo
Robert Pequeño
Benjamin Yu
Mayor Pro Tem: Scott Voigts
Mayor: Mark Tettemer
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund
INVOCATION: The Invocation was provided by Chaplain Jim Davis, Orange County Sheriff’s Department.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Girl Scout Troop #6501.
PRESENTATIONS: (Item Nos. 1 – 5)
MOTION: It was moved by Council Member Yu, seconded by Mayor Pro Tem Voigts, to approve Presentation Item Nos. 1 – 5. The motion was carried by a vote of 5-0.
1. RESOLUTION CERTIFYING THE NOVEMBER 5, 2024, ELECTION City Manager Rose introduced this item and invited City Clerk Berglund to provide a presentation. No public comment was offered.
ACTION: A Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024,
DECLARING THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW was adopted.
2. INSTALLATION AND OATH OF OFFICE CEREMONY
City Manager Rose introduced this item and invited City Clerk Berglund to provide a presentation. No public comment was offered. Council Member Cirbo was sworn in by his pastor, Lyle Castellaw, and Council Member Pequeño was sworn in by his son, Robert Pequeño, Jr.
Item: 8
22 December 17, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 6 ACTION: City Clerk or designee administered the Oath of Office and presented Certificate of Election to newly elected City Council Members.
3. COMMENTS BY INCOMING COUNCIL MEMBER-ELECT DOUG CIRBO, DISTRICT 1
Council Member Cirbo provided comments. Andrew O’Connor offered public comment expressing concerns about Council Member Cirbo.
ACTION: Comments from Council Member-Elect Cirbo were received.
4. COMMENTS BY INCOMING COUNCIL MEMBER-ELECT ROBERT
PEQUEÑO, DISTRICT 5
Council Member Pequeño provided comments. Andrew O’Connor offered public comment expressing concerns about Council Member Pequeño.
ACTION: Comments from Council Member-Elect Pequeño were received.
5. RECOGNITION OF THE 2024 LAKE FOREST ACADEMY GRADUATES City Manager Rose introduced this item and invited Communications and Marketing Manager Volzke to provide a presentation. No public comment was offered.
ACTION: The graduates of the 2024 Lake Forest Academy were recognized.
PUBLIC COMMENTS:
Andrew O’Connor expressed concerns various concerns with city operations and staff.
Sean Fletcher expressed concerns regarding the application of parking standards for new development in the community .
CONSENT CALENDAR: (Item Nos. 6 – 10)
MOTION: It was moved by Mayor Pro Tem Voigts, seconded by Council Member Yu, to approve Consent Calendar Item Nos. 6 – 10. The motion was carried by a vote of 5-0.
6. 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.
7. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON DECEMBER 3, 2024
Item: 8
23 December 17, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 6 ACTION: The minutes were approved as submitted.
8. AGREEMENT FOR NEW CITY WEBSITE
ACTION: 1. A Professional Consultant Services Agreement with Revize for City Website Hosting and Content Management Services was approved. 2. The Mayor was authorized to sign and the City Clerk to attest to the Agreement, substantially in the form attached.
9. FIRST AMENDMENT TO 2022-2025 AGREEMENT WITH AMERINAT FOR
LOAN PORTFOLIO MANAGEMENT SERVICES
ACTION: 1. A First Amendment to the July 1, 2022, to June 30, 2025, Agreement with AmeriNat, for loan portfolio management services to the City of Lake Forest Housing Authority was approved. 2. The Mayor was authorized to sign, and the City Clerk to Attest the First Amendment to Agreement with AmeriNat, substantially in the form attached.
10. LAKE FOREST CITYWIDE SPORTS PARKS LANDSCAPE MAINTENANCE
SERVICES
ACTION: 1. An Agreement for Maintenance Services in the amount of $4,364,113.05 was awarded to Brightview Landscape Services, Inc., for Citywide Sports Parks Landscape Maintenance Services. 2. A Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2023-2025 OPERATIONS BUDGET; AMENDING APPROPRIATIONS FOR FISCAL YEAR 2024-25 was adopted. 3.
The Mayor was authorized to sign, and the City Clerk to attest, the award of agreement to Brightview Landscape Services, Inc., substantially in the form attached.
DISCUSSION/ACTION ITEMS: (Item Nos. 11 – 14)
11. CONSIDERATION OF APPOINTMENTS TO REGIONAL BOARDS
City Manager Rose introduced this item and invited City Clerk Berglund to provide a presentation. Andrew O’Connor offered public comment and expressed concerns with Mayor Tettemer.
MOTION: It was moved by Council Member Pequeño, seconded by Mayor Pro Tem Voigts, to: 1. Approve as presented the appointments of Members of the City Council to the seats of Regional Boards, with Council Member Pequeño replacing Vladimir Anderson as alternate on the Orange County Sherriff’s Department Local Remote Access Network Board. 2. Appoint Council Member Cirbo to the Audit Committee for an additional two-year term. 3. Appoint Mayor Item: 8
24 December 17, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 6 Tettemer to the Orange County Fire Authority Board of Directors. The motion was carried by a vote of 5-0.
12. SELECTION OF MAYOR AND MAYOR PRO TEM FOR THE 2025 CALENDAR YEAR
Andrew O’Connor offered public comment expressing concerns about Mayor Pro Tem Voigts and Council Member Yu.
Mayor Tettemer opened the floor for nominations for Mayor. Council Member Pequeño nominated Mayor Pro Tem Voigts. It was seconded by Council Member Yu. Mayor Tettemer closed the floor for nominations and called for the vote.
MOTION: It was moved by Council Member Pequeño, seconded by Council Member Yu, to nominate Mayor Pro Tem Voigts to assume the role as Mayor on January 1, 2025. The motion was carried by a vote of 5-0.
Mayor Tettemer opened the floor for nominations for Mayor Pro Tem. Mayor Pro Tem Voigts nominated Council Member Pequeño. It was seconded by Council Member Cirbo. Mayor Tettemer closed the floor for nominations and called for the vote.
MOTION: It was moved by Mayor Pro Tem Voigts, seconded by Council Member Cirbo, to nominate Council Member Pequeño to assume the role as Mayor Pro Tem on January 1, 2025. The motion was carried by a vote of 5-0.
13. RECOGNITION OF MAYOR TETTEMER FOR HIS SERVICE IN 2024 Mayor Pro Tem Voigts and Council Members recognized Mayor Tettemer for his service in 2024.
ACTION: Mayor Tettemer was recognized for his service and leadership in 2024.
14. COMMENTS BY OUTGOING MAYOR
Mayor Tettemer provided comments on his tenure as Mayor in 2024.
Congresswoman Young Kim’s Field Representative Abigail Fachtmann presented a certificate to Mayor Tettemer. Margie Lancaster offered public comment and praised Mayor Tettemer. Andrew O’Connor offered public comment and expressed his concerns with Mayor Tettemer.
ACTION: The opportunity was extended to outgoing Mayor Tettemer to present comments.
Item: 8
25 December 17, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 5 of 6 CITY MANAGER'S REPORT: City Manager Rose informed everyone that the tenth phase of the BOGO program was now open on the City’s website.
CITY COUNCIL COMMENTS:
Council Member Cirbo: Council Member Cirbo reported on his participation with the League of California Cities Fire Insurance
Committee and his attendance at the STARS’ Holiday
Party and the tree lighting ceremony at City Hall.
Council Member Pequeño: Council Member Pequeño thanked staff for all their hard work. He reported on his attendance at the
ribbon cutting event at Onyx Indoor Golf and the tree
lighting ceremony at City Hall. He wished everyone a
Merry Christmas and Happy New Year.
Council Member Yu: Council Member Yu reported on his attendance at the tree lighting ceremony at City Hall. He expressed
gratitude for being on the Council. He applauded the
Orange County Sheriff’s Department for apprehending
a person connected to a bank robbery in Lake Forest.
He wished everyone a Merry Christmas and Happy
New Year.
Mayor Pro Tem Voigts: Mayor Pro Tem Voigts thanked staff for their hard work. He reported on his attendance at the Absolute
Grappling grand opening, the re-opening of Mountain
Mike’s Pizza, and the ribbon cutting event for Onyx
Indoor Golf. He blessed everyone for the upcoming
holiday season.
Mayor Tettemer: Mayor Tettemer reported on his attendance at the STARS’ Holiday Party, a town hall meeting at Forest
Gardens, a holiday reception hosted by ACC-OC and
Cal Cities, the ribbon cutting event for Onyx Indoor
Golf, the tree lighting event at City Hall, and the
Wreaths Across America event at El Toro Memorial
Cemetery. He wished everyone a Happy Holidays,
Merry Christmas, and Happy New Year.
ADJOURNMENT: The Regular Meeting of the City Council was adjourned at 7:48 p.m.
Item: 8
26 December 17, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 6 of 6
Respectfully submitted:
APPROVED:
LISA BERGLUND MARK TETTEMER
CITY CLERK MAYOR
Item: 8
27 CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/7/2025
DEPARTMENT: Public Works
SUBJECT:
SECOND AMENDMENT TO AGREEMENT WITH ARDURRA GROUP, INC. FOR
MUNICIPAL ENGINEERING/ STAFF AUGMENTATION SERVICES
RECOMMENDED ACTION(S):
1. Approve the Second Amendment to the Professional Services Agreement with Ardurra Group, Inc. for Municipal Engineering/ Staff Augmentation Services.
2. Authorize the Mayor to execute, and the City Clerk to attest, the Second Amendment to the Agreement with Ardurra Group, Inc., substantially in the form attached.
EXECUTIVE SUMMARY:
The Public Works Department uses consultants to provide municipal engineering services for applicant-initiated activities, as well as provide contract staff on an as-needed basis. The City requires continued support from Ardurra Group, Inc. (“Ardurra”) to provide timely plan checks of development plans, construction inspection in new developments, and inspection for encroachment permit activities in the public street right-of-way.
The proposed Second Amendment to the Agreement with Ardurra would increase the total compensation amount by $500,000 to a total compensation amount of $4,500,000 to provide for continued services through the end of the current fiscal year. Specifically, the proposed amendment would provide necessary resources for plan check and encroachment inspection related to the fiber internet installation occurring throughout the city. Staff recommends the City Council approve the proposed Second Amendment to the Agreement with Ardurra. The proposed amendment was prepared by the Finance Department and approved as to form by the City Attorney.
Item: 9
28 BACKGROUND:
On June 1, 2021, the City Council approved Professional Consultant Services Agreements with Ardurra (Attachment 1) for professional municipal engineering services with a total compensation amount of $3,300,000. The Agreement included an initial term from July 1, 2021, to June 30, 2024, and an option for two additional one-year terms.
On June 4, 2024, the City Council approved the First Amendment (Attachment 2) extending the term of the agreement for the first one-year extension to June 30, 2025, increasing the total compensation amount by $700,000 to a total compensation amount of $4,000,000 and updating the billing rate sheet to reflect each consultant’s current hourly rates.
The Public Works Department utilizes a municipal engineering contract to provide public works and engineering support on an as-needed basis. This includes supplemental staff services, office support, engineering design services, and plan check and inspection of development-related projects. Historically, there has been a greater need for services that provide plan checks for tract maps, grading plans, street improvements plans, and inspections of permitted work.
Currently, there are two major residential development projects within the city.
In 2025, staff anticipates continuing to review development plans for: the last phase of the Toll Brothers Meadows development with 57 residential units; and Portola Center - The Oaks with over 100 residential units remaining to be constructed. In addition, two fiber internet companies are installing fiber internet within the right-of-way throughout the city. Given these projects and the work these developments generate, staff anticipates the level of land development and encroachment activities will continue to require additional plan check and inspection as the continuing development of these properties and fiber installation proceeds toward build-out.
The contract service model allows the City flexibility by augmenting or reducing contract staff as required without interrupting services to residents, businesses, or developers, while continuing to meet service goals. The scope of work includes:
•Land use development application review
•Development plan and permit review
•Inspection of development and encroachment projects
•Design and project management of capital improvement projects •“As-Needed” Public Works Staff Augmentation
Item: 9
29 The services provided by the consultant are on a not-to-exceed, on-call basis, based on the actual needs of the city at any time. In addition, deposits are collected for development and encroachment plan check and inspection services from the project applicants for private developments and encroachment permits.
DISCUSSION:
This proposed amendment is necessary due to plan check and encroachment inspection related to the fiber internet installation occurring throughout the city.
The proposed Second Amendment to the Agreement with Ardurra would increase the compensation amount by $500,000, to bring total compensation under the agreement from $4,000,000 to $4,500,000, to provide resources to plan check and provide construction inspection for FY 2024-25 (Attachment 3).
The current not-to-exceed contract amount with Ardurra is $4,000,000 for the current contract term, July 1, 2021, to June 30, 2025. Through October 2024, 81% of the amended term, Ardurra has performed $3,511,871 worth of work or 88% of the agreement compensation.
Pursuant to the City’s Purchasing and Contracting Guidelines, staff completed a vendor performance assessment for Ardurra for the proposed contract amendment. The vendor performance assessment is used as a guide to determine whether a contract should be amended, renewed, or terminated based on performance in the following categories: performance of scope of services; timeliness; budget performance; and customer service. Utilizing an evaluation form, staff rates the consultant in each category as shown in Table 1.
Table 1: Ardurra Performance Assessment
Ardurra Group Inc. – Performance Review
July 1, 2021 through November 15, 2024
Category Unsatisfied – Very Satisfied
Performance of Scope of
services
☐Unsatisfied ☐ Satisfied ☒Very Satisfied
☐N/A
Timeliness ☐Unsatisfied ☐ Satisfied ☒Very Satisfied
☐N/A
Budget Performance ☐Unsatisfied ☐ Satisfied ☒Very Satisfied ☐N/A
Customer Service ☐Unsatisfied ☐ Satisfied ☒Very Satisfied ☐N/A
Item: 9
30 Staff recommends the City Council approve the proposed Second Amendment to the Agreement with Ardurra. The proposed amendments were prepared by the Finance Department and approved as to form by the City Attorney.
FISCAL IMPACT:
The funding sources for the contract amendment primarily include deposits and fees collected from project applicants for private developments and encroachment permits; any General Fund related work is appropriated per project through other approved budgeted accounts. As the work is largely dependent on an applicant paying a deposit or fee for the work, or through appropriated City projects, sufficient funds have been included in 2023-2025 Operating Budget.
ATTACHMENTS:
1. Professional Consultant Services Agreement with Ardurra Group, Inc.
2. First Amendment to Agreement for Professional Consultant Services Municipal Engineering/ Staff Augmentation Services with Ardurra Group, Inc.
3. Second Amendment to Agreement for Professional Consultant Services Municipal Engineering/ Staff Augmentation Services with Ardurra Group, Inc.
Initiated By: Douglas Erdman, Assistant City Engineer
Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 9
31 Attachment 1
Item: 9
32 Item: 9
33 Item: 9
34 Item: 9
35 Item: 9
36 Item: 9
37 Item: 9
38 Item: 9
39 Item: 9
40 Item: 9
41 Item: 9
42 Item: 9
43 Item: 9
44 Item: 9
45 Item: 9
46 Item: 9
47 Item: 9
48 Item: 9
49 Item: 9
50 Item: 9
51 Item: 9
52 Item: 9
53 MUNICIPAL ENGINEERING/ STAFF AUGMENTATION SERVICES
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
DocuSign Envelope ID: 165EF755-C78B-4797-88B0-D18F9217FF04 Item: 9
54 City of Lake Forest
First Amendment to Agreement for Professional Consultant Services Municipal Engineering/ Staff Augmentation Services
I. PARTIES AND DATE. ................................ ................................ ..............
II. RECITALS. ................................ ................................ ..............................
III. TERMS................................. ................................ ................................ ..
IV. SIGNATURES. ................................ ................................ ........................
V. EXHIBIT "C" - COMPENSATION ................................ ..............................
DocuSign Envelope ID: 165EF755-C78B-4797-88B0-D18F9217FF04 Item: 9
55 Title: Municipal Engineering/ Staff Augmentation Services 3 1. PARTIES AND DATE.
This First Amendment to the Agreement for Professional Consultant Services ("First Amendment") is 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 Ardurra Group, Inc., a Florida Corporation (Inc.) , with its principal place of business at 3737 Birch Street, Suite 250, Newport Beach, CA 92660 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
DocuSign Envelope ID: 165EF755-C78B-4797-88B0-D18F9217FF04 June 202410
Item: 9
56 Title: Municipal Engineering/ Staff Augmentation Services 4 2. RECITALS.
2.1. Agreement
The Parties entered into that certain Agreement for Professional Municipal Engineering Consulting Services dated July 1, 2021 (“Agreement”).
2.2. First Amendment
The Parties now desire to amend the Agreement in order to extend the term of the Agreement, increase the total amount of compensation under the Agreement, and update the rates of compensation under the Agreement.
DocuSign Envelope ID: 165EF755-C78B-4797-88B0-D18F9217FF04 Item: 9
57 Title: Municipal Engineering/ Staff Augmentation Services 5 3. TERMS.
3.1. Term.
Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
The term of this Agreement shall be from July 1, 2021 to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than one (1) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2. Rates of Compensation
Exhibit “C” of the Agreement is hereby amended in to update rates of compensation in the form of EXHIBIT "C" - COMPENSATION to this First Amendment, attached hereto and incorporated herein.
3.3. Remaining Provisions of Agreement.
Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
DocuSign Envelope ID: 165EF755-C78B-4797-88B0-D18F9217FF04 Item: 9
58 Title: Municipal Engineering/ Staff Augmentation Services 6 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST Ardurra Group, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]
Lisa M. Penna
Vice President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
By: [VENDOR SIGNATURE 2]
Catherine Cahill
Chief Financial Officer (Corporation or LLC)
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
DocuSign Envelope ID: 165EF755-C78B-4797-88B0-D18F9217FF04 Item: 9
59 Title: Municipal Engineering/ Staff Augmentation Services 7 5. EXHIBIT "C" - COMPENSATION
5.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services 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 FOUR MILLION DOLLARS ($4,000,000.00) to be billed using the following hourly rates:
Original Agreement
Primary Positions Hourly Rate
Program Manager $185
Plan and Map Check Engineer $175
Development Inspector (Grading Development/QSP) $135
Encroachment Inspector (CIP/Encroachment/QSP) $125
Landscape Inspector (Developments/CIP/ QSP) $135
Supporting Staff
Principal-In-Charge $250
Management Contact/Project Manager $195
Assistant Project Manager $185
Inspections Manager $175
Senior Public Works Inspector $135
Construction Manager $185
Senior Engineer $180
Project/Office Engineer $170
Landscape Architect (Cornerstone) $155
Labor Compliance $120
Permit Technician $100
Administrative Aide $100
First Amendment
Primary Positions Hourly Rate
Program Manager $213
Plan and Map Check Engineer $201
Development Inspector (Grading Development/QSP)* $164
Encroachment Inspector (CIP/Encroachment/QSP)* $144
Landscape Inspector (Developments/CIP/ QSP)* $164
Supporting Staff
Principal-In-Charge $288
Management Contact/Project Manager $224
Assistant Project Manager $213
Inspections Manager $201
Senior Public Works Inspector* $164
DocuSign Envelope ID: 165EF755-C78B-4797-88B0-D18F9217FF04 Item: 9
60 Title: Municipal Engineering/ Staff Augmentation Services 8 Construction Manager $213
Senior Engineer $207
Project/Office Engineer $196
Landscape Architect (Cornerstone) $178
Labor Compliance $138
Permit Technician* $115
Administrative Aide $115
*Overtime will be billed at 1.5 times, and Sundays and holidays 2.0 times the standard rate.
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.
DocuSign Envelope ID: 165EF755-C78B-4797-88B0-D18F9217FF04 Item: 9
61 Attachment 3
Item: 9
62 MUNICIPAL ENGINEERING/ STAFF AUGMENTATION SERVICES
(2021-030.2)
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
Docusign Envelope ID: 2C331A65-94DD-4A06-9C52-0BC087288B0A Item: 9
63 City of Lake Forest
Second Amendment to Professional Consultant Services Agreement Municipal Engineering/ Staff Augmentation Services
I. PARTIES AND DATE. ................................ ................................ ..............
II. RECITALS. ................................ ................................ ..............................
III. TERMS................................. ................................ ................................ ..
IV. SIGNATURES. ................................ ................................ ........................
V. EXHIBIT "C" - COMPENSATION ................................ ..............................
Docusign Envelope ID: 2C331A65-94DD-4A06-9C52-0BC087288B0A Item: 9
64 Title: Municipal Engineering/ Staff Augmentation Services 3 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 Ardurra Group, Inc., a Florida Corporation (Inc.) , with its principal place of business at 737 Birch Street, Suite 250, Newport Beach, CA 92660 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” Docusign Envelope ID: 2C331A65-94DD-4A06-9C52-0BC087288B0A Item: 9
65 Title: Municipal Engineering/ Staff Augmentation Services 4 2. RECITALS.
2.1. Agreement
The Parties entered into that certain Agreement for Municipal Engineering Services dated July 1, 2021 (“Agreement”).
2.2. First Amendment
The Parties entered into that certain First Amendment in order to extend the term of the Agreement, increase the total amount of compensation under the Agreement, and update the rates of compensation under the Agreement dated June 10, 2024 ("First Amendment").
2.3. Second Amendment
The Parties now desire to amend the Agreement in order to increase the total amount of compensation under the Agreement.
Docusign Envelope ID: 2C331A65-94DD-4A06-9C52-0BC087288B0A Item: 9
66 Title: Municipal Engineering/ Staff Augmentation Services 5 3. TERMS.
3.1. Compensation.
Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed FOUR MILLION FIVE HUNDRED THOUSAND DOLLARS DOLLARS ($4,500,0 00.00) 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.
3.2. Scope of Services.
The Scope of Services as set forth in Exhibit “A” of the Agreement is hereby amended to include the Services set forth in EXHIBIT "A" SCOPE OF SERVICES to this Amendment, attached hereto and incorporated herein.
3.3. Remaining Provisions of Agreement.
Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
Docusign Envelope ID: 2C331A65-94DD-4A06-9C52-0BC087288B0A Item: 9
67 Title: Municipal Engineering/ Staff Augmentation Services 6 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST Ardurra Group, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Mayor
By: [VENDOR SIGNATURE 1]
Lisa M. Penna
Vice President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
By: [VENDOR SIGNATURE 2]
Randy Dumas
Chief Financial Officer (Corporation or LLC)
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
Docusign Envelope ID: 2C331A65-94DD-4A06-9C52-0BC087288B0A Item: 9
68 Title: Municipal Engineering/ Staff Augmentation Services 7 5. EXHIBIT "C" - COMPENSATION
5.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services 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 FOUR MILLION FIVE HUNDRED THOUSAND DOLLARS ($4,500,000.00) to be billed using the following hourly rates:
Primary Positions Hourly Rate
Program Manager $213
Plan and Map Check Engineer $201
Development Inspector (Grading Development/QSP)* $164
Encroachment Inspector (CIP/Encroachment/QSP)* $144
Landscape Inspector (Developments/CIP/ QSP)* $164
Supporting Staff
Principal-In-Charge $288
Management Contact/Project Manager $224
Assistant Project Manager $213
Inspections Manager $201
Senior Public Works Inspector* $164
Construction Manager $213
Senior Engineer $207
Project/Office Engineer $196
Landscape Architect (Cornerstone) $178
Labor Compliance $138
Permit Technician* $115
Administrative Aide $115
*Overtime will be billed at 1.5 times, and Sundays and holidays 2.0 times the standard rate.
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim.
Docusign Envelope ID: 2C331A65-94DD-4A06-9C52-0BC087288B0A Item: 9
69 CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/7/2024
DEPARTMENT: Public Works
SUBJECT:
CONSIDERATION OF A SUMMARY VACATION OF AN IRREVOCABLE
OFFER OF DEDICATION IN GREENLEAF AND EMI WAY AND ACCEPTANCE
OF EASEMENTS IN PORTIONS OF EMI WAY, GREENLEAF, AND LOPALA RECOMMENDED ACTION(S):
1. Adopt Resolution entitled, “RESOLUTION TO SUMMARILY VACATE AN
IRREVOCABLE OFFER OF DEDICATION FOR GREENLEAF AND EMI
WAY, PURSUANT TO STREETS AND HIGHWAYS CODE SECTION
8330, ET SEQ., ACCEPT EASEMENTS IN PORTIONS OF EMI WAY,
GREENLEAF, AND LOPALA, AND FINDING SUCH ACTIONS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER
STATE CEQA GUIDELINES SECTION 15061(B)(3)”
EXECUTIVE SUMMARY:
In 2021, the City received an Irrevocable Offer of Dedication (“IOD”) for portions of Emi Way and Greenleaf within the Meadows development for street and public utility purposes in anticipation of a new public elementary school. As the site reserved for the school will now be used for residential development, the Development Agreement between the City and Toll West, Inc., specifies that the portions of the streets listed above would convert to private streets.
Approving the attached Resolution would vacate the Irrevocable Offer of Dedication for portions of Greenleaf and Emi Way, designating them as private streets. Concurrently, the City would accept easements in portions of Emi Way and Greenleaf for public access, emergency access, and public service vehicular access, and easements in portions of Greenleaf and Lopala for storm drain purposes. Pending City Council approval, the Resolution would take effect after the date of its recording.
BACKGROUND:
The “Meadows” development was approved by the City Council in January 2020, through a variety of entitlements that allowed for a master planned development Item: 10
70 at the former Nakase Nursery site. The site is bordered by Bake and Rancho Parkways to the west and north, respectively, and Serrano Creek to the east.
The project included a Development Agreement with the developer, Toll West, Inc., which does business as Toll Brothers West, Inc. (“Toll Brothers”). Toll Brothers was required to offer to the Saddleback Valley Unified School District (“SVUSD”) a 10-net acre site for a 1,000-student elementary school. The Development Agreement provided that in the event SVUSD did not accept the school site by April 30, 2024, Toll Brothers retained a vested right to construct residential units on the school site.
In a letter dated March 9, 2023, SVUSD declined to accept the school site, and on June 15, 2023, a document terminating the school site offer was recorded with the County of Orange. In its March 9 letter, the SVUSD Board cited declining student enrollment and environmental concerns as some of the reasons for its decision to not accept the school site for development of an elementary school.
Considering SVUSD’s decision, Toll Brothers submitted a General Plan amendment and Area Plan amendment to develop residential units in place of the school site, as provided for in the Development Agreement. The City Council approved that application in December 2023.
Given the development changes at the site, three streets were re-designated from public streets to private ones to serve the new residential neighborhood.
These streets include a portion of Emi Way (“A” Street) to a portion of Greenleaf (“B” Street), Rancho Parkway to a portion of Greenleaf (“B” Street), and all of Lassen Street (“BB” Street). Exhibit 1, below, identifies those streets.
Item: 10
71 DISCUSSION:
Because Toll Brothers1 granted the City an IOD for those public streets, the City Council must take action to formally reject the IOD for these streets to be classified as private streets within the development and to be maintained by the Meadows Community Owners Association. The IOD for Lassen Street will be terminated on Tract No. 19299 when it is submitted for final approval. Therefore, the City Council only needs to terminate the existing IOD for Emi Way and Greenleaf Street through the attached Resolution.
1 Technically, the IOD was offered to the City by a Toll Brothers’ affiliate, DRP CA 5, LLC, a Delaware Limited Liability Company, by DW General Partner, LLC, a Delaware Limited Liability Company, its manager. This interest was then transferred to The Meadows Community Owners Association, a California nonprofit mutual benefit corporation, which is the current property owner.
Item: 10
72 State law governs the termination of a street IOD pursuant to Streets & Highways Code, section 8335, “Summary Vacation.” The statute provides all of the information a Council resolution must contain, including:
(1) That the vacation is made under this chapter (Chapter 4 of Part 3 of Division 9 of the Streets & Highways Code).
(2) The name or other designation of the street, highway, or public service easement and a precise description of the portion vacated. The description of the portion vacated may be by a precise map which is recorded or to which reference is made in the resolution, and which is permanently maintained by the public entity.
(3) The facts under which the summary vacation is made. The resolution is prima facie evidence of the facts stated.
(4) That from and after the date the resolution is recorded, the street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement.
The attached Resolution (Attachment 1) makes the requisite findings for the City to terminate the IOD.
Portions of Emi Way and Greenleaf require public access, emergency access, and public service vehicular access easements. In addition, portions of Greenleaf and Lopala require a storm drain easement. These streets, while becoming private streets that will be maintained by the HOA, will retain a public access easement over them as the parks within the development have public access easements and require the public access roadway easement to get to them.
Moreover, the parties have agreed that the City will have easements through portions of Emi Way, Greenleaf, and Lopala. Those easement deeds are attached in Attachments 2 and 3 for the City Council’s consideration. Staff recommends that the easements be approved by the City Council concurrently with the IOD termination.
FISCAL IMPACT:
There is minimal fiscal impact to the City as costs related to this item will be reimbursed by the developer.
Item: 10
73 ATTACHMENTS:
1. Resolution
2. Access Easement Deed for Greenleaf and Emi Way
3. Storm Drain Easement Deed
Initiated By: Douglas Erdman, Assistant City Engineer
Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 10
74 Attachment 1
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RESOLUTION NO. 2025-___
RESOLUTION TO SUMMARILY VACATE AN IRREVOCABLE
OFFER OF DEDICATION FOR GREENLEAF AND EMI WAY,
PURSUANT TO STREETS AND HIGHWAYS CODE SECTION
8330, ET SEQ., ACCEPT EASEMENTS IN PORTIONS OF EMI
WAY, GREENLEAF, AND LOPALA, AND FINDING SUCH
ACTIONS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA
GUIDELINES SECTION 15061(B)(3)
WHEREAS, on October 5, 2021, the City of Lake Forest (the “City”) received an Irrevocable Offer of Dedication in Fee Simple of portions of real property for street and public utility purposes on the Final Tract Map No. 19124 (Exhibit “A”) from DRP CA 5, LLC, a Delaware Limited Liability Company, by DW General Partner, LLC, a Delaware Limited Liability Company, its manager, recorded in Book 993, Pages 42-50 of Miscellaneous Maps in the Office of County Records of the County of Orange. The real property was later transferred to The Meadows Community Owners Association, a California nonprofit mutual benefit corporation (the “Association”); and WHEREAS, on January 3, 2024, the City accepted the Irrevocable Offer of Dedication for the portions of real property designated as Bake Parkway and Rancho Parkway, as described in Exhibit “B”; and
WHEREAS, Section 7050 of the California Government Code authorizes the creation of an irrevocable offer of dedication of land for any public purpose, and further authorizes the legislative body of a city to terminate such an offer; and WHEREAS, pursuant to Division 9, Part 3, Chapter 4, Sections 8330-8336, of the California Streets and Highways Code, the legislative body of a city may summarily vacate an irrevocable offer of dedication of land for street or highways purposes; and WHEREAS, after review, the City proposes summary vacation of Emi Way and Greenleaf, described on Exhibit “A” as “Lot X” and “Lots Y and AA,” respectively; and WHEREAS, the proposed summary vacation conforms to the City of Lake Forest General Plan pursuant to Section 8313 of the California Streets and Highways Code and Section 65402 of the California Government Code; and WHEREAS, the proposed summary vacation is in the public interest because there is a public convenience associated with the removal of encumbrances from private lands that are no longer needed for public road purposes and, in this case, there is an additional public benefit through improved use of the lands made available by the vacation; and
WHEREAS, concurrently with the proposed summary vacation, the City wishes to accept easements from the Association in portions of Emi Way, Greenleaf, and 1 Item: 10
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Lopala for storm drain, public access, emergency access, and public service vehicular access. Specifically, portions of Emi Way and Greenleaf require public access, emergency access, and public service vehicular access. Portions of Greenleaf and Lopala require a storm drain easement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE FOREST DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS:
Section 1. Incorporation of Recitals. The City Council hereby finds and determines that the recitals above are true and correct and are hereby incorporated into this resolution as though fully set forth herein.
Section 2. CEQA Findings. The vacation of the irrevocable offers of dedication of “Lots X” and “Lots Y and AA,” as further described herein, and the City’s acceptance of easements for storm drain, public access, emergency access, and public service vehicular access are exempt from the California Environmental Quality Act (“CEQA”) under State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the vacation of the irrevocable offers of dedication or acceptance of the easement deeds may have a significant effect on the environment.
Notably, the vacation of the irrevocable offers of dedication will not result in any construction activity or other activity that could result in a significant impact on the environment.
Section 3. Findings Regarding the Summary Vacation. The facts upon which this vacation is made are as follows:
The Development Agreement between the City and Toll West, Inc., which does business as Toll Brothers West, Inc., offered Lot 8 as a dedication for an elementary school site for the Saddleback Valley Unified School District (“SVUSD”). In the event that SVUSD accepted the offer, then “Lot X” and “Lots Y and AA” would become public streets. If SVUSD rejected or failed to timely accept Lot 8, then it would not become a school site, and “Lot X" and “Lots Y and AA” would then convert to private streets.
SVUSD took action to reject the offer of dedication of Lot 8 as a school site. Therefore, “Lot X” and “Lots Y and AA” are intended to become private streets with the City maintaining appropriate storm drain, public access, emergency access, and public service vehicular access easements. Thus, the termination of the Irrevocable Offer of Dedication is required.
Section 4. Order of Vacation. The City Council, under the authority vested by the California Streets and Highways Code, Division 9 – Change of Grade and Vacation, Part 3 – Public Streets, Highways, and Service Easements Vacation law (Sections 8300 et seq.), Chapter 4 – Summary Vacation, hereby orders the vacation of the irrevocable 2 Item: 10
77 RESOLUTION NO. 2024-___
offers of dedication of “Lots X” and “Lots Y and AA,” also referred to as Emi Way and Greenleaf, as described in Exhibit “A.”
Section 5. Acceptance of Easement Deeds. Concurrently with the street vacation, the City Council accepts easements in portions of Emi Way and Greenleaf for public access, emergency access, and public service vehicular access, and easements in portions of Greenleaf and Lopala for storm drain purposes. The easement deeds are attached hereto as Exhibit “C.” Exhibits “A,” “B,” and “C” to this Resolution are each attached hereto and incorporated herein by reference.
Section 6. Certification, Recordation, and Retention of Vacation. The City Clerk shall cause a certified copy of this Resolution of summary vacation and acceptance of easements, including Exhibit “A,” “B,” and “C” attested by the City Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof, with any such other documents and instruments as may be necessary or convenient to describe the summary vacation of the Irrevocable Offer of Dedication in the Office of the Clerk-Recorder of the County of Orange and acceptance of easements.
Pursuant to Streets and Highways Code Section 8336, no fee shall be charged for such recordation. Upon the recording of this Resolution by the City Clerk, the vacation of the Irrevocable Offer of Dedication and acceptance of easements shall be complete. The City Clerk shall permanently maintain a true and correct copy of this Resolution.
Section 7. Effective Date. This Resolution shall take effect upon adoption and from and after the date of the recording of this Resolution.
APPROVED AND ADOPTED this ___ day of ________, 2025.
_____________________________________
SCOTT VOIGTS
MAYOR
ATTEST:
_______________________________________
LISA BERGLUND, MPA
CITY CLERK
APPROVED AS TO FORM:
_______________________________________
MATTHEW E. RICHARDSON
CITY ATTORNEY
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CERTIFICATION
I, _______________, City Clerk the City of Lake Forest, California, does hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting thereof, held on the ______ day of _______, 2025, the following vote of the Council:
AYES:
NOES:
ABSENT:
_____
_____
_____
_____________________________________
City Clerk of the City of Lake Forest, California
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EXHIBIT “A”
Recorded Copy of Final Tract Map No. 19124
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EXHIBIT “B”
Recorded Copy of Acceptance of Irrevocable Offer of
Dedication
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EXHIBIT “C”
Easement
Deeds
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/7/2025
DEPARTMENT: Public Works
SUBJECT:
APPROVAL OF FINAL TRACT MAP NO. 19299
RECOMMENDED ACTION(S):
1. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 19299, CREATING A 57-NUMBERED AND 30-LETTERED LOT
SUBDIVISION FOR SINGLE FAMILY RESIDENTIAL PURPOSES ON
12.406 ACRES LOCATED ON THE SOUTHWEST CORNER OF BAKE
PARKWAY AND RANCHO PARKWAY.
2. Approve the Subdivision Improvement Agreement with Toll West Inc., doing business as Toll Brothers West Inc., a Delaware Corporation, to construct the subdivision improvements associated with Final Tract Map No. 19299 and authorize the Mayor to execute and City Clerk to attest the agreement.
3. Accept the Subdivision Improvement Faithful Performance Bond and Subdivision Improvement Labor and Material Bond, each in the amount of $429,838.41, the Subdivision Improvement Warranty Bond in the amount of $42,983.84, and the Subdivision Improvement Monument Bond in the amount of $66,000 from Toll Brothers West Inc. for the construction of subdivision improvements.
EXECUTIVE SUMMARY:
Toll West Inc. is doing business in California as Toll Brothers West Inc., a Delaware corporation ("Toll"), and has constructed subdivision improvements on the former Nakase Nursery site located at 20261 Lake Forest Drive. Previously, the City Council approved tracts 19125, 19126, 19127, 19128, and 18142 to construct residential neighborhoods. Originally, one parcel was set aside for the Saddleback Valley Unified School District (“SVUSD”), to use as a school site. In a letter dated March 9, 2023, SVUSD declined acceptance of the school site.
Based on this, Toll retained the right to construct additional residential units.
On August 2, 2023, Toll submitted an application for approval of Tentative Tract Map No. 19299 to develop the former school site. On March 7, 2024, the Item: 11
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Planning commission approved the tentative tract map. A vicinity map of the tract is provided as Attachment 1.
Toll is now submitting the Final Tract Map No. 19299 for approval. This map would create a 57-numbered and a 30-lettered lot subdivision (Attachment 2).
Lots 1-57 are for single-family residential units. The average lot size is fifty-five feet by one hundred feet. Ten of the thirty lettered lots are for private street purposes, nineteen lots are for open space/landscape purposes, and one lot is for a water quality basin. The Homeowners Association (“HOA”) will maintain all lettered lots.
The Municipal Code and State Law state that the City Council shall approve any Final Tract Map prior to recording. Public Works staff and the County of Orange Surveyor's Office reviewed Final Tract Map No. 19299 and found it to be technically correct and in substantial conformance with Tentative Tract Map No. 19299. In addition, staff confirmed that all Conditions of Approval required prior to the Final Tract Map approval have been satisfied.
Toll has executed a Subdivision Improvement Agreement ("SIA") (Attachment 3) to ensure construction of the in-tract improvements and posted the Subdivision Improvement Bonds. For Tract 19299, all improvements are private and maintained by the HOA. The SIA and associated bonds provide surety that Toll will construct all required improvements including streets, curbs, gutters, sidewalk, streetlights, and landscaping. The estimated cost for the required improvements is $429,598.09.
The Final Map offers an easement to the Irvine Ranch Water District for water and sewer purposes and access to maintain these facilities. There is an easement dedicated to the City for emergency access and public service on all the private streets.
Toll has posted the Subdivision Improvement Faithful Performance Bond and the Subdivision Improvement Labor and Material Bond for 100% of the estimated cost and a Subdivision Improvement Warranty Bond for 10% of the estimated cost. A Subdivision Improvement Monumentation Bond for $66,000 is also posted. The Subdivision Improvement Agreement and bonds are on City- approved forms. The Public Works department confirmed that the estimated amounts are reasonable. The bonds, due to their size, are on file with the City Clerk and available for review.
Staff recommends adoption of the resolution approving Final Tract Map No. 19299 (Attachment 4), approval of the Subdivision Improvement Agreement, and acceptance of the Subdivision Improvement Bonds.
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FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended actions.
ATTACHMENTS:
1. Vicinity Map
2. Final Tract Map No. 19299
3. Subdivision Improvement Agreement
4. Resolution Approving Final Tract Map No. 19299
Initiated By: Douglas A. Erdman, P.E., Assistant City Engineer Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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Attachment 3
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Attachment 4
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RESOLUTION NO. 2025 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 19299, CREATING A 57-NUMBERED AND 30-LETTERED LOT SUBDIVISION
FOR SINGLE-FAMILY RESIDENTIAL PURPOSES ON 12.406 ACRES
LOCATED AT THE SOUTHWEST CORNER OF BAKE PARKWAY AND
RANCHO PARKWAY
WHEREAS, Toll West Inc. is doing business in California as Toll Brothers West Inc., a Delaware Corporation (“TOLL”) and has constructed subdivision improvements on the former Nakase Nursery site located at 20261 Lake Forest Drive known as The Meadows development; and
WHEREAS, one parcel was set aside for the Saddleback Valley Unified School District (“SVUSD”) for a school site; and
WHEREAS, in a letter dated March 9, 2023, SVUSD declined acceptance of the school site; and
WHEREAS, Toll retained the right to construct additional residential units; and WHEREAS, on August 2, 2023, Toll submitted tentative tract map no. 19299 to the city; and
WHEREAS, on March 7, 2024, the Planning Commission approved Tentative Tract Map No. 19299 for the former Nakase Nursery; and
WHEREAS, Final Tract Map No. 19299 has been submitted by Toll Brothers West Inc for single-family residential purposes; and
WHEREAS, the Director of Public Works/City Engineer and the County of Orange Surveyor’s Office have reviewed Final Tract Map No. 19299 and have found the final map to be technically correct, in substantial conformance with the Tentative Tract Map, and in compliance with conditions imposed on the approval of the Tentative Tract Map.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE FOREST, DOES HEREBY RESOLVE, AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Resolution.
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Section 2. The City Council does hereby approve Final Tract Map No. 19299 for single-family residential purposes pursuant to Government Code Section 66457 and 66458 (Subdivision Map Act) and Sections 7.22.025 of the Lake Forest Municipal Code.
Section 3. The City Council does hereby direct the City Clerk to accept the dedication of the easement for emergency access and public service ingress and egress purposes.
Section 4. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of this Resolution are severable.
Section 5. This Resolution shall become effective upon its adoption.
Section 6. The City Clerk shall certify to the adoption of this Resolution and so note on the Final Tract Map.
PASSED, APPROVED AND ADOPTED this ____ day of _____ 2025, by the following vote, to wit:
SCOTT VOIGTS
MAYOR
ATTEST:
LISA BERGLUND
CITY CLERK
APPROVED AS TO FORM:
MATTHEW RICHARDSON
CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2024- ___ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the ____ day of _____ 2025, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
LISA BERGLUND
CITY CLERK
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/7/2025
DEPARTMENT: Public Works
SUBJECT:
NOTICE OF COMPLETION FOR ROCKFIELD BOULEVARD MEDIAN
IMPROVEMENT PROJECT (24S09)
RECOMMENDED ACTION(S):
1. Find that I.E. General Engineering, Inc. has completed construction of the Rockfield Boulevard Median Improvement Project (24S09).
2. Approve the Notice of Completion and authorize the mayor to execute the document on behalf of the City.
3. Authorize City Clerk 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. Authorize staff to release any unencumbered retention in accordance with California law.
EXECUTIVE SUMMARY:
On July 16, 2024, the City Council awarded a contract to I.E. General Engineering, Inc. (“IE General”) in the amount of $244,426 to construct the Rockfield Boulevard Median Improvement Project (24S09). The project replaced the existing painted median and stick down delineators with a raised hardscaped median to improve traffic safety along Rockfield Boulevard south of Lake Forest Drive.
Staff issued the Notice to Proceed with construction of the project on October 7, 2024. The project construction was substantially completed by October 31, 2024.
Contract Change Order No. 1 (“CCO #1”), dated December 12, 2024, was a Balancing Change Order for the reduction and addition of work related to the quantity adjustments based on field conditions. These adjustments in quantities Item: 12
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resulted in a zero-dollar net change to the original contract amount of $244,426 awarded to IE General.
The final inspection of the project has confirmed that IE General has completed the contract scope of work and addressed all punch list items. The progress payment to IE General has been processed, and the Notice of Completion is now ready to be executed by the City and recorded with the County of Orange. Staff recommends the City Council approve the Notice of Completion (Attachment 1) and direct staff to release any unencumbered retention in accordance with California law. Sufficient funding exists in the 2023-30 Capital Improvement Projects Budget for the Rockfield Boulevard Median Improvement Project to cover the costs of the recommended action.
BACKGROUND:
At the July 16, 2024, City Council meeting, a construction contract in the amount of $244,426 was awarded to IE General for the Rockfield Boulevard Median Improvements Project (24S09). This project removed and replaced the painted median and stick-down delineators on Rockfield Boulevard south of Lake Forest Drive with a raised concrete median to improve traffic safety in this area. The project also included asphalt paving, traffic signing and striping work.
DISCUSSION:
The contract required IE General to complete the proposed public improvements within thirty (30) working days from the date of the Notice to Proceed. Staff coordinated with IE General regarding the contractor’s proposed means and methods and permitted the contractor to have a continuous lane closure for five working days (i.e., the contractor was not required to set up and take down traffic control devices each day). One change order was issued which resulted in a zero-dollar net change to the original contract amount of $244,426 awarded to IE General.
The Notice of Completion establishes a date that limits the time subcontractors and material vendors may file stop notices or liens against the project. Following City Council approval, the City Clerk must submit the Notice of Completion to the Orange County Clerk Recorder within fifteen (15) days of the City Council’s action, as required by Section 9204 of the California Civil Code. Following approval and recordation, the Notice of Completion establishes a 30-day period for subcontractors and material vendors to file stop payment notices and initiates the start date for the warranty period. Since the work has been completed and accepted by the City, staff recommends the City Council approve the Notice of Completion and release the retention payment thirty (30) days after the Item: 12
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recordation of the Notice of Completion, providing there are no stop notices for the project on file with the City.
Approving the recommended action would find the project complete, authorize the Mayor and City Clerk to sign the Notice of Completion, and allow staff to release any unencumbered retention in accordance with California law.
FISCAL IMPACT:
The recommended action would find the project complete and allow staff to release any unencumbered retention in accordance with California law.
Sufficient funding is available for the recommended actions.
ATTACHMENTS:
1. Notice of Completion for the Rockfield Boulevard Median Improvements Project (24S09)
Initiated By: Jonathan Claudio, Principal Civil Engineer Submitted By: Thomas Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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Attachment 1
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RECORDING REQUESTED BY
AND MAIL TO:
Lisa Berglund
City Clerk
City of Lake Forest
100 Civic Center Dr
Lake Forest, California, 92630
Fee Exempt – Gov’t Code §27383
NOTICE OF COMPLETION
(C.C.C. 9204 - PUBLIC WORKS)
NOTICE IS HEREBY GIVEN THAT:
1. The City of Lake Forest located at 100 Civic Center Drive, Lake Forest, California, 92630 has completed a public work of improvement described as the Rockfield Boulevard Median Improvements Project (24S09) and accepted by the awarding authority upon the date hereof.
2. Date of completion: January 7, 2025.
3. Description of work performed: Replace existing painted median with a raised concrete median.
4. The City’s interest in the property in which the public work was completed is: Fee X Easement Lease.
5. The real property upon which said public work was performed in the City of Lake Forest is: Rockfield Boulevard south of Lake Forest Drive.
6. The contractor was: I.E. General Engineering, Inc.
Dated ____________________________________ __________________________________________ Scott Voigts, Mayor
City of Lake Forest
ATTEST:
_________________________________________
Lisa Berglund, City Clerk
VERIFICATION
I, the undersigned, say: I am the Mayor of the City of Lake Forest, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof, the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed at Lake Forest, California, on this ____ day of _________________, 2025.
__________________________________________
Scott Voigts, Mayor
City of Lake Forest
ATTEST:
__________________________________________
Lisa Berglund, City Clerk
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/7/2025
DEPARTMENT: Public Works
SUBJECT:
NOTICE OF COMPLETION FOR SLURRY SEAL PROJECT FOR ARTERIAL STREETS: MUIRLANDS BLVD. FROM BAKE PARKWAY TO LOS ALISOS BLVD. AND JERONIMO ROAD FROM BAKE PARKWAY TO LOS ALISOS BLVD. (PW 2021-05B)
RECOMMENDED ACTION(S):
1. Find that VSS International, Inc. has completed construction of the Slurry Seal Project for Arterial Streets: Muirlands Blvd. from Bake Parkway to Los Alisos Blvd. and Jeronimo Road from Bake Parkway to Los Alisos Blvd. (PW 2021-05B)
2. Approve the Notice of Completion and authorize the Mayor to execute the document on behalf of the City.
3. Authorize the City Clerk to submit 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. Authorize staff to release any unencumbered retention in accordance with California law.
EXECUTIVE SUMMARY:
On July 16, 2024, the City Council awarded a contract to VSS International, Inc. (“VSS”) in the amount of $1,758,120 to construct the Slurry Seal Project for Arterial Streets: Muirlands Blvd. from Bake Parkway to Los Alisos Blvd. and Jeronimo Road from Bake Parkway to Los Alisos Blvd. (PW 2021-05B). The project included localized asphalt repairs, applied a type II slurry seal to both Muirlands Blvd. (“Muirlands”) and Jeronimo Road (“Jeronimo”) from Bake Parkway to Los Alisos Blvd., replaced all existing traffic striping, and constructed concrete curb ramp improvements.
Staff issued the Notice to Proceed with construction of the project on September 9, 2024, with a contract term of seventy (70) working days. The project was inspected and deemed substantially complete by November 29, 2024.
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Contract Change Order No. 1 (“CCO #1”) was approved by the City Manager on December 12, 2024, and included two items. Item No. 1 was a Balancing Change Order for the reduction and addition of work related to the quantity adjustments based on field conditions. Item No. 2 of CCO #1 was primarily for additional striping work on Jeronimo from Lake Forest Drive to Ridge Route Drive. Cumulatively, Item Nos. 1 and 2 equated to a credit of $61,451.38, resulting in a revised contract amount of $1,696,668.62.
The final inspection of the project has confirmed that VSS has completed the contract scope of work and addressed all punchlist items. The progress payment to VSS has been processed, and the Notice of Completion is now ready to be executed by the City and recorded with the County of Orange. Staff recommends the City Council approve the Notice of Completion (Attachment 1) and direct staff to release any unencumbered retention in accordance with California law. Sufficient funding exists for the recommended actions.
BACKGROUND:
At the July 16, 2024, City Council meeting, a construction contract in the amount of $1,758,120 was awarded to VSS for the Slurry Seal Project for Arterial Streets:
Muirlands Blvd. from Bake Parkway to Los Alisos Blvd. and Jeronimo Road from Bake Parkway to Los Alisos Blvd. (PW 2021-05B).
The City has an established annual street maintenance program to slurry seal and asphalt overlay public streets. As a requirement of OCTA’s Measure M funding, the City utilizes a pavement management system to evaluate and score the condition of each street biannually utilizing a Pavement Condition Index (“PCI”). The overall PCI for the entire City is 77 or rated “Good.” After review of the 2021 Pavement Management Plan, staff identified that both Muirlands and Jeronimo required a type II slurry treatment. As part of the slurry seal program, staff also identified locations on these two arterial streets that required structural repairs in addition to the slurry seal. The contractor performed these localized repairs prior to the application of the slurry seal. The project also included the replacement of traffic striping, markings, and legends, and constructed concrete curb ramp improvements at select locations on both Muirlands and Jeronimo.
DISCUSSION:
Staff issued the Notice to Proceed with construction of the project on September 9, 2024, with a contract term of seventy (70) working days. The project was inspected and deemed substantially complete by November 29, 2024.
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There was one construction change order (“CCO”) on the project. CCO #1, approved by the City Manager on December 12, 2024, included two items. Item No. 1 was a Balancing Change Order that reflected the reduction in asphalt repair work that was needed for the project and resulted in a credit of $69,514.06.
Item No. 2 of CCO #1 improved the pick-up and drop-off areas for Serrano Intermediate School along Jeronimo Road. As part of the City’s annual school review process, staff collaborated with the Saddleback Valley Unified School District and school administration to identify opportunities for improving traffic flow and safety. The decision to restripe Jeronimo adjacent to Serrano Intermediate School stems from the traffic congestion along Jeronimo during pick-up and drop-off times. The newly implemented striping layout now ensures that all travel lanes can be used for their intended purposes, while providing adequate width for an enhanced pick-up and drop-off experience along the curb.
The cost for all additional traffic striping work on the project was $8,062.68.
Cumulatively, Item Nos. 1 and 2 equated to a net decrease of $61,451.38 resulting in a revised contract amount of $1,696,668.62.
The Notice of Completion establishes a date that limits the time subcontractors and material vendors may file stop notices or liens against the project. Following City Council approval, the City Clerk must submit the Notice of Completion to the Orange County Clerk Recorder within fifteen (15) days of the City Council’s action, as required by Section 9204 of the California Civil Code. Following approval and recordation, the Notice of Completion establishes a 30-day period for the subcontractors and material vendors to file stop payment notices and initiates the start date for the warranty period. Since the work has been completed and accepted by the City, staff recommends the City Council approve the Notice of Completion and release the retention payment thirty (30) days after the recordation of the Notice of Completion, providing there are no stop notices for the project on file with the City.
Approving the recommended action would find the project complete, authorize the Mayor and City Clerk to sign the Notice of Completion, and allow staff to release any unencumbered retention in accordance with California law.
FISCAL IMPACT:
The recommended action would find the project complete and allow staff to release any unencumbered retention in accordance with California law. Applying the credits received from CCO #1 resulted in a revised total contract cost of $1,696,668.62. Sufficient funding exists to cover the costs of the recommended actions.
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ATTACHMENTS:
1. Notice of Completion for the Slurry Seal Project for Arterial Streets:
Muirlands Blvd. from Bake Parkway to Los Alisos Blvd. and Jeronimo Road from Bake Parkway to Los Alisos Blvd. (PW 2021-05B) Initiated By: Jonathan Claudio, Principal Civil Engineer Submitted By: Thomas Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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Attachment 1
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RECORDING REQUESTED BY
AND MAIL TO:
Lisa Berglund
City Clerk
City of Lake Forest
100 Civic Center Dr
Lake Forest, California, 92630
Fee Exempt – Gov’t Code §27383
NOTICE OF COMPLETION
(C.C.C. 9204 - PUBLIC WORKS)
NOTICE IS HEREBY GIVEN THAT:
1. The City of Lake Forest located at 100 Civic Center Drive, Lake Forest, California, 92630 has completed a public work of improvement described as the Slurry Seal Project for Arterial Streets: Muirlands Blvd. from Bake Parkway to Los Alisos Blvd. and Jeronimo Road from Bake Parkway to Los Alisos Blvd. (PW 2021-05B) and accepted by the awarding authority upon the date hereof.
2. Date of completion: January 7, 2025.
3. Description of work performed: Apply a type II slurry seal on Muirlands Blvd. and Jeronimo Road.
4. The City’s interest in the property in which the public work was completed is: Fee X Easement Lease.
5. The real property upon which said public work was performed in the City of Lake Forest is: Muirlands Blvd. and Jeronimo Road from Bake Parkway to Los Alisos Blvd.
6. The contractor was: VSS International, Inc.
Dated ____________________________________ __________________________________________ Scott Voigts, Mayor
City of Lake Forest
ATTEST:
_________________________________________
Lisa Berglund, City Clerk
VERIFICATION
I, the undersigned, say: I am the Mayor of the City of Lake Forest, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof, the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed at Lake Forest, California, on this ____ day of _________________, 2025.
__________________________________________
Scott Voigts, Mayor
City of Lake Forest
ATTEST:
__________________________________________
Lisa Berglund, City Clerk
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 01/07/2025
DEPARTMENT: Community Development
SUBJECT:
CONSIDERATION OF AN URGENCY ORDINANCE AMENDING SECTION
9.146.050 OF CHAPTER 9.146 OF TITLE 9 OF THE LAKE FOREST
MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS
RECOMMENDED ACTION(S):
1. Find that the adoption of the proposed urgency ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17.
2. Adopt an urgency ordinance entitled: “AN URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LAKE FOREST FOR ZONING CODE AMENDMENT 12-24-5760 AMENDING SECTION 9.146.050 OF CHAPTER
9.146 OF TITLE 9 OF THE LAKE FOREST MUNICIPAL CODE RELATING
TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17.” EXECUTIVE SUMMARY:
The proposed urgency ordinance will amend Section 9.146.050 of the Lake Forest Municipal Code to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”).
BACKGROUND:
California first mandated that local jurisdictions allow ADUs in 2002. Since then, the City has amended its ADU ordinance numerous times in response to amendments to State law, most recently in 2024. The City’s current ADU ordinance includes regulations allowed under state law, including minimum setbacks, maximum height, and separate utilities. State law allows local jurisdictions to be less restrictive with respect to these standards but limits how restrictive local ordinances may be.
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Recently, the Governor signed bills into law that impose new limits on local authority to regulate ADUs and JADUs. Specifically, two new bills, AB 2533 and SB 1211, further amend state ADU law as summarized below.
DISCUSSION:
In accordance with state law, AB 2533 and SB 1211 take effect January 1, 2025.
If the City’s ADU ordinance does not comply with the requirements of both bills by that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law, and the City will have to allow ADUs subject only to the requirements in the state ADU law itself.
Over the past several years, cities have adopted local ADU ordinances that comply with state law but also include additional regulations tailored to local needs. For Lake Forest, these cover aspects like requiring separate utility connection, a permit for specific types of ADUs, and height and setback requirements. Without these local regulations, the approval of ADUs and JADUs would be based solely on default statutory standards.
The urgency ordinance is recommended because any local ordinance that does not conform to AB 2533’s and SB 1211’s changes to state ADU law is rendered null and void as a matter of law on January 1, 2025. At which point, any applications for an ADU filed with the City while the ADU ordinance is out of conformance would only be held to state ADU requirements. To ensure the City maintains local control, the City Council can implement an urgency ordinance with the ADU updates while the non-urgency ordinance makes its way from Planning Commission to City Council. The urgency ordinance will remain valid for 45 days. The adoption of the non-urgency is necessary to ensure the ADU updates are permanent.
Staff recommends the City Council implement an urgency ordinance with the necessary ADU updates while the non-urgency ordinance progresses from the Planning Commission to the City Council. The non-urgency ordinance would make the same changes to the City’s ADU ordinance. A redline of the ordinance amendments is provided as Exhibit “A-1” (Attachment 1 Exhibit A-1).
AB 2533 – Unpermitted ADUs and JADUs
Existing state law generally prohibits cities from denying permits to legalize unpermitted ADUs constructed before January 1, 2018, based on non- compliance with building, state, or local ADU standards. An exception allows denial if a written finding states that correcting the violation is necessary to protect public or occupant health and safety.
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AB 2533 introduces the following changes:
1. Expands the prohibition to include JADUs.
2. Moves the construction cutoff date from January 1, 2018, to January 1, 2020.
3. Replaces the exception with a requirement that local agencies find that correcting the violation is necessary to comply with Health and Safety Code section 17920.3 (Substandard Buildings).
AB 2533 aims to assist property owners with unpermitted ADUs or garage conversions built before January 1, 2020. The new law mandates that local building departments permit these units provided they meet health and safety codes.
SB 1211 – Replacement Parking Requirements; Multifamily ADUs Replacement Parking
Existing state law prohibits the City from requiring off-street parking spaces to be replaced when a garage, carport or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU.
SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for, or replaced with, an ADU.
Multifamily ADUs
SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure. Existing state law requires the City to ministerially approve qualifying building-permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not defined by existing state ADU law.
SB 1211 changes this by adding a new definition: “‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.”
SB 1211 also increases the number of detached ADUs allowed on a lot with an existing multifamily dwelling. Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs. Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever Item: 14
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is less. SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have — the limit remains at two.
Proposed Ordinance Revisions
Proposed revisions include the following:
Purpose and Effect: Revises reference of California Government Code “Sections 65852.2 and 65852.22” and adds “Chapter 13 of Division 1 of Title 7”.
Definitions: Adds a definition for "Livable space" as a space intended for human habitation.
Approvals: Revises Government Code Sections from 65852.22 to Sections 66333 through 66339
General Requirements:
•Adds clarification that JADUs can be created on lots zoned for single- family use with a single-family residence built, or proposed to be built, on the lot.
•Revises Owner Occupancy to allow JADUs (permitted after January 1, 2025) subject to owner-occupancy requirements, with exceptions for properties owned by governmental agencies, land trusts, or housing organizations.
•Removes reference to ADUs for the Deed Restriction. Requires a deed restriction to be recorded and ensures JADUs cannot be sold separately from the primary dwelling.
Specific ADU Requirements for Parking: Adds “uncovered parking space” to the “no replacement” requirement for off-street parking spaces if demolished or converted to an ADU.
Nonconforming Conditions and Unpermitted Structures:
•Updates the “constructed before” date for enforcement of unpermitted ADUs and JADUs from 2018 to 2020. The City may not deny a permit to legalize existing but unpermitted ADUs or JADUs constructed before January 1, 2020, unless necessary to protect health and safety.
These amendments aim to streamline the approval process for ADUs and JADUs, clarify zoning and occupancy requirements, and ensure compliance with state laws.
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Next Steps
The Planning Commission hearing for the proposed ADU ordinance updates is scheduled for January 9, 2025. Following this, the City Council would consider the ordinance on February 4, 2025. This urgency ordinance would provide immediate compliance while the non-urgency ordinance undergoes the formal approval process.
Environmental Review:
Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law, and which also regulates JADUs, as defined by section 66313. Therefore, the adoption of the proposed urgency ordinance is statutorily exempt from CEQA in that it implements state ADU law.
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
ATTACHMENTS:
1. Urgency Ordinance
Exhibit A-1 – Redline Code Amendments
Initiated By: City Attorney/Amy Stonich, AICP, Assistant Director of Community Development
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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6 URGENCY ORDINANCE NO. ________
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST FOR ZONING CODE
AMENDMENT 12-24-5760 AMENDING SECTION 9.146.050
OF CHAPTER 9.146 OF TITLE 9 OF THE LAKE FOREST
MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS, AND FINDING THE ACTION TO BE STATUTORILY
EXEMPT FROM CEQA UNDER PUBLIC RESOURCES
CODE § 21080.17
WHEREAS, the City of Lake Forest, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law; and
WHEREAS, AB 2533 and SB 1211 take effect January 1, 2025, and if the City’s ADU ordinance does not comply with the requirements imposed by those bills by that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of AB 2533 and SB 1211 because if the City’s ordinance does not comply with this legislation by January 1, 2025 — and the City’s ADU ordinance becomes null and void — the City would thereafter be required to approve ADUs and JADUs in accordance with the few default standards that are provided in Chapter 13 of Division 1 of Title 7 of the California Government Code, which is the state ADU law; and WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing separate utility connection, the Item: 14
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6 requirement for a permit for certain types of ADUs, and height and setback regulations, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this Ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and
WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b).
NOW, THEREFORE, the City Council of the City of Lake Forest does ordain as follows:
Section 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
Section 3. Urgency Findings. Given the foregoing, the City Council hereby finds there is a current and immediate threat to the public health, safety, and welfare insofar as ADUs may be approved without due consideration of appropriate and tailored local regulations governing unit size, height, building separation, among other things, that would negatively impact neighborhood character, personal privacy, and public safety.
Adopting this Ordinance as an urgency measure effectuates the foregoing and protects the public health, safety and welfare by enabling the City to review and approve attached ADUs in a manner that harmonizes its responsibilities to Lake Forest residents with its obligations to approve ADUs under State ADU Law.
Section 4. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).
Section 5. Code Amendment. Section 9.146.050 of the Lake Forest Municipal Code is hereby amended as provided in Exhibit “A-1,” with additions shown in underline and deletions in strikethrough, attached hereto and incorporated herein by reference.
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6 Section 6. Effective Date. This Ordinance was adopted by the necessary four- fifths vote of the members of the City Council pursuant to Government Code sections 36934 and 36937 and takes effect immediately upon its adoption.
Section 7. HCD Submittal. In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.
Section 8. Publication. The City Clerk directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.
Section 9. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at Lake Forest City Hall, 25550 Commercentre Drive, Suite 100, Lake Forest, California 92630.
Section 10. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
PASSED, APPROVED, AND ADOPTED this ____ day of January 2025 by the following vote, to wit:
MARK TETTEMER
MAYOR
ATTEST:
LISA BERGLUND
CITY CLERK
APPROVED AS TO FORM:
MATTHEW E. RICHARDSON
CITY ATTORNEY
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6 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, do hereby certify that the foregoing Ordinance No. ____ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ____ day of January 2025, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the Lake Forest City Council on the ____ day of January 2025 by the following roll-call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
LISA BERGLUND
CITY CLERK
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6 EXHIBIT A-1
Amended ADU Regulations
(follows this page)
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ATTACHMENT 1
EXHIBIT A-1
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3 EXHIBIT “A-1”
Amended Lake Forest Municipal Code Section 9.146.050
___
9.146.050 Accessory dwelling units.
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code Sections 65852.2 and 65852.22.
B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
1. Deemed to be inconsistent with the City’s general plan and zoning designation for the lot on which the ADU or JADU is located.
2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3. Considered in the application of any local ordinance, policy, or program to limit residential growth.
4. Required to correct a nonconforming zoning condition, as defined in subsection (C)(9)(10) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
C. Definitions. As used in this section, terms are defined as follows:
…
6. “Livable space” means a space in a dwelling intended for human habitation, as defined by section 66313 of the California Government Code. …
D. Approvals. The following approvals apply to ADUs and JADUs under this section:
1. Building Permit Only. If an ADU or JADU complies with each of the general requirements in subsection "E" below, it is allowed with only a building permit in the following scenarios:
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3 a. Converted on Single-Family Lot. One ADU (as described in this subsection (D)(1)(a)) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; or within the existing space of an existing single- family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to
accommodating ingress and egress.
ii. Has exterior access that is independent of that for the single- family dwelling.
iii. Has side- and rear-yard setbacks sufficient for safety, as dictated by applicable building and fire codes.
iv. The JADU complies with all the requirements of Government Code Section 65852.22Sections 66333 through 66339.
…
d. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU. ii. The peak height above grade does not exceed the applicable height limit provided in subsection (E)(2) below.
If the lot has an existing multifamily dwelling, the quantity of detached ADUs shall not exceed the number of primary dwelling units on the lot. …
E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (D)(1) or (D)(2) of this section:
1. Zoning.
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3 a. An ADU or JADU subject only to a building permit under subsection (D)(1) above may be created on a lot in a residential or mixed-use zone.
b. An ADU or JADU subject to an ADU permit under subsection (D)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. c. In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. …
5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.2666341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
…
7. Owner Occupancy. As required by State law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement. b. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.
c. As required by State law, all JADUs are subject to an owner- occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
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3 8. Deed Restriction. Prior to issuance of a building permit for an ADU or a JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all current and future owners.
The form of the deed restriction will be provided by the City and must provide that the JADU may not be sold separately from the primary dwelling.:
a. Except as otherwise provided in Government Code Section 6634165852.26, the ADU or JADU may not be sold separately from the primary dwelling.
…
F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) of this section. …
3. Passageway. No passageway, as defined by subsection (C)(10)(11) (“Passageway”) of this section, is required for an ADU.
4. Parking.
...
c. No Replacement. When a garage, carport, or covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off- street parking spaces are not required to be replaced.
…
H.Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
…
2. Unpermitted ADUs and JADUs constructed before 20182020. a. Permit to Legalize. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 20182020, if denial is based on either of the following grounds:
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3 ii. The ADU or JADU does not comply with the state ADU or JADU law (Government Code section 65852.2) or this
section.
b. Exceptions.
i. Notwithstanding subsection (H)(2)(a) above, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 20182020, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure comply with the standards specified in California Health and Safety Code section 17920.3.
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/7/2025
DEPARTMENT: City Manager
SUBJECT:
LEGISLATIVE AND REGULATORY PLATFORM FOR 2025-2027
RECOMMENDED ACTION(S):
1. Adopt the proposed 2025-2027 Legislative and Regulatory Platform.
2. Receive and file a presentation from Best, Best & Krieger, the City’s Federal Lobbying Services provider.
EXECUTIVE SUMMARY:
Every year, the City adopts a Legislative Platform to provide broad policy direction to staff. This information is used by the City Manager’s Office to administer the City’s legislative advocacy program, which includes evaluating legislative proposals, providing recommendations for the City Council, and working with the City’s contracted lobbyists to address the City’s legislative and regulatory priorities. The Legislative Platform also provides staff with direction to take more immediate action in the event it is necessary to respond to a legislative proposal prior to receiving City Council direction. This is more common toward the end of the legislative session with “gut and amend” bills or trailer bills introduced concurrently with the State’s budget adoption process.
In July 2024, the City Council reached consensus to form a Legislative Ad hoc Committee (“Legislative Ad hoc”) composed of then Mayor Tettemer and then Mayor Pro Tem Voigts. The Legislative Ad hoc reviewed and provided feedback to update and restructure the Legislative Platform into a Legislative and Regulatory Platform (“Platform”) for 2025-2027. Substantive changes to the Platform include:
•Shifting the adoption of a Platform from an annual basis to a biennial basis; •Expanding the Platform to include regulatory matters;
•Adding Guiding Principles to provide broader guidance in addition to existing Policy Statements;
•Adding a list of local and regional agencies to monitor their positions when the City shapes its own positions and priorities; and,
•Including Legislative Procedures in the Platform.
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In addition to the broad structural changes to the platform, the Legislative ad hoc also reviewed the policy statements and proposed additional statements under public safety, environment, and transportation, shown in Attachment 1. The proposed Platform would include all these changes and update policy statements based on the discussion and feedback from the Legislative Ad hoc. Changes to and adoption of the Platform are at the discretion of the City Council. Staff recommend the City Council adopt the proposed 2025-2027 Legislative and Regulatory Platform (Attachment 2) substantially in the form attached.
Additionally, staff from Best, Best & Krieger (“BB&K”), the City’s Federal Lobbying Services consultant, shall provide a brief presentation before the City Council regarding the upcoming legislative cycle.
BACKGROUND:
The City has adopted a Legislative Platform as part of its legislative advocacy program. In adopting the Legislative Platform, the City Council authorizes a menu of policy directives that advance the City’s interests. Historically, policy directives have included the opposition of new legislation that restricts the City’s home rule authority, the imposition of unfunded mandates, and the diminishment of the City’s financial autonomy. Upon adoption of the legislative platform, staff track bills proposed in the California legislature that are inconsistent with the City’s policy preferences. Then, staff author position letters (in support or opposition) that are signed by the mayor and delivered to State legislators associated with the proposed bill(s). Often, position letters from numerous California cities are aggregated by the League of California Cities (“CalCities”) to strengthen the impact of the message.
Pursuant to the City’s Strategic Business Plan Initiative SP#19 – Legislative Advocacy, the City solicited proposals for a multi-year government affairs contract to advocate for the City’s interests at the state and federal levels. In July 2024, the City awarded contracts to two firms for state and federal lobbying services. The state lobbying services agreement was awarded to Joe A.
Gonsalves and Son by the City Council and the federal lobbying services agreement was awarded to Best, Best & Krieger (“BB&K”) under the City Manager’s purchasing authority. Since the adoption of the 2024 Legislative Platform in February 2024, the City has contracted and onboarded two new lobbying services. To develop meaningful priorities and strategic advocacy at both the state and federal level, the City Council formed the Legislative Ad hoc to review the City’s Legislative and Regulatory Program.
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DISCUSSION:
In July 2024, the City Council reached consensus to form a Legislative Ad hoc Committee (“Legislative Ad hoc”) composed of then Mayor Tettemer and then Mayor Pro Tem Voigts. The purpose of the Legislative Ad hoc is to review current legislative and regulatory advocacy efforts. Since its formation, the Legislative Ad hoc met three times to discuss the direction of the City’s Legislative and Regulatory Program and review the City’s current Legislative Platform, adopted in February 2024. The Legislative Ad hoc reviewed and provided feedback to update and restructure the Legislative Platform into a Legislative and Regulatory Platform (“Platform”) for 2025-2027. Substantive changes to the Platform include:
•Shifting the adoption of a Platform from an annual basis to a biennial basis; •Expanding the Platform to include regulatory matters;
•Adding Guiding Principles to provide broader guidance in addition to existing Policy Statements;
•Adding a list of local and regional agencies to monitor their positions when the City shapes its own positions and priorities; and,
•Including Legislative Procedures in the Platform.
In addition to the broad structural changes to the platform, the Legislative ad hoc also reviewed the policy statements and proposed some additional statements under public safety, environment, and transportation. Prior to the proposed structural changes to the Platform, the Legislative Platform was composed of 25 policy guidelines. Attachment 1 includes a redline version of the Platform that shows the proposed changes to these policy statements only. This simplified redline version includes the added policy statements and a table showing the sections under which each policy statement is listed in the proposed Platform.
The final version of the proposed Platform is provided as Attachment 2.
Changes to these policy statements are proposed to focus and prioritize the City’s advocacy efforts to address legislation and regulations within the realm of the City’s business (i.e., municipal services). The proposed Platform provides focused guidance to staff and the City’s lobbyists while also directing staff to monitor other local and regional agencies for information on other regulations that may impact the City’s residents and businesses. The Legislative Ad hoc will continue to meet on a quarterly basis to review any upcoming legislation or regulations and monitor the City’s legislative advocacy efforts.
If the proposed 2025-2027 Legislative and Regulatory Platform is approved, staff will craft position letters consistent with the Platform and in accordance with the State and Federal Legislative schedules (Attachments 3 and 4). The City Manager’s Office will continue to exercise day-to-day oversight of legislative and regulatory matters. In addition to coordinating formal action through the City Item: 15
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Council, the Assistant to the City Manager will administer the City’s legislative advocacy program by performing the following functions:
•Continue to work with the City’s Management Team and other staff to identify matters of legislative and regulatory importance and develop positions on federal and state legislative proposals and general matters of interest;
•Communicate matters of legislative or regulatory importance to the City Council through periodic updates, and identify and coordinate positions for formal action by the City Council;
•Review positions and analysis conducted by CalCities, the Association of California Cities – Orange County (“ACC-OC”) and other government and professional associations when formulating positions; •Monitor and track key bills through the legislative process; •Communicate the City’s positions to federal, state, and county legislators;
•Participate as needed in the drafting and amending of legislative proposals that significantly impact the City;
•Work with local and regional agencies, other cities, and local government professional associations on legislative matters of mutual concern; and,
•Participate and attend legislative briefings and meetings to actively engage and stay appraised of legislative trends and upcoming legislation.
Approval of the proposed 2025-2027 Legislative and Regulatory Platform would continue the practice of responding to legislative proposals that do not fall under the City’s adopted Platform as follows:
(1) Once a determination has been made that a legislative proposal may impact the City, a letter outlining the City’s position (support, neutral, or oppose) will be drafted for the Mayor’s signature;
(2) The draft position letter will be agendized for City Council approval at a City Council meeting;
(3) If the letter is approved, staff will finalize the position letter and forward it to the bill’s author, CalCities, and other stakeholders as deemed appropriate; and
(4) A copy of the final letter will be distributed to the City Council.
Staff recommend the City Council adopt the proposed Legislative and Regulatory Platform. In addition, staff recommend the City Council receive a brief presentation from BB&K, the City’s federal lobbyist, regarding the upcoming legislative cycle.
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FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
1. Redline Changes to Platform Policy Statements
2. Proposed 2025-2027 Legislative and Regulatory Platform
3. Tentative 2025 State Legislative Calendar
4. Tentative 2025 Federal Legislative Calendars
Initiated By: Nidia Ruelas, Assistant to the City Manager Submitted By: Debra Rose, City Manager
Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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CITY OF LAKE FOREST
2024 LEGISLATIVE PLATFORM
REDLINE CHANGES TO EXISTING POLICY GUIDELINES
The Legislative and Regulatory Platform (“Platform”) defines the City’s Policy guidelines and provides the foundation for advocacy efforts at the federal, state, and local levels. Staff uses this Platform to identify relevant topic areas and subject matter, and makes recommendations to the City Council on specific legislation consistent with the policy guidelines. Additionally, in the event it is necessary for the City to respond to a legislative proposal in a timeframe that does not allow the City Council to take formal action, staff would express positions on bills in accordance with these guidelines, and then seek City Council direction at the appropriate time.
Policy Guidelines:
1. The City supports legislation or regulations that leads to greater financial independence from federal, state and/or county government, and protects local resources from seizure by federal, state and/or county agencies.
2. The City supports legislation or regulations maintaining maximum local flexibility in all areas of its responsibility and operations and opposes legislation that imposes intrusive, unnecessary, or unfunded state- imposed mandates or preempts local authority.
3. The City supports legislation that advocates fair and proportionate representation on countywide and regional boards.
4. The City supports modification to the California Environmental Quality Act (“CEQA”) and the National Environmental Policy Act (“NEPA”) to eliminate duplicative and unnecessary provisions of the existing law.
5. The City supports efforts to reestablish the authority and financing capability previously afforded to local governments by redevelopment through legislation or regulations designed to support businesses through economic development and the City supports efforts to facilitate economic development efforts that enhance opportunities for local businesses.
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6. The City supports legislation or regulations legislative efforts that would amend existing law to ensure that prevailing wage rates do not impede its ability to pursue small-dollar projects and lower operating costs.
7. The City supports efforts to amend the current occupancy calculation in the Uniform Housing Code (“UHC”) to achieve a more reasonable standard, thereby, improving the health, safety, and residential character of our community.
8. The City supports efforts, at both the federal and state level, to provide local agencies with regulatory tools related to short-term rentals and other uses in residential areas that have the ability tomay affect the quality of life.
9. The City supports bills that would lower taxation rates for businesses and residents.
10. The City supports religious freedom and legislation protecting religious freedom at both the state and federal level.
11. The City opposes legislation or policies that limit the type and or number of clean, renewable, sustainable energy sources available to consumers.
12. The City opposes legislation or regulations that makes the City more dependent on federal, state, and/or county government or agencies for policy direction.
13. The City opposes any legislation that is inconsistent with the doctrine of home rule, interferes with local exercise of police powers over local land use, or requires a federal, state, and/or county entity to develop model planning practices and policies.
14. The City opposes legislation, regulations, or ballot initiatives that would alter the legislative intent of Proposition 13, including a split real-property tax roll that would affect commercial property and any amendment that would affect residential property.
15. The City opposes legislation to create new financial burdens or erode public safety through realignment implementation.
16. The City opposes legislation to limit the City’s ability to contract for municipal services.
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17. The City opposes legislation that seeks to impede the construction of Portola Parkway.
18. The City Council opposes efforts by the State Legislature to assess taxes on public goods and services such as water and electricity.
19. The City opposes legislation that would lower the vote threshold as a method to impose new taxes or create new financing opportunities.
20. The City supports legislative and regulatory efforts that reduce or delay the financial and compliance impacts of State-mandated organics recycling.
21. The City supports maximum flexibility with regard to expending grant funds that address economic recovery associated with public health declarations, natural disasters, and other emergencies, as well as the other needs of the City in which grant funds can be utilized.
22. The City will take into consideration the strategic goals adopted by CalCities. [See added section under Legislative Procedures in Proposed 2025-2027 Legislative and Regulatory Platform, Attachment 2]
23. Staff is authorized to continue to advocate a position for a bill which has been amended into a new bill number as long as the language and intent remain substantially unchanged. [See added section under Legislative Procedures in Proposed 2025-2027 Legislative and Regulatory Platform, Attachment 2]
24. The City supports legislation or regulations that advances the practice or policy of favoring individuals in hiring and similar contexts based solely on their abilities and personal merits, including education, skills, experience, and other similar factors.
25. The City supports legislation that invests in, provides for the research of, and promotes the development of new water storage and new water supplies.
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PROPOSED NEW POLICY STATEMENTS AND CATEGORIES
This overview of changes includes only changes to the Policy Guidelines on the 2024 Legislative Platform. All changes, including additional structural changes, are reflected in the Proposed 2025-2027 Legislative and Regulatory Platform (“Platform”).
The following table summarizes where existing Policy Guidelines are proposed to be housed under the new categories in the Platform
New Category 2024 Policy Statement #
Public Safety
Local Control 1, 2, 12, 13, 16, 21
Fiscal Responsibility and Economic Development 5, 6, 9, 14, 18,19 Housing and Land Use 7, 8
Transportation
Environment 4, 20
Social and Demographics 10, 24
Wildfire and Natural Disaster
New Policy Statements and Categories are in bold.
1. Public Safety
•The City opposes any state or federal mandates that would undermine local decision-making in critical areas in Public Safety. •The City supports legislation or regulations to address safety concerns related to e-bikes, fentanyl, and retail theft mitigation. •The City supports legislation or regulations that would help to fund regional transportation projects that sustain the City’s regional public safety model.
2. Local Control
•The City supports legislation or regulations that lead to greater financial independence from federal, state and/or county government, and protect local resources from seizure by federal, state and/or county agencies. (Previously #1)
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•The City supports legislation or regulations maintaining maximum local flexibility in all areas of its responsibility and operations and opposes legislation that imposes intrusive, unnecessary, or unfunded state- imposed mandates or preempts local authority. (Previously #2) •The City opposes legislation or regulations that make the City more dependent on federal, state, and/or county government or agencies for policy direction. (Previously #12)
•The City opposes legislation or regulations to limit the City’s ability to contract for municipal services. (Previously #16)
•The City opposes any legislation or regulations that are inconsistent with the doctrine of home rule, interferes with local exercise of police powers over local land use, or requires a federal, state, and/or county entity to develop model planning practices and policies. (Previously #13)
•The City supports legislation or regulations that bolster programmatic and grant funding available for local governments to access in order to fund infrastructure projects, or other improvements which would benefit the community, including federal Community Project Funding/ Congressionally Directed Spending.
•The City supports maximum flexibility with regard to expending grant funds that address economic recovery associated with public health declarations, natural disasters, and other emergencies, as well as the other needs of the City in which grant funds can be utilized. (Previously #21)
3. Fiscal Responsibility and Economic Development
•The City supports bills that would lower taxation rates for businesses and residents. (Previously #9)
•The City opposes legislation, regulations, or ballot initiatives that would alter the legislative intent of Proposition 13, including a split real- property tax roll that would affect commercial property and any amendment that would affect residential property. (Previously #14) •The City Council opposes efforts by the State Legislature to assess taxes on public goods and services such as water and electricity. (Previously #18)
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•The City opposes legislation that would lower the vote threshold as a method to impose new taxes or create new financing opportunities. (Previously #19)
•The City supports efforts to reestablish the authority and financing capability previously afforded to local governments by redevelopment through legislation or regulations designed to support businesses through economic development and the City supports efforts to facilitate economic development efforts that enhance opportunities for local businesses. (Previously #5)
•The City supports legislation or regulations that would amend existing law to ensure that prevailing wage rates do not impede its ability to pursue small-dollar projects and lower operating costs. (Previously #6) •The City supports policies that prioritize private sector investment and economic development. The City opposes the imposition of stringent regulations that could stifle business innovation, hinder economic growth, or discourage investment in the community.
4. Housing and Land Use
•The City supports efforts to amend the current occupancy calculation in the Uniform Housing Code (“UHC”) to achieve a more reasonable standard, thereby, improving the health, safety, and residential character of our community. (Previously #7)
•The City supports efforts, at both the federal and state level, to provide local agencies with regulatory tools related to short-term rentals and other uses in residential areas that may affect the quality of life. (Previously #8)
•The City supports the continuation and funding of federal housing assistance programs, such as vouchers or rental assistance, including those funded through existing grant programs such as the Community Development Block Grant (“CDBG”).
5. Transportation
•The City supports funding for investments in transportation which aim to reduce traffic and pollution; including investments in roads, public transportation networks, mass transit systems such as rail, and bicycle/ pedestrian infrastructure, such as funding for project design, construction, and maintenance.
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6. Environment
•The City supports modification to the California Environmental Quality Act (“CEQA”) and the National Environmental Policy Act (“NEPA”) to eliminate duplicative and unnecessary provisions of the existing law. (Previously #4)
•The City supports legislative and regulatory efforts that reduce or delay the financial and compliance impacts of State-mandated organics recycling. (Previously #20)
•The City opposes Municipal Separate Strom Sewer System (“MS4”) permit requirements that impose undue costs or burdens on municipalities or limit local flexibility in managing stormwater pollution.
•The City opposes gas to electric transition efforts that would impose undue financial burdens for residents, local businesses, and property owners.
•The City supports legislation or regulations to lengthen the duration of National Pollutant Discharge Elimination System (“NPDES”) permits for stormwater discharge under the Clean Water Act (“CWA”) from five (5) to ten (10) years, and
strengthening federal programs designed to assist municipalities in achieving NPDES permit compliance.
7. Social and Demographics
•The City supports religious freedom and legislation or regulations protecting religious freedom at both the state and federal level. (Previously #10)
•The City supports legislation or regulations that advance the practice or policy of favoring individuals in hiring and similar contexts based solely on abilities and personal merits, including education, skills, experience, and other similar factors. (Previously #24)
8. Wildlife and Natural Disaster
•The City supports legislation and regulations which puts safeguards on and curbs the cost of homeowners insurance premium increases and the cancellation of insurance, on account of wildfire and other natural disasters.
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1 ATTACHMENT 2
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2 CITY OF LAKE FOREST
(DRAFT) 2025-2027 LEGISLATIVE AND REGULATORY PLATFORM
I. INTRODUCTION
The Legislative and Regulatory Platform (“Platform”) defines the City's Policy guidelines and provides the foundation for advocacy efforts at the federal, state, and local levels. Staff uses this Platform to identify relevant topic areas and subject matter, and makes recommendations to City Council on specific legislation or regulations consistent with the policy guidelines. Additionally, in the event it is necessary for the City to respond to a legislative proposal in a timeframe that does not allow the City Council to take formal action, staff would express positions on bills in accordance with these guidelines, and then seek City Council direction at the appropriate time.
II. GUIDING PRINCIPLES
1. Support Public Safety
Support legislation or regulations that provides the City with the ability to maintain high-level public safety for its residents and businesses. Support measures and initiatives that preserve law enforcement action that provide residents with the safety needed to achieve a desirable quality of life. Oppose efforts that would diminish the City’s ability to properly fund its police services.
2. Preserve Local Control
Preserve and protect the City’s powers, duties, and prerogatives to enact local legislation and policy direction concerning local affairs and oppose legislation or regulations that preempts local authority. Oppose measures that seek to preempt or degrade local control.
3. Fiscal Responsibility and Economic Development
Support measures that promote fiscal stability, financial independence, preserve the City’s revenue base, and maximum local control over local government budgeting. Oppose measures that shift local funds to the county, state, or federal governments and/or make cities more dependent on the county, state, or federal governments for financial stability.
4. Housing and Land Use
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3 Support legislation or regulations that preserves local authority and flexibility in housing and land use regulations to safeguard community character, health, and safety. Oppose legislation or regulations that would hinder the unique needs and priorities of the community or negatively affect local governance or property rights.
5. Environment
Support legislative and regulatory measures that prioritize responsible resource management and local autonomy in environmental regulation.
Advocate for streamlined regulatory processes that reduce unnecessary bureaucracy. Oppose policies that impose undue restrictions on local decision-making and limit the availability of diverse energy options.
III. POLICY STATEMENTS
1. Public Safety
•The City opposes any state or federal mandates that would undermine local decision-making in critical areas in Public Safety. •The City supports legislation or regulations to address safety concerns related to e-bikes, fentanyl, and retail theft mitigation. •The City supports legislation or regulations that would help to fund regional transportation projects that sustain the City’s regional public safety model.
2. Local Control
•The City supports legislation or regulations that lead to greater financial independence from federal, state and/or county government, and protect local resources from seizure by federal, state and/or county agencies.
•The City supports legislation or regulations maintaining maximum local flexibility in all areas of its responsibility and operations and opposes legislation that imposes intrusive, unnecessary, or unfunded state- imposed mandates or preempts local authority.
•The City opposes legislation or regulations that make the City more dependent on federal, state, and/or county government or agencies for policy direction.
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4 •The City opposes legislation or regulations to limit the City’s ability to contract for municipal services.
•The City opposes any legislation or regulations that are inconsistent with the doctrine of home rule, interferes with local exercise of police powers over local land use, or requires a federal, state, and/or county entity to develop model planning practices and policies. •The City supports legislation or regulations that bolster programmatic and grant funding available for local governments to access in order to fund infrastructure projects, or other improvements which would benefit the community, including federal Community Project Funding/ Congressionally Directed Spending.
•The City supports maximum flexibility with regard to expending grant funds that address economic recovery associated with public health declarations, natural disasters, and other emergencies, as well as the other needs of the City in which grant funds can be utilized.
3. Fiscal Responsibility and Economic Development
•The City supports bills that would lower taxation rates for businesses and residents.
•The City opposes legislation, regulations, or ballot initiatives that would alter the legislative intent of Proposition 13, including a split real- property tax roll that would affect commercial property and any amendment that would affect residential property.
•The City Council opposes efforts by the State Legislature to assess taxes on public goods and services such as water and electricity. •The City opposes legislation that would lower the vote threshold as a method to impose new taxes or create new financing opportunities. •The City supports efforts to reestablish the authority and financing capability previously afforded to local governments by redevelopment through legislation or regulations designed to support businesses through economic development and the City supports efforts to facilitate economic development efforts that enhance opportunities for local businesses.
•The City supports legislation or regulations that would amend existing law to ensure that prevailing wage rates do not impede its ability to pursue small-dollar projects and lower operating costs.
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5 •The City supports policies that prioritize private sector investment and economic development. The City opposes the imposition of stringent regulations that could stifle business innovation, hinder economic growth, or discourage investment in the community.
4. Housing and Land Use
•The City supports efforts to amend the current occupancy calculation in the Uniform Housing Code (“UHC”) to achieve a more reasonable standard, thereby, improving the health, safety, and residential character of our community.
•The City supports efforts, at both the federal and state level, to provide local agencies with regulatory tools related to short-term rentals and other uses in residential areas that may affect the quality of life. •The City supports the continuation and funding of federal housing assistance programs, such as vouchers or rental assistance, including those funded through existing grant programs such as the Community Development Block Grant (“CDBG”).
5. Transportation
•The City supports funding for investments in transportation which aim to reduce traffic and pollution; including investments in roads, public transportation networks, mass transit systems such as rail, and bicycle/ pedestrian infrastructure, such as funding for project design, construction, and maintenance.
6. Environment
•The City supports modification to the California Environmental Quality Act (“CEQA”) and the National Environmental Policy Act (“NEPA”) to eliminate duplicative and unnecessary provisions of the existing law. •The City supports legislative and regulatory efforts that reduce or delay the financial and compliance impacts of State-mandated organics recycling.
•The City opposes Municipal Separate Strom Sewer System (“MS4”) permit requirements that impose undue costs or burdens on municipalities or limit local flexibility in managing stormwater pollution.
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6 •The City opposes gas to electric transition efforts that would impose undue financial burdens for residents, local businesses, and property owners.
•The City supports legislation or regulations to lengthen the duration of National Pollutant Discharge Elimination System (“NPDES”) permits for stormwater discharge under the Clean Water Act (“CWA”) from five (5) to ten (10) years, and strengthening federal programs designed to assist municipalities in achieving NPDES permit compliance.
7. Social and Demographics
•The City supports religious freedom and legislation or regulations protecting religious freedom at both the state and federal level. •The City supports legislation or regulations that advance the practice or policy of favoring individuals in hiring and similar contexts based solely on abilities and personal merits, including education, skills, experience, and other similar factors.
8. Wildlife and Natural Disaster
•The City supports legislation and regulations which puts safeguards on and curbs the cost of homeowners insurance premium increases and the cancellation of insurance, on account of wildfire and other natural disasters.
IV. LEGISLATIVE DIRECTION
•Staff may continue to advocate a position for a bill which has been amended into a new bill number as long as the language and intent remain substantially unchanged.
•The City shall monitor and take into consideration the strategic goals and positions adopted by local and regional agencies, including but not limited to the following:
▪Association of California
Cities – Orange County (ACC-
OC)
▪County of Orange
▪El Toro Water District (ETWD)
▪Irvine Ranch Water District
(IRWD)
▪League of California Cities
(CalCities)
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7 ▪Orange County-American
Planning Association (OC-
APA)
▪Orange County Business
Council (OCBC)
▪Orange County Council of
Governments (OCCOG)
▪Orange County Fire Authority
(OCFA)
▪Orange County Sheriff’s
Department (OCSD)
▪Orange County
Transportation Authority
(OCTA)
▪South Coast Air Quality
Management district (South
Coast AQMD)
V. LEGISLATIVE PROCEDURES
1) Develop and adopt a legislative and regulatory platform every two years based on the long-term strategic vision and current needs of the City. 2) Monitor and analyze proposed legislative and regulatory matters to determine effects on the City’s municipal operations and service to its residents and businesses.
3) Staff will stay up to date on legislative and regulatory matters relevant to their respective department.
4) Present legislative and regulatory matters to the City Council periodically throughout the legislative calendar.
5) Communicate the City’s position on proposed legislation or regulations through letters of support or opposition for legislation or regulations that is impactful to the City.
6) Work regularly with state and federal lobbyists to ensure that the City’s voice is well represented.
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ATTACHMENT 3
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2025 TENTATIVE LEGISLATIVE CALENDAR
COMPILED BY THE OFFICE OF THE ASSEMBLY CHIEF CLERK AND THE OFFICE OF THE SECRETARY OF THE SENATE Revised 10-16-24
JANUARY
S M T W TH F S
1 2 3 4
Wk. 1 5 6 7 8 9 10 11
Wk. 2 12 13 14 15 16 17 18
Wk. 3 19 20 21 22 23 24 25
Wk. 4 26 27 28 29 30 31
DEADLINES
Ja
n. 1 Statutes take effect (Art. IV, Sec. 8(c)).
Ja
n. 6 Legislature reconvenes (J.R. 51(a)(1)).
Jan
. 10 Budget bill must be submitted by Governor (Art. IV, Sec. 12(a)).
Ja
n. 20 Martin Luther King, Jr. Day observed.
Jan. 24 L
ast day to submit bill requests to the Office of Legislative Counsel.
FEBRUARY
S M T W TH F S
Wk. 4 1
Wk. 1 2 3 4 5 6 7 8
Wk. 2 9 10 11 12 13 14 15
Wk. 3 16 17 18 19 20 21 22
Wk. 4 23 24 25 26 27 28
Fe
b. 17 Presidents’ Day observed.
Feb. 21
Last day for bills to be introduced (J.R. 61(a)(1), J.R. 54(a)).
MARCH
S M T W TH F S
Wk. 4 1
Wk. 1 2 3 4 5 6 7 8
Wk. 2 9 10 11 12 13 14 15
Wk. 3 16 17 18 19 20 21 22
Wk. 4 23 24 25 26 27 28 29
Wk. 1 30 31 Mar
. 31 Cesar Chavez Day observed.
APRIL
S M T W TH F S
Wk. 1 1 2 3 4 5
Wk. 2 6 7 8 9 10 11 12
Spring
Recess
13 14 15 16 17 18 19
Wk. 3 20 21 22 23 24 25 26
Wk. 4 27 28 29 30
Apr. 10
Spring Recess begins upon adjournment (J.R. 51(a)(2)).
Apr
. 21 Legislature reconvenes from Spring Recess (J.R. 51(a)(2)).
MAY
S M T W TH F S
Wk. 4 1 2 3
Wk. 1 4 5 6 7 8 9 10
Wk. 2 11 12 13 14 15 16 17
Wk. 3 18 19 20 21 22 23 24
Wk. 4. 25 26 27 28 29 30 31
May
2 Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house (J.R. 61(a)(2)).
May
9 Last day for policy committees to hear and report to the Floor nonfiscal bills introduced in their house (J.R. 61(a)(3)).
May
16 Last day for policy committees to meet prior to June 9 (J.R. 61(a)(4)).
May
23 Last day for fiscal committees to hear and report to the Floor bills introduced in their house (J.R. 61(a)(5)).
La
st day for fiscal committees to meet prior to June 9 (J.R. 61(a)(6)).
May 26 Memorial Day observed.
*H
oliday schedule subject to final approval by Rules Committee.
OVER
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2025 TENTATIVE LEGISLATIVE CALENDAR
COMPILED BY THE OFFICE OF THE ASSEMBLY CHIEF CLERK AND THE OFFICE OF THE SECRETARY OF THE SENATE Revised 10-16-24
JUNE
S M T W TH F S
No
Hrgs.
1 2 3 4 5 6 7
Wk. 1 8 9 10 11 12 13 14
Wk. 2 15 16 17 18 19 20 21
Wk. 3 22 23 24 25 26 27 28
Wk. 4 29 30
J
une 2-6 Floor Session only. No committee may meet for any purpose except Rules Committee, bills referred pursuant to A.R. 77.2, and Conference Committees (J.R. 61(a)(7)).
J
une 6 Last day for each house to pass bills introduced in that house (J.R. 61(a)(8)).
J
une 9 Committee meetings may resume (J.R. 61(a)(9)).
J
une 15 Budget bill must be passed by midnight (Art. IV, Sec. 12(c)(3)).
JULY
S M T W TH F S
Wk. 4 1 2 3 4 5
Wk. 1 6 7 8 9 10 11 12
Wk. 2 13 14 15 16 17 18 19
Summer
Recess 20 21 22 23 24 25 26
Summer
Recess 27 28 29 30 31
Ju
ly 4 Independence Day observed.
Ju
ly 18 Last day for policy committees to hear and report bills (J.R. 61(a)(10)).
S
ummer Recess begins upon adjournment, provided Budget Bill has been passed (J.R. 51(a)(3)).
AUGUST
S M T W TH F S
Summer
Recess
1 2
Summer
Recess
3 4 5 6 7 8 9
Summer
Recess
10 11 12 13 14 15 16
Wk. 3 17 18 19 20 21 22 23
Wk. 4 24 25 26 27 28 29 30
No
Hrgs.
31 A
ug. 18 Legislature reconvenes from Summer Recess (J.R. 51(a)(3)).
A
ug. 29 Last day for fiscal committees to hear and report bills to the Floor (J.R. 61(a)(11)).
SEPTEMBER
S M T W TH F S
No
Hrgs. 1 2 3 4 5 6
No
Hrgs. 7 8 9 10 11 12 13
Interim
Recess 14 15 16 17 18 19 20
Interim
Recess 21 22 23 24 25 26 27
Interim
Recess 28 29 30
S
ept. 1 Labor Day observed.
Sept. 2-12 Floor session only. No committees may meet for any purpose, except Rules Committee, bills referred pursuant to Assembly Rule 77.2, and Conference Committees (J.R. 61(a)(12)).
Sept. 5 Last day to amend on the Floor (J.R. 61(a)(13)).
Sept. 12 Last day for each house to pass bills. (J.R. 61(a)(14)).
Interim Recess begins upon adjournment (J.R. 51(a)(4)).
I
MPORTANT DATES OCCURRING DURING FINAL RECESS
2025
O ct 12 Last day for Governor to sign or veto bills passed by the Legislature before Sept. 12 and in the Governor’s possession on or after Sept. 12 (Art. IV, Sec. 10(b)(1)). 2026
J an. 1 Statutes take effect (Art. IV, Sec. 8(c)).
J
an. 5 Legislature reconvenes (J.R. 51(a)(4)).
*Holiday schedule subject to final approval by Rules Committee.
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ATTACHMENT 4
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Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa
1 2 3 4 1 1
5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8
12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29 30 31
Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa
1 2 3 4 5 1 2 3 1 2 3 4 5 6 7
6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14
13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 27 28 29 30 25 26 27 28 29 30 31 29 30
Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa
1 2 3 4 5 1 2 1 2 3 4 5 6
6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13
13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20 20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 27 28 29 30 31 24 25 26 27 28 29 30 28 29 30
31 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 2 3 4 1 1 2 3 4 5 6
5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13
12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27 26 27 28 29 30 31 23 24 25 26 27 28 29 {42} 28 29 30 31 30 October November December
2025 United States Senate
January February March
April May June
July August September
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/7/2025
DEPARTMENT: City Clerk
SUBJECT:
ANNUAL REVIEW OF CITY COUNCIL POLICIES
RECOMMENDED ACTION(S):
1. Adopt the draft City Council Logo Wear Policy.
2. Readopt the City Council Invocation Policy.
3. Review and/or revise all other City Council Policies as desired.
EXECUTIVE SUMMARY:
The City Clerk's Office maintains the record of City Council-adopted policies.
These policies relate to the conduct of the City Council and include policy-level procedures to guide staff. Staff present these policies to the City Council annually for review and adoption. The City Council policies are reviewed annually for efficiency, compliance with State law, and/or City Council direction. As the need arises, a City Council policy may be brought before the City Council for consideration and adoption independently from the annual review.
The Financial Management and Budgetary Policy is reviewed annually during the budget development process, as stipulated in the policy itself. Therefore, it was not included at this time and will be presented to the City Council in June 2025.
The City Council Policy Ad Hoc Committee (“Committee”) met with staff to review each of the City Council Policies. The Committee consisted of Mayor Pro Tem Pequeño and Council Member Yu. The recommendations presented in this report reflect the recommendations made by the Ad Hoc Committee during its deliberations. The Committee also discussed the idea of implementing an abstention policy. The policy would require Council Members to verbally provide a reason as to why they are abstaining from a vote. The City Attorney is researching this matter and will provide a verbal report during the City Council meeting.
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Staff is requesting the City Council review, readopt, and/or revise City Council policies as desired. Below are Tables 1 - 3. Attached to this staff report is a copy of each policy for the City Council review and consideration (Attachments 1- 20).
Table 1 summarizes the existing policies with no recommended changes.
Table 2 outlines the policies with the Committee’s proposed changes.
Table 3 includes one new policy for adoption.
Table 1: City Council Policies – No Proposed Changes
Attachment
No. Policy Title First
Adopted
Last
Revision Purpose
1. Appointment of
Commission
Members
4/3/2018 1/7/2020 Provides procedures for City
Council “one-to-one”
appointments to City
commissions (LFMC 2.06.050).
2. Consensus for
Placing Items on
the Agenda
1991 1/18/2022 Allows City Council Members to
periodically seek to place items
for consideration by the City
Council on the City Council
Agenda for discussion.
3. Censure 5/15/2018 5/15/2018 Outlines the Censure process for City Council Members.
4. Ethics 5/15/2018 1/2/2019 Describes the standards of behavior to which its leaders
aspire; Provides an ongoing
source of guidance to elected
leaders and City officials in their
day-to-day service to the City;
Promotes and maintains a
culture of ethics.
6. Public Comment 1/19/1993 1/2/2024 Establishes guidelines for members of the public to
address the City Council on any
item under the subject matter
jurisdiction of the Council;
Provides parameters for Council
Member response to public
commenters.
7. Requests for
City Attorney
Services
2/6/2018 1/2/2019 Establishes guidelines for
Officials’ legal services requests,
to ensure that those requests are
within the Code bounds and to
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Attachment
No. Policy Title First
Adopted
Last
Revision Purpose
maintain budgetary control over
the cost for legal services.
8. Resolutions 7/5/2023 1/16/2024 Provides guidelines for the consideration of requests for
action (i.e., the adoption of a
Resolution) upon matters over
which the City lacks jurisdiction
or substantial influence.
9. Written
Communications
12/7/1993 7/2/2024 Establishes guidelines for City
Council correspondence and use
of City of Lake Forest stationery
and letterhead by City Council
Members.
10. Digital
Signatures
5/18/2021 5/18/2021 Provides that any digital
signature system used to
conduct its business must meet
the criteria set forth in the
Administrative Policy and be
approved by the City Manager.
The Policy does not require that
digital signatures be used but
permits their use in place of
paper forms and handwritten
signatures.
11. Financial
Management
and Budgetary
10/20/2020 6/6/2023 Provides the framework and
direction for financial planning
and decision making by the City
Council and staff.
*Reviewed during the budget
development process
12. Recovered
Organic Waste
Product
Procurement
12/7/2021 12/7/2021 Sets a mandated procurement
target and provides guidance for
the purchase of products that
contain recovered organic waste,
such as compost and mulch
Staff suggests revisions be made to the policies identified in Table 2, below.
Each of these revisions can be tracked via the redlined attachments provided to this staff report.
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Table 2: Summary of Suggested Revisions to City Council Policies Attachment
No.
Policy Title Suggested Changes
5. Mayor’s Award Add City Manager and/or designee to
Ad-Hoc Committee.
13. Audit Committee
Add the word “ideally” when referring to
the length of terms of each Committee
member
14. Biennial City
Commission Workshop
Remove reference to previous practice
under “Purpose”
Update “Director of Management
Services” to “Deputy City Manager”
15. Invocation
Limit invocations to two minutes
Invocation shall not include political
statements
16. Mayor’s Minute Video
Segment
Update “Public Information Office” to
“Communications and Marketing”
Under content add “other topics related
to the City’s history”
17. Order of the Agenda
Update to reflect the current order items
are listed on the agenda
Warrants are now included under the
consent calendar
18. Recognitions Clarify language for memorial
adjournments
Remove the “City Pen” from the
definition section
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Attachment
No.
Policy Title Suggested Changes
19. Travel Expenditures Clarified purpose and scope.
References to the “League of CA Cities”
changed to “Cal Cities” to reflect the
correct name of the organization
Deleted language related to pre-paid
advances and CAL cards
Removed reimbursement language
related to “preliminary review by staff”
Table 3: New Policy
Attachment
No.
Policy Title Summary
20. Logo Wear
This policy establishes a budget of $300
per Council Member per two-year budget
cycle for apparel with the City logo
FISCAL IMPACT:
Discussing the City Council Policies has no fiscal impact. There is a fiscal impact associated with the policies that are related to purchasing logo wear and travel reimbursement. Those costs have been appropriately budgeted in the City’s current 2023-2025 Operating Budget.
ATTACHMENTS:
1. Appointment of Commission Members
2. Consensus for Placing Items on the Agenda
3. Censure
4. Ethics
5. Mayor’s Award
6. Public Comment
7. Requests for City Attorney Services
8. Resolutions
9. Written Communications
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10. Digital Signatures
11. Financial Management and Budgetary
12. Recovered Organic Waste Product Procurement
13. Audit Committee
14. Biennial City Commission Workshop
15. Invocation
16. Mayor’s Minute Video Segment
17. Order of the Agenda
18. Recognitions
19. Travel Expenditures
20. Logo Wear
Initiated By: Lisa Berglund, City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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City Council Policy: Appointment of Commission Members
Adopted 1993; Revised 4/3/18; 1/7/20 Page 1 of 4
CITY COUNCIL POLICY: APPOINTMENT OF
COMMISSION MEMBERS
Reaffirmed : January 2, 2024
1 INTRODUCTION
The Lake Forest City Council appoints members to its boards and commissions pursuant to the Lake Forest Municipal Code.
2 BACKGROUND
On April 3, 2018, the City Council adopted Ordinance No. 304, which amended chapter 2.06 of the Lake Forest Municipal Code to provide for “one-to-one” appointment of board and commission members by Councilmembers. Before Ordinance No. 304, board and commission members were appointed by a majority vote of the City Council. Under the “one-to-one” approach, each Councilmember appoints one member to each board and commission, and each board or commission member serves a term tied to that of the appointing Councilmember.
This policy provides a process for the City Clerk and Councilmembers to implement the one-to-one appointment approach and ensure a fair, open, and public appointment process within the 90-day timeframe prescribed by Lake Forest Municipal Code section 2.06.050.
3 PURPOSE
The purpose of this policy is to implement the commission and board member appointment provisions of Lake Forest Municipal Code, chapter
2.06. 4 APPLICATIONS AND RECRUITMENT
4.1 Open Call
4.1.1 Within five business days after the swearing in of a Councilmember or upon the occurrence of a vacancy on a board or commission, the City Clerk shall publish an open call for applications for consideration of an appointment(s) to the applicable board(s) or commission(s).
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City Council Policy: Appointment of Commission Members
Adopted 1993; Revised 4/3/18; 1/7/20 Page 2 of 4
4.1.2 The call shall remain open for 30 days. If deemed necessary by the City Clerk to ensure a fair and public call for applications, the City Clerk may extend the call for a fixed and reasonable period after 30 days.
4.1.3 The call for applications must be open to the public. Any Councilmember may recruit or encourage individuals to apply during the call, but an individual need not be referred by a Councilmember to apply.
4.1.4 To avoid Brown Act violations, Councilmembers should not discuss or consult with each other about potential applicants.
4.2 Applications
Qualified residents are encouraged to complete and submit an application to the City Clerk by the respective deadline. The City Clerk shall post all applications to the City website during the Councilmember Review period, following the close of the application submittal deadline.
4.3 City Clerk Review
The City Clerk shall review each application to determine whether the application is complete and whether an applicant is qualified to serve on a board or commission.
• The qualifications to serve on a board or commission, pursuant to Lake Forest Municipal Code § 2.06.030 are as follow: a resident of the City,
• a registered to vote in the City, and
• not an officer or employee of the City.
If the applicant submits a complete application, but is not qualified at the time of submittal, the City Clerk shall inform the applicant of criteria that must be met in order to be considered for an appointment.
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City Council Policy: Appointment of Commission Members
Adopted 1993; Revised 4/3/18; 1/7/20 Page 3 of 4
5 REVIEW AND SELECTION
5.1 Transmission of Applications
Within five business days after the close of the call for applications, the City Clerk shall transmit all complete applications to each appointing Councilmember.
5.2 Councilmember Review
5.2.1 Once the call for applications is closed, Councilmembers may consider for appointments only those individuals with applications transmitted to Councilmembers by the Clerk.
5.2.2 Appointing Councilmembers may interview applicants in- person, via teleconference, or via video conference or may send applicants additional questions in writing. Councilmembers may also consider applicants without conducting interviews or further communication.
5.2.3 Councilmembers should note that any written communication with applicants may be discoverable under the Public Records Act.
5.3 Selection
5.3.1 An appointing Councilmember shall send written notification of his or her appointment selection to the City Clerk. Within 24 hours after the City Clerk receives such notification, the City Clerk shall notify all appointing Councilmembers that the applicant has been selected.
5.3.2 If an appointing Councilmember wishes to change his or her selection prior to the time appointments are placed on an agenda for consideration, the Councilmember must notify the City Clerk of the new selection as soon as possible. Within 24 hours after the City Clerk receives such notification, the City Clerk shall notify all appointing Councilmembers that a new applicant has been selected.
5.3.3 To avoid Brown Act violations, Councilmembers should not discuss or consult with each other about their selections.
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City Council Policy: Appointment of Commission Members
Adopted 1993; Revised 4/3/18; 1/7/20 Page 4 of 4
5.4 Timing of Review and Section
To ensure completion of the appointing process within the 90-day timeframe for appointments (LFMC, § 2.06.050), appointing Councilmembers’ review and selection should be completed within 30 days of the City Clerk’s transmission of the completed applications to the Councilmembers. If a Councilmember requires more than 30 days to complete their review and selection, the Councilmember should immediately notify the City Clerk.
6 AGENDA AND APPOINTMENT
6.1 Agenda
Within 30 days, or other time period as deemed necessary by the City Clerk to meet the 90-day time frame for appointments (LFMC, §
2.06.050), after the City Clerk transmitted the applications to the appointing Councilmembers, the City Clerk shall place on the agenda for open session of a regular or special meeting the appointment(s) to a board or commission.
6.2 Appointment
At the meeting, each appointing Councilmember shall announce his or her selection for appointment to a board or commission. The appointment must be ratified by one other Councilmember other than appointing Councilmember.
6.3 Term
No person shall be eligible to serve as Commissioner on any one Commission for more than two (2) four (4) year terms. Said term limits begin with appointments made as a result of the 2020 General Election. Notwithstanding the foregoing, any person who is appointed for the balance of a four (4) year term, but who serves for less than four (4) years in that office, shall be eligible for appointment for two (2) consecutive four (4) year terms thereafter.
Appointees are eligible to serve two (2) four (4) year terms on multiple Commissions.
7. AUTHORIZED BY
Lake Forest City Council
January 7, 2024, Item No. X
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ATTACHMENT 2
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City Council Policy: Consensus for Placing Items on the Agenda Adopted 1991; Amended by Minute Order 12/18/12; 1/6/15; 9/1/15; 3/1/16; 7/11/17; 3/6/18; 1/18/22 Page 1 of 1
CITY COUNCIL POLICY: CONSENSUS FOR
PLACING ITEMS ON THE AGENDA
Reaffirmed January 2, 2024
City Council Members periodically seek to place items for consideration by the City Council on the City Council Agenda for full discussion.
PURPOSE
This Policy establishes guidelines for Council Member requests to place items on the City Council Agenda for consideration and defines Council Consensus for that purpose.
REQUESTS FOR COUNCIL CONSENSUS
Definition - City Council Consensus for the purpose of placing an item on the City Council Agenda for future consideration may be achieved with the assent of two (2) Council Members.
Agenda Items - During the City Council meetings, Council Members may request an item be placed on a future City Council agenda for consideration. If the Council Member desires a specific agenda date, the Council Member shall state his or her request for City Council consensus.
• A consensus agenda item would require a full agenda report including analysis and a staff recommendation, if appropriate.
• All items with significant budgetary impact (defined as in excess of $30,000), or capital improvement projects, will be agendized at the annual budget workshop.
• Council Members will be limited to introducing no more than four (4) agendized items per calendar year, not including items considered during the annual budget workshop.
• Consensus items sought in addition to the four (4) per Council Member, per calendar year, must be achieved with a super majority vote of four (4) Council Members.
• In the event a Council Member does not state a desire for a specific agenda date, and the item does not contain significant budgetary impact so as to be scheduled during the annual budget workshop, the City Manager shall agendize the item at a future meeting date at his/her discretion.
AUTHORIZED BY
Lake Forest City Council
January 7, 2025, Item No. X
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ATTACHMENT 3
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City Council Policy: Censure
Adopted 2018
CITY COUNCIL POLICY: CENSURE
Reaffirmed January 2, 2024
1. PURPOSE
The City of Lake Forest is committed to the ethical practice of government in service of the residents and community. This commitment is reflected in the City’s Ethics Policy, which every elected and appointed City representative acknowledges and agrees to abide by. While the Ethics Policy shows a voluntary commitment to abide by the highest ethical standards, from time to time situations may arise that require affirmative action by the City Council making clear the City’s position on certain ethical issues. This Censure Policy includes the standards and procedures for the City Council to take a clear stand on certain ethical issues.
2. CENSURE PROCESS
If a member of the City Council is found guilty or liable by any court of law, enforcement agency, administrative hearing officer, or public agency investigation, of violating a Law or Regulation, as that term is defined in this policy, he or she may also be subject to potential censure pursuant to the procedures of this Censure Policy.
a. Law or Regulation
The following constitute the Laws and Regulations which may give rise to a request for censure:
• California Political Reform Act of 1974 (Gov. Code § 81000 et seq.) • Regulations of the Fair Political Practices Commission (2 CCR § 18109 et seq.)
• Statutes concerning conflicts in government contracts (Gov. Code § 1090 et seq.)
• Statutes concerning political activity of city officers (Gov. Code § 3201 et seq.)
• Statutes concerning unlawful use of government resources (Gov.
Code Title 2 § 8314)
• Title 7 of the Civil Rights Act or the Fair Employment and Housing Act (finding of harassment or abuse of a City employee by an independent investigator)
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City Council Policy: Censure
Adopted 2018
b. Complaint and Hearing Procedures
Step 1. Within 90 calendar days of the final determination of violation of a Law or Regulation, complainant must file a request for censure online or in person with the City Clerk’s Office, 100 Civic Center Drive, Lake Forest, CA 92630. Request for Censure forms are available online at www.lakeforestca.gov and at the City’s Clerk’s office.
Step 2. Within 10 business days after receipt of the complaint, the City Clerk provides a copy of the complaint to all City Council Members and to the Council Member against whom the complaint is made.
Step 3. Within 10 business days after receiving a copy of the complaint, the Council Member may file a written reply to the complaint, which may include copies of documents, photographs, recordings, or other tangible materials that rebut the complaint.
Step 4. The City shall hire a hearing officer and send to the hearing officer a copy of the complaint and any response to the complaint from the Council Member against whom the complaint is made. The hearing officer shall be selected from the panel of hearing officers hired by the City. That panel shall consist of individuals with specialized training in the field of ethics, which may include a law professor specializing in ethics. Hearing officers shall be assigned to matters on a rotating basis to assure fair and impartial review and analysis of requests for censure.
Step 5. Within 15 business days of receiving copies of the complaint and response, the hearing officer shall provide a written recommendation to the City Council regarding whether the public official who is the subject of the complaint should be censured. The recommendation shall include, without limitation, a summary of the complaint and the public official’s response, and the reasons why the hearing officer supports his or her recommendation.
Step 6. Within 30 business days of receiving the hearing officer’s recommendation, or as soon as practicable, the City Clerk shall set the matter for hearing before the City Council and shall notify the complainant and Council Member against whom the complaint is filed of the date, time, and location of the hearing. At the time that the City Clerk sets the matter for hearing, the City Council shall be provided with the complaint, the Council Member’s reply, and the hearing officer’s recommendation.
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City Council Policy: Censure
Adopted 2018
Step 7. The City Council shall hold a public hearing to determine whether to censure the Council Member. At the beginning of the City Council hearing, each Council Member shall publicly disclose if they have had ex parte communications with either party or have discussed the complaint with any third party. The complainant shall first provide the City Council with a statement regarding the nature of the complaint.
Such statement shall not exceed ten minutes and shall not be interrupted by questions from the Council. The Council Member shall then be permitted to provide an opening statement, including his or her response to the complaint. Such statement shall not exceed ten minutes and shall not be interrupted by questions from the Council. At any other time during the hearing, City Council Members may ask questions of the parties. The City Council shall also receive public comment on the item. The complainant shall have three minutes to make closing remarks, then the Council Member shall have three minutes to make closing remarks.
Step 8. After deliberation, the City Council votes on whether to censure the Council Member. A censure may include removal from Council appointment(s) but should not include elimination of statutory rights or constitutional rights, including Council salary.
Step 9. In the event the City Council votes to censure the Council Member, the City Attorney shall draft a resolution which shall include the reasons for the City Council’s decision, the facts relied upon, and any findings supporting the decision. The resolution shall be placed on the next City Council agenda immediately following the date of the censure hearing.
Step 10. Within five business days of the City Council adopting the censure resolution, the City Clerk notifies the parties in writing of the City Council’s decision.
3. AUTHORIZED BY
Lake Forest City Council
January 7, 2025, Item No. X
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City of Lake Forest, California
Request for Censure Form
Name of Person Submitting Form:
Street Number and Name:
City:
State:
Zip Code:
Phone Number:
Email Address:
Please list the name of the Councilmember proposed to be censured:
Please describe the specific reasons on which the proposed censure is based.
If a member of the City of Lake Forest City Council is found guilty or liable by any court of law, enforcement agency, administrative hearing officer, or public agency investigation of violating an ethics law or regulation, he or she may also be subject to potential censure by the City Council.
This form must be submitted to the City Clerk within 90 days of a Councilmember’s final determination of guilt or liability. Upon submission, the City Clerk will initiate the censure process pursuant to the City’s Censure Policy. The censure determination will be informed by the initial finding of guilt or liability and by the recommendation of an independent hearing officer. The City Council retains ultimate discretion for the censure determination.
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ATTACHMENT 4
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City Council Policy: Ethics
Adopted 5/15/18; Revised 1/2/19 Page 1 of 3
CITY COUNCIL POLICY: ETHICS
Reaffirmed: January 2, 2024
Preamble
The citizens of the City of Lake Forest are entitled to responsible, fair, and honest City government that operates in an atmosphere of respect and civility.
Accordingly, the Lake Forest City Council adopts this policy to:
1. Describe the standards of behavior to which its leaders aspire.
2. Provide an ongoing source of guidance to elected leaders and City officials in their day-to-day service to the City.
3. Promote and maintain a culture of ethics.
Pledge
On May 15, 2018, the City Council of the City of Lake Forest adopted this Ethics Policy which applies to all members of the City Council and members of City boards, commissions, committees, and task forces and requires the following pledge:
ETHICS POLICY
RESPONSIBILITY/PROTECTING THE PUBLIC INTEREST
___ I comply with the laws of the nation, the State of California, and the City of Lake Forest in the performance of my duties.
___ I comply with the Oath of Office I took upon beginning my service for the City of Lake Forest.
___ My decisions are consistent with, among other things, the Fair Political Practices Act and other state and local laws.
___ I do not accept gifts, services, or other special considerations inconsistent with the Political Reform Act because of my public position. ___ I do not give special treatment or consideration to any individual or group beyond that available to any other individual.
___ Unless authorized by the City Council, I do not involve myself in the administrative processes for acquiring goods and services. ___ I recognize that the City Council and other City Commissions are independent legislative bodies, and I refrain from using my position to unduly influence the deliberations or outcomes of those bodies.
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City Council Policy: Ethics
Adopted 5/15/18; Revised 1/2/19 Page 2 of 3
FAIRNESS/ACCOUNTABILITY
___ I make decisions based on the merits of the issue, including research and facts. ___ I answer questions directly, telling the truth, and admitting a lack of knowledge if one exists.
___ I do not knowingly use false or inaccurate information to support my position or views.
___ I deter rumors and misunderstandings by making factual information available. ___ If I receive substantive information that is relevant to a matter under consideration from sources outside the public decision-making process, I publicly share it with my fellow Councilmembers or commissioners and staff at the public meeting where the matter is under consideration.
RESPECT FOR FELLOW ELECTED OR APPOINTED OFFICIALS, STAFF, AND
THE PUBLIC
___ I refrain from abusive conduct, personal charges, or verbal attacks upon the character, motives, ethics, morals, or comments of other Councilmembers, commissioners, committee members, staff, and the public.
___ I do not, in the performance of my duties, discriminate against any person on the basis of race, color, religion, national origin, ancestry, age, sex, gender, pregnancy, childbirth or related medical condition, sexual orientation, marital status, disability, medical condition, and actual or perceived gender identity.
PROPER AND EFFICIENT USE OF PUBLIC RESOURCES
___ I do not use public resources, such as agency staff time, equipment, supplies, or facilities, for private gain or personal purposes.
___ I make decisions after prudent consideration of their impact on City resources, taking into account the long-term financial needs of the agency, especially its financial stability.
___ I use my title(s) only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether I am exceeding or appearing to exceed my authority. ___ I refrain from making unauthorized commitments or promises of any kind purporting to bind the City.
___ I refrain from gratuitous comments that may harm the City’s position in litigation or potential litigation.
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City Council Policy: Ethics
Adopted 5/15/18; Revised 1/2/19 Page 3 of 3
ACKNOWLEDGMENT PROCESS FOR THE
CITY OF LAKE FOREST
ETHICS POLICY
All current elected and appointed City officials, including current members of the City Council and City Commissions, will be given a copy of the newly adopted City Ethics Policy following its adoption on May 15, 2018, and will be asked to initial each provision of the Ethics Policy and sign an acknowledgement form at that time.
Thereafter:
Each new member of the City Council and City Commissions will be given a copy of the City Ethics Policy and asked to initial each provision of the Ethics Policy and sign an acknowledgement form prior to their first meeting.
Copies of the City Ethics Policy and acknowledgment forms for elected officials and members of commissions shall be maintained on file with the City Clerk.
ACKNOWLEDGMENT OF RECEIPT
As an elected or appointed official of the City of Lake Forest, California, I certify that I have received a copy of the Ethics Policy of the City of Lake Forest, have been offered training and assistance in understanding the Ethics Policy, and am aware of the provisions of the Policy and its application to my responsibilities. Consistent with the Ethics Policy, I pledge that my conduct will adhere to the requirements of the Policy.
NAME: ____________________________________
(Please type or print your first and last name)
TITLE: ____________________________________
LEGISLATIVE
BODY: ____________________________________
SIGNATURE: ____________________________________
DATE: ____________________________________
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ATTACHMENT 5
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City Council Policy: Mayor’s Award
Adopted 3/15/18; Revised 3/2/21 Page 1 of 2
CITY COUNCIL POLICY: MAYOR’S AWARD
Revised: January 2, 2024
PURPOSE
This
policy is established to identify and recognize outstanding achievement by a Lake Forest employee or group of employees who has fulfilled one or more of seven developed criteria areas.
APPLIC
ABILITY OF POLICY
This
policy applies to any group or individual classified as a full-time employee(s) in good standing with the City. Any employee(s) that received the annual award shall not be eligible to receive it again for three subsequent calendar years.
CRIT
ERIA
Pe
rformance: Continued and repeated excellence in overall job performance, which exceeded job requirements and achieved outstanding results.
Proble
m-solving: Solved an extraordinary problem or achieved a considerably difficult goal.
Innova
tion: Successfully implemented an innovative idea where an outstanding result, such as significant cost savings or maximized program effectiveness, was identified.
Outsta
nding Act: Achieved an outstanding act, which brings positive recognition to the City from the public or media.
Custom
er Service: Provide exceptional support to a resident or City department, division project, group or individual.
T
eamwork: Efforts created excellent teamwork, resulting in a significant accomplishment by a team.
Commun
ity Contribution: Facilitating a positive change by contributing time, talent, or leadership to one or more community organizations.
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City Council Policy: Mayor’s Award
Adopted 3/15/18; Revised 3/2/21 Page 2 of 2
PROCESS
Th
e Mayor’s Award will be presented to one employee or group of employees annually by City Council. The Human Resources Division will oversee the nomination and selection process.
Nominations
A. Nominations will be submitted by City employees or members of the City Council.
B. Nominations will be submitted using the Mayor’s Award Nomination Form which will be available on the employee intranet or in the Human Resources Division. Additional supporting documentation, such as correspondence relating to the employee’s performance, could also be attached.
C. All completed nomination forms will need to be submitted to Human Resources by October 1 to begin the selection process.
Selection
A. Upon receipt Received nominations will be reviewed by the Management Team. If a member of the Management Team is nominated, that person will be excluded from the review process.
B. The Management Team will recommend three to five “finalist” nominees for the City Council Ad-Hoc committee to review.
C. The Ad-Hoc committee, comprised of the Mayor, and Mayor Pro- Tem, City Manager and/or her designee will select one employee or group of employees from the finalist group who they feel best exemplifies the established criteria.
Recognition
The finalist selected shall be recognized at a City Council meeting during the month of December. The award recipient(s) shall receive the following as a result of being selected:
• Certificate of Recognition from the City Council
• A City plaque
• $250 gift card to a Lake Forest business or restaurant
AUTHORIZED BY
Lake Forest City Council January 7, 2025, Item No. X
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Mayor's Award
Employee Nomination Form
Name of Employee(s) to be Nominated Position(s)/Title(s) Recognition for (check all that apply):
Performance
Problem-solving
Innovation
Outstanding Act
Customer Service
Teamwork
Leadership
Community Contribution
Award Criteria Description:
1. Performance: Continued and repeated excellence in overall job performance, which exceeded job requirements and achieved outstanding results.
2. Problem-solving: Solved an extraordinary problem or achieved a considerably difficult goal.
3. Innovation: Successfully implemented an innovative idea where an outstanding result, such as significant cost savings or maximized program effectiveness, was identified.
4. Outstanding Act: Achieved an outstanding act, which brings positive recognition to the City from the public or media.
5. Customer Service: Provided exceptional support to a resident or City department, division, project, group or individual.
6. Teamwork: Efforts created excellent teamwork, resulting in a significant accomplishment by the team.
7. Community Contribution: Facilitating a positive change by contributing time, talent or leadership to one or more community organizations.
Please describe the reasons why you are nominating the employee(s) for the award.
Attach a separate sheet if more space is needed.
Please specify how the employee (s) accomplishments aligns with the award’s criteria, as noted above. Attach a separate sheet if more space is needed.
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Name: Title:
Signature: Date:
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ATTACHMENT 6
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City Council Policy: Public Comment
Adopted 1/19/93
Amended by Minute Order 3/1/16; 7/11/17; 3/6/18; Revised 1/2/24 Page 1 of 2
CITY COUNCIL POLICY: PUBLIC COMMENT
Revised: January 2, 2024
PURPOSE
Pursuant to State law, the public has the right to address the City Council on any item under the subject matter jurisdiction of the Council. This Policy establishes guidelines for members of the public to address the City Council for that purpose.
PUBLIC COMMENT
Definition
Public Comment is defined as communication which may be submitted in writing, submitted from social media sources, or spoken from the podium after being recognized by the Presiding Officer, or signified by applause while another member of the public or City Council Member is speaking after being recognized by the Presiding Officer. No other form of audible expression is permitted under this Policy.
Length of Comment
Those addressing the City Council under Public Comments shall be given three minutes per speaker. Each subject matter is allotted ten minutes under Public Comments. A total of thirty minutes is hereby designated for the Public Comments portion of the meeting.
Those addressing the City Council on matters listed on the agenda shall be given three minutes per speaker. There shall be no limit established as to the number of speakers permitted on any one agenda item or the aggregate number of speakers per meeting for agendized matters.
The foregoing two paragraphs notwithstanding, the City Council will provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the City Council as English speakers, unless the City utilizes simultaneous translation equipment in a manner that allows the City Council to hear the translated public testimony simultaneously.
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City Council Policy: Public Comment
Adopted 1/19/93
Amended by Minute Order 3/1/16; 7/11/17; 3/6/18; Revised 1/2/24 Page 2 of 2
Extension of Comment Period
Extension of the Public Comment period identified in Section 2.2 shall be at the discretion of the presiding officer or by a majority vote of the City Council.
Response to Public Comment
Individual Council Members may respond to matters presented by speakers under Public Comments immediately following each individual Public Comment, limiting their remarks to no more than one minute.
Council Members shall not argue with, scream at, or denigrate any speaker for any reason, regardless of provocation. Notwithstanding this provision, Council Members may respond briefly, offer alternative facts or opinions.
AUTHORIZED BY
Lake Forest City Council
January 7, 2025, Item No. X
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ATTACHMENT 7
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City Council Policy: Requests for City Attorney Services Adopted 2/6/18
Revised 1/2/19 Page 1 of 2
CITY COUNCIL POLICY: REQUESTS FOR CITY
ATTORNEY SERVICES
Reaffirmed: January 2, 2024
From time to time, matters arise in which City Council Members (“Official” or “Officials”) require legal advice and counsel. The Lake Forest Municipal Code (“Code”) authorizes the City Attorney to advise Officials on legal matters pertaining to their offices, give advice or opinion on the legality of matters under Council consideration, and perform other legal duties as the Council may require. (LFMC § 2.16.030.)
1 PURPOSE
This Policy establishes guidelines for Officials’ legal services requests, in order to ensure that those requests are within the Code’s bounds and to maintain budgetary control over the cost for legal services.
2 Requests for Legal Services
2.1 Conflicts of Interest.
An individual Official may contact the City Attorney for legal advice at any time regarding potential or actual conflicts of interest that the individual Official may have, which arise under the Political Reform Act, Government Code Section 1090, or any other State or local law and regulation relevant to this area.
2.2 Agenda Items.
During City Council meetings, any Official may request that the City Attorney provide legal advice or opinion on any matter listed on the Council agenda. If the request does not relate to an item on the Council agenda, the Council body may direct the City Attorney to report back to the Council on the matter.
Between City Council meetings, individual Officials may contact the City Attorney’s Office for legal advice regarding any item on an upcoming Council agenda.
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City Council Policy: Requests for City Attorney Services Adopted 2/6/18
Revised 1/2/19 Page 2 of 2
2.3 Non-Agenda Items.
Between Council meetings, each Official may direct the City Attorney to spend up to two (2) hours researching legal issues related to City items not on an upcoming Council agenda. In such circumstances, the City Attorney is authorized to report directly back to the requesting Official.
3. AUTHORIZED BY
Lake Forest City Council
January 7, 2025, Item No. X
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ATTACHMENT 8
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City Council Policy: Resolutions
Adopted 7/5/23
Revised 1/16/24 Page 1 of 2
CITY COUNCIL POLICY: RESOLUTIONS
Revised January 16, 2024
PURPOSE
To provide guidelines for the City Council’s consideration of requests for action upon matters over which the City lacks jurisdiction or substantial influence, and to preserve Council meeting time and resources for those matters upon which the City Council’s decisions have direct and concrete consequence for the City.
BACKGROUND
The City Council is sometimes requested to take action on matters which lie outside the scope of its jurisdiction. The City Council desires to focus on issues within the City’s subject matter jurisdiction and which most immediately affect the City of Lake Forest.
DEFINITION
Resolutions: A resolution is a formal, written action of the City Council and must be formally adopted by the City Council at a publicly noticed meeting. An official resolution is developed in the standard legal format for City resolutions.
Resolutions recognizing individuals or groups will incorporate the same standard format as a formal position resolution. Format modifications that are appropriate for presentations will be made by staff. Adoption of a resolution requires a staff report with a recommendation and justification for issuing the resolution to the requester.
POLICY
Resolutions of the City Council
Fully realizing and supporting the fundamental right of every citizen of this City to make views and opinions known to all persons in any branch of government, it is the policy of the Council of the City of Lake Forest that its actions be restricted to issues within the City’s subject matter jurisdiction, and which most immediately affect the City of Lake Forest.
By directing the Council's attention to the most locally germane issues, it is the Council's intention to safeguard responsiveness to the residents of Lake Forest by ensuring additional study time for local issues.
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City Council Policy: Resolutions
Adopted 7/5/23
Revised 1/16/24 Page 2 of 3
The basic criteria for non-staff generated resolutions are as follows:
1. The primary purpose of the resolution must be to give special recognition to individuals or groups, local issues, actions, and/or programs that contribute to the City of Lake Forest. (Examples include notable achievements at a local school.)
2. The resolution’s topic acknowledges a noteworthy occurrence that took place in the City of Lake Forest. (Examples include recognizing a life- saving act in Lake Forest.)
3. The resolution’s topic directly impacts the operations of the City of Lake Forest.
4. The resolution topic must not:
a. Dehumanize, degrade, or ridicule any individual or group. b. Advocate the overthrow of any of the levels of the U.S. government.
5. The resolution topic must comply with federal, state, and local law.
It is further the policy of the Council of the City of Lake Forest that it shall not act or take a position on:
1. Matters concerning the foreign policy of the United States of America or its relationship to other countries of the world except at the expressed request of an elected official of the federal government or an authorized representative of a department or agency of the federal government.
2. Actions or lack of actions of the federal or state government or other state governments or their political subdivisions that do not affect the operations of the City of Lake Forest.
This policy is not intended to limit the prerogative of members of the City Council to place before the City Council any question which they deem to be appropriate for consideration or to limit debate on issues which meet the above criteria.
continued on next page
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City Council Policy: Resolutions
Adopted 7/5/23
Revised 1/16/24 Page 3 of 3
Declaratory Resolutions Letters Issued by Members of the City Council
On matters that do not meet the criteria for the consideration by the Council of a non-staff generated resolution outlined above, members of the City Council may individually or as a non-majority issue a declaratory letter representing their position on the matter. Only fewer than a majority of the entire membership of the Council may (1) discuss the issuance of a declaratory letter representing their position on the matter, or (2) issue a declaratory letter representing their position on the matter. The declaratory letter must include express language stating that the position contained in the letter does not represent an official position of the City of Lake Forest, and only represents the position of the undersigned. The declaratory letter may, but is not required to, further clarify that the City, as a matter of policy, does not take official positions on such matters.
AUTHORIZED BY
Lake Forest City Council
January 7, 2025, Item No. X
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ATTACHMENT 9
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City Council Policy: Written Communication
Adopted by Minute Order 12/7/93
Amended by Minute Action 6/21/05; 10/21/14; 3/6/18; 7/5/23 Revised 7/2/24 Page 1 of 4
CITY COUNCIL POLICY: WRITTEN
COMMUNICATION
Revise d July 2, 2024
California law prohibits the use of public resources for personal or political gain.
Chapter 1.04 of the Lake Forest Municipal Code prohibits the use of the City logo for commercial purposes. The City Council has determined that correspondence paid for with public funds or on City stationery or letterhead must relate to actual and authentic City business and must not purport to advance or advocate a policy not previously approved by the City Council. This policy establishes guidelines for City Council and use of City of Lake Forest stationery and letterhead by City Council Members.
1 Definitions.
1.1 City Council Correspondence.
City Council Correspondence is any written communication, including communications in facsimile or electronic format (e-mail), which is addressed to a City Council Member or authored by a City Council Member(s). Examples include, but are not limited to:
a) Correspondence addressed to the City Council, individual Council Members or the Mayor sent to a City facility or to City of Lake Forest e-mail accounts not clearly marked or identified as “personal” or “confidential,”
b) Correspondence sent by the City Council, individual Council Members or the Mayor regarding City business,
c) Correspondence, except purely social or salutatory
correspondence, that identifies the author as a Council Member, elected official, or includes a City Council Members’ City of Lake Forest business card.
1.2 Social and Salutatory Correspondence.
Any Correspondence written by City Council Members or the Mayor conveying greetings, congratulations, gratitude or other similar sentiments to residents, business owners, government agencies or other persons or entities.
1.3 Letters of Recommendation.
Any Correspondence written by City Council Members or the Mayor recommending employment or admission to educational institutions, the United States Military, Peace Corps, or other service program.
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City Council Policy: Written Communication
Adopted by Minute Order 12/7/93
Amended by Minute Action 6/21/05; 10/21/14; 3/6/18; 7/5/23 Revised 7/2/24 Page 2 of 4
1.4 Campaign Literature.
Any information delivered to the public designated to either further or injure a political campaign.
1.5 Official City Representation.
Any statement made by the City Council, Individual Council Members, or the Mayor which states, or which could reasonably be interpreted to state, a City policy, position, or commitment to action.
1.6 Declaration Letter.
A formal acknowledgement or a statement about a particular stance or opinion written on an official letterhead by no more than two Council Members.
2 Policy.
2.1 City Council Correspondence.
With the exception of e-mail, all outgoing City Council Correspondence shall be on City of Lake Forest stationery or letterhead maintained exclusively at City Hall and shall be signed by City Council Members or the Mayor. Copies of all City Council Correspondence shall be provided to the City Clerk for retention pursuant to the City’s Records and Retention Policy as authorized by State law. All City Council Correspondence sent to or from City of Lake Forest e-mail accounts shall be automatically retained by the City’s e-mail archive software pursuant to the City’s Records and Retention Policy.
2.2 Social and Salutatory Correspondence.
The use of City stationery, including informal note cards or memo pads, by City Council Members or the Mayor is authorized for the purpose of social and/or salutatory correspondence, subject to the limitations of state law relative to mass mailings and/or campaign related communication. No copies of such correspondence are retained in the ordinary course of business and are not subject to the City’s Records and Retention Policy.
2.3 Campaign Literature.
No City of Lake Forest stationery, letterhead, or informal note cards or memo pads shall be used for Campaign Literature.
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City Council Policy: Written Communication
Adopted by Minute Order 12/7/93
Amended by Minute Action 6/21/05; 10/21/14; 3/6/18; 7/5/23 Revised 7/2/24 Page 3 of 4
2.4 Official City Representations/Declaration Letters.
No individual City Council Member or the Mayor shall transmit any Correspondence containing an Official City Representation without authorization from the City Council to serve as spokesperson for this purpose. When otherwise presenting their individual opinions and positions, members of the City Council shall explicitly state they do not represent the City and will not allow the inference that they do.
Individual letterhead may be used to express the individual position of the Mayor or a City Council Member (i.e. Declaration Letter), subject to the limitations of state law relative to mass mailings and/or campaign related communication. Such correspondence shall be submitted to the City Clerk’s Office for review and placed on individual letterhead with footer language specifically noting the position or opinion set forth in the correspondence is solely that of the author and not that of the City or City Council.
2.5 Letters of Recommendation.
Any letters of recommendation written by individual City Council Members or the Mayor shall be on City of Lake Forest stationery or letterhead maintained exclusively at City Hall and shall be signed by City Council Members or the Mayor. Copies of any letters of
recommendation shall be provided to the City Clerk for retention pursuant to the City’s Records and Retention Policy as authorized by State law.
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City Council Policy: Written Communication
Adopted by Minute Order 12/7/93
Amended by Minute Action 6/21/05; 10/21/14; 3/6/18; 7/5/23 Revised 7/2/24 Page 4 of 4
3. Fair Political Practices Commission (FPPC) Compliance When city staff or other city resources are used to prepare letters or other writings, those writings are deemed an official communication from the City.
Letters composed, copied, distributed, mailed or otherwise distributed by the City may not violate any FPPC regulations. No more than 29 letters featuring the name and/or signature of an elected official shall be mailed or distributed by the City, per Council Member, per month. In a case where a letter is signed by all five members of the City Council, names of all elected officials in a roster where each name is the same size and font type is appropriate.
See FPPC Reg. 18901 for more details or contact the City Clerk to review prior to composition and distribution of such letter.
4. Letters or Writing by Council Members at their Own Expense
Nothing in this policy shall prevent any individual member of the City Council from sending a letter that is created, composed, printed, copied and distributed entirely at his or her own expense regardless of the number of pieces distributed or mailed. No City staff or resources may be used in connection with such writings. The City logo may not be used however the writing may include the sender’s title such as “Mayor _______” or Council Member _______”
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ATTACHMENT 10
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City Council Policy: Digital Signatures and Electronic Approvals Adopted 5/18/21 Page 1 of 3
CITY COUNCIL POLICY: Use of Digital
Signatures and Electronic Approvals
Reaffirmed: January 2, 2024
1 Purpose.
The purpose of this City Council Policy is to set forth the policy, purpose, scope, and conditions for the use of digital signatures (“e- signatures”) and electronic approvals of external and internal documents (“Documents”).
2 Background.
The City of Lake Forest seeks to increase efficiency and customer service, and streamline the approval process of Documents, by utilizing available commercial software for digital signatures and electronic approvals. The City recognizes that City business routinely takes place remotely, and the capability to use electronic systems for signatures and approvals will facilitate more efficient processes. The City further intends to make some forms and workflows available electronically, and reduce the amount of paper records and forms that are processed, printed, and stored.
3 Policy.
A. It is the policy of the City Council that:
1. The City Council, staff, and other signatories may use digital signatures and electronic approvals on Documents presented to the City Council for approval.
2. The City Council establishes that any digital signature system must meet criteria established by the City Manager as defined in the Electronic Signatures Administrative Policy.
3. The City’s right or option to conduct a transaction
electronically shall not affect the City’s right, option, or obligation to have documents provided or made available in paper format.
4. If a law prohibits a transaction from occurring electronically, the transaction must occur in the manner specified by law.
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City Council Policy: Digital Signatures and Electronic Approvals Adopted 5/18/21 Page 2 of 3
B. Digital Signatures
1. The City of Lake Forest accepts digital signatures as legally binding and equivalent to handwritten signatures to execute an agreement in accordance with California Government Code section 16.5, except as otherwise noted in this Policy.
2. This Policy applies to all uses of digital signatures to conduct official City business.
3. Signatures that must be made in the presence of a notary public may not be made digitally or electronically.
4. Each City official and employee should keep his or her digital signature or “digital ID” secure and confidential.
5. No City official or employee may use another person’s digital signature.
6. No City representative shall apply a digital signature representing themselves as an authorized user other than themself.
C. Electronic Approvals
1. Internal Document approvals may be signified by electronic means as a replacement for paper forms and handwritten
signatures.
2. The City will establish a control authority to monitor the creation and validity of System accounts. Designated System accounts will be authorized by the City Manager or delegate.
3. An electronic approval must be unique to the person using it.
A user may not share his or her unique User ID and password with another person.
4. An electronic approval must be capable of verification through a system audit and reports that show the history of a workflow, the user action, and date and time the approval was made.
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City Council Policy: Digital Signatures and Electronic Approvals Adopted 5/18/21 Page 3 of 3
4 Definitions.
A. Digital Signature – a type of electronic means of signifying a person’s approval or consent on an electronic document.
B. Authorization - The City Manager shall determine the documents for which the City will accept digital signatures, as well as the type(s) of acceptable digital signatures, as defined in the Electronic Signatures Administrative Policy.
C. Electronic Approval – An electronic process signifying a person’s approval of an electronic record or electronic workflow. Electronic approvals may take the form of hitting a button such as “OK” or “Approve” during a session where the user has authenticated.
D. Electronic Record – A record created, generated, sent, communicated, received, or stored by electronic means.
E. Electronic Workflow – An automated workflow, generally involving more than one person, which involves the creation and routing, authorization and monitoring of data in electronic format across the computer network or networks.
F. Document - Documents may include, but are not limited to, policies, agreements, and other internal and external official actions, as outlined in the Electronic Signatures Administrative Policy.
G. External Document – Any document generated by or required to be signed by persons other than City employees and City officials.
H. Internal Document – An administrative form or document designed for use exclusively by City staff to support internal workflow processes.
I. Signature Authority – The authority to execute an agreement on behalf of the City via signature, digital or manual.
J. Transaction – An action or set of actions occurring between two or more persons relating to the conduct of any business, negotiation, management, or proceeding.
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ATTACHMENT 11
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CITY COUNCIL POLICY: FINANCIAL
MANAGEMENT AND BUDGETARY
Revised: June 6, 2023
1 Purpose.
Provide the framework and direction for financial planning and decision making by the City Council and City staff. These policies are designed to ensure the City’s financial integrity and provision of services that address the priorities of Lake Forest’s constituents.
This policy establishes financial parameters that will guide the budget development and deliberation process, safeguard financial assets, and maintain the City’s strong financial condition.
The desired policy outcome is that the long-term implications of financial decisions are fully understood and considered in the decision-making process.
The City Council will review this policy during each budget development process and consider any recommended revisions with the adoption of the budget.
2 Long-Range Financial Planning and Budget.
a) The budget is a resource allocation document and serves as the financial plan for the City. It will serve as the policy document of the City Council and will provide policy direction to the City Manager in the areas of desired service levels and funding priorities.
b) The City Manager shall present a proposed budget to the City Council on a biennial basis to be adopted no later than June 30 in odd numbered years preceding the commencement of the two-year budget cycle. The budget will be prepared, presented, and administered by the City Manager and Director of Finance/City Treasurer.
c) The City will maintain a long-range fiscal perspective by preparing a two-year operating budget, seven-year Capital Improvement Plan, and seven-year Financial Forecast. The Budget will be developed and adopted with a sharp focus on long-term financial solvency and compliance with provisions of this policy.
d) The City Council values public input in the budgeting process and will provide opportunities for public input.
e) The budget document will be prepared in a manner which facilitates public study and effectively communicates key economic issues and fiscal policies.
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The budget will document and explain assumptions for underlying revenue sources and expenditure estimates.
f) The City Council may authorize the use of reserves and/or non-recurring revenues to balance the budget when unforeseen events occur that reduce the City’s recurring revenues, and to direct the City Manager to make budgetary recommendations that will re-balance the budget within a specified timeframe.
g) All budgetary procedures will conform to state regulations and Generally Accepted Accounting Principles (GAAP) for governmental agencies.
h) The City’s budget will be presented by Program Area with a logical breakdown of programs. The budget format will clearly outline the major service areas and associated expenditures.
i) The budgeting process will include reports to the City Council and will include budgetary status and compliance. The City Manager will notify the City Council whenever changing operations or economic developments require corrective budgetary modifications. The City Manager shall also inform the City Council if operating revenues are projected to decrease by more than 10% from the adopted budget.
j) Non-personnel appropriations in the Operating Budget may be carried over from the first year to the second year of the two-year budget period with the approval of the City Manager with notification to the City Council Audit Committee.
k) Non-personnel appropriations in the Operating Budget may be carried over from on two-tear budget cycle to another when an agreement is in effect prior to the commencement of the new two- year budget with the approval of the City Manager with notification to the City Council Audit Committee.
l) Budget control shall be the responsibility of the Department Head.
Department Heads shall, with the concurrence of the Director of Finance/City Treasurer, have the authority to move appropriations between programs under their responsibility within the same Program Area.. At the discretion of the City Manager, appropriations may be transferred from one Program Area to another, or between funds within the Operating Budget with notification to the City Council Audit Committee.
m) At the City Manager’s discretion, appropriations may be moved from one capital improvement project to another existing project within the adopted Capital Improvement Program with notification to the City Council Audit Committee.
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n) During the budget cycle, special circumstances may require an adjustment in the appropriations established in the adopted budget and would require a budget amendment. These may include:
i. Changes to spending priorities
ii. Increase in operating or capital expenditures
iii. Decrease in operating revenues
o) City Council approval is required to increase the total sum of the appropriations made for the Operating Budget or the Capital Improvement Plan from the adopted Budget Resolution. City Council approval is also required to move appropriations between the Operating Budget and the Capital Improvement Program.
p) The goal of the City’s long-range financial planning is to pay for capital projects and large, one-time expenditures from existing sources (savings or reserve funds) and not be dependent on borrowing or new revenues.
3 Capital Planning.
a) The purpose of the Capital Improvement Program is to systematically plan, schedule and finance capital projects as approved and prioritized by the City Council. The Capital Improvement Program will be a seven-year plan and will include major rehabilitation costs to existing infrastructure and facilities, as well as the cost of new facilities or capital improvements. Staff will inventory and assess the condition of all major capital assets every two years and make recommendations to the City Council regarding any modification of the Capital improvement Program as part of the budget development process.
b) Proposed capital projects will include projected changes in operating and maintenance costs, work force requirements, productivity, and risk management considerations.
c) A capital improvement project shall be established for all projects greater than $100,000 with an expected useful life of at least 3 years that also meet the definition of a public project per State Public Contracts Code Section 22002.These include projects involving construction, reconstruction, alteration, renovation, improvement, demolition or major repair work. This excludes routine, recurring and usual work for the preservation, protection, or maintenance of publicly owned land, improvements and equipment.
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d) For purposes of this policy, the scope of a proposed capital improvement project may be defined as the work to be undertaken at a single location.
However, if work at a specific location would not otherwise meet the cost threshold for establishing a separate capital improvement project and similar work is to take place at another location(s) during the same fiscal year, then all such similar work shall be defined as one capital improvement project.
e) A capital project may originate from a variety of input, including but not limited to public feedback, City Council and Commission ideas, the Biennial Residential and Business Satisfaction Study (i.e., survey), grant requirements or staff analysis. As part of the budget process, staff uses this input to submit Capital Improvement Program requests providing a detailed description of the proposed project or purchase. All requests will be reviewed by the City Manager using the formal evaluation process described below or some other alternative process identified by the City Manager. One evaluation consists of several ranking criteria, which are assigned relative weights as follows:
Criteria Weight
Project’s impact on health and safety 10
Project improves, upgrades, or rehabilitates an existing facility 9 Project’s impact on City operating budget 8
Project remedies a service deficiency 8
Percent of project costs to be funded by (non-City) resources and/or funding to be lost if project not done 7
Priority assigned by requesting Department 6
Other considerations, such as aesthetics, feasibility, special populations serviced, conformance to plans (including the General Plan), interjurisdictional effects and community economic effects
6 Once evaluation scores as assigned, project priorities will be determined and presented to the City Council for further review. After completing its review, the City Council will appropriate funding for the first two years of the Seven Year Capital Improvement Program as part of the two-year budget cycle.
f) Unexpended project appropriations will be automatically carried forward as continuing appropriations to future fiscal years as required to complete the intent of the original budget with notification to the City Council Audit Committee.
g) The City will actively pursue grant and other outside funding sources for all capital improvement projects. Staff will be cognizant that the grant amount should justify the staff time and other resources needed for its administration.
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4 Risk Based Reserves.
This section is designed to develop standards for setting reserve levels for various significant City funds. Adequate reserve levels are a necessary component of the City’s overall financial management strategy and a key factor in external agencies’ measurement of the City’s financial strength.
a) The City shall maintain reserves at a prudent level and shall use reserves appropriately with a focus on contributing to the reserves in good times and drawing on reserves in times of severe economic downturns, unforeseen major expenses, and/or sudden revenue losses to maintain a consistent level of service and quality operations.
b) The City shall establish certain financial reserves to protect the City against unexpected interruptions in revenues, vulnerability of State actions, adverse economic conditions, unpredictable one-time costs, and exposure to natural disasters and emergencies.
c) Established reserves will be based on an analysis of the risks that influence the needs for reserves as a hedge against uncertainty and loss. A risk is defined as probability and magnitude of a loss, disaster, or other undesirable event. The Risk Analysis will review the following risk factors and the City ‘s level of exposure to each risk factor impacting the City’s General Fund.
OPERATING RISK FACTORS
Revenue Source Stability
Vulnerability to Extreme Events
Expenditure Volatility
Leverage
Liquidity
Other Fund Dependency
Growth
CAPITAL RISK FACTORS
Capital Infrastructure and Asset
Replacement
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d) The Risk Analysis will identify the reserve level for each risk factor, the recommended Target General Fund Reserves based on all risk factors.
e) The Risk Analysis will be performed biennially in coordination with the development of the operating budget.
f) The Total Minimum Reserve shall be established 5% below the Target General Fund Reserve Level.
g) The Target General Fund Reserves and Total Minimum Reserve will be established and updated by resolution based on each biennial analysis.
h) Spending beyond the Total Minimum Reserve shall require a four-fifths vote of the City Council.
i) Gas Tax HUTA Fund – A minimum reserve level of $400,000 will be set aside as a reserve for street repair emergencies and other unanticipated traffic safety projects. The City Manager shall provide a plan including timeline to replenish the reserves within 180 days of City Council authorization to use the reserves. This reserve is intended to protect the City against unexpected interruptions in revenues, vulnerability of State actions, adverse economic conditions related to this revenue source.
j) Measure M Local Fair Share Fund – A minimum reserve level of $250,000 will be set aside as a reserve for street repair emergencies and other unanticipated traffic safety projects. The City Manager shall provide a plan including timeline to replenish the reserves within 180 days of City Council authorization to use the reserves. This reserve is intended to protect the City against unexpected interruptions in revenues, vulnerability of State actions, adverse economic conditions related to this revenue source.
k) The City shall maintain a Pension Employer Contribution Stabilization Trust Fund to reduce volatility in the employer contribution rates set by CalPERS.
The City shall target a 95% funding status for the pension plan and a required pension liability payment of less than 10% of the annual pension contribution within the seven-year financial forecast. Funding status will be based on the most recent actuarial valuation of the pension plan. The operating budget presented by the City Manager will provide an update on the balance of the available resources and any recommendations for the budget period.
l) The City Shall maintain an Other Post-Employment Benefits Trust (“OPEB”) Fund to fund the required health care costs to retirees. The City shall target a 100% funding status based on the most recent actuarial valuation of the OPEB Plan. The City shall make annual required contributions based on the most recent actuarial valuation of the OPEB Item: 16
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Plan. The operating budget presented by the City Manager will provide an update on the balance of the available resources and any recommendations for the budget period.
5 Fund Balance Management.
a) The Fund Balance Policy establishes guidelines and procedures for allocating and reporting fund balance in the financial statements in accordance with Governmental Accounting Standard Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, and as committed by City Council.
b) Fund balance is defined as the difference between the assets and liabilities reported in a governmental fund.
c) GASB Statement No. 54 defines five separate components of fund balance, each of which identifies the extent to which the City is bound to honor constraints on the specific purposes for which amounts can be spent.
d) The following components defined by GASB Statement No. 54 shall constitute the City’s Fund Balance for financial reporting purposes:
i. Nonspendable Fund Balance (inherently nonspendable) – Assets that cannot be converted to cash(e.g., prepaid items and inventories of supplies) and assets that will not be converted to cash soon enough to affect the current period. ii. Restricted Fund Balance (externally enforceable limitations on use) – Limitations imposed by creditors, grantors, contributors, or laws and regulations of other governments and limitations imposed by law through constitutional provisions or enabling legislation.
iii. Committed Fund Balance (self-imposed limitations on use set in place prior to the end of the fiscal year) – Limitation imposed at the highest level of decision making that requires formal action at the same level to remove (Ordinance).
iv. Assigned Fund Balance (limitation resulting from intended use) – Intended use established by highest level of decision making, by a body designated for that purpose, or by an official designated for that purpose, (delegated by the City Council to the City Manager).
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v. Unassigned Fund Balance (residual net resources) – Excess of nonspendable, restricted, committed, and assigned total fund balance.
e) For the General Fund, unless the fund balances are non-spendable or restricted, fund balances are “spendable” and available for use at the discretion of the City Council.
f) For all other Special Revenue, Capital Projects and Debt Serve Funds, these resources are limited as to use by external enforceable limitations (e.g., enabling legislation) therefore fund balances in these funds will be categorized as restricted.
6 Revenues and Expenditures.
a) The City will maintain a level of expenditures which will provide for the health, safety and welfare of the residents of the community.
b) The City will endeavor to maintain a diversified and stable revenue base to minimize the effects of fluctuations in any single revenue source. Efforts will be directed to optimize existing revenue sources while periodically reviewing potential new revenue sources.
c) The City will estimate revenue using an objective, analytical process; in the case of assumption uncertainty, conservative projects will be utilized.
d) The City will fund all current expenditures from current revenues, avoiding procedures that balance current budgets by postponing needed expenditures, accruing future revenues or rolling over short-term debt.
e) Development processing costs and related administrative expenses shall be totally offset by development fees.
f) Gas tax revenues will be annually set aside to offset all costs in connection with the City’s street maintenance program. The City will strive to maintain this program in such a manner that will not require the infusion of available General Fund resources.
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7 User Fees.
a) The purpose of this User Fee Policy is to provide a consistent framework for the analysis and evaluation of user fees imposed by the City of Lake Forest.
Topics include: Services for which user fees are appropriately considered, basis for maximum fee amounts, amount of costs to be recovered from fees, and procedures for updating fees.
b) User fees are applied to recover all or a portion of the City’s costs for providing service of individual benefit or cause. “Providing service means activities at the option of the individual, such as requests for service, or City response to the decisions or action of the individual, such as regulation. The wide-ranging application of user fees for services of individual benefit or cause enables the general revenue sources of the City to be directed more fully to other services yielding broader community benefit.
c) User fees are managed by nearly every operating function within the City.
Areas where user fees will be commonly applied include:
a. Regulatory activities, such as review and inspection of land development, construction/building, and improvements to infrastructure, and other areas of code review, compliance, and enforcement. b. Permitting, such as special events and use of public facilities, infrastructure, and services.
c. Facility rentals and use of public spaces, such as community centers, recreational sites, parks, and athletic field use.
d. Program participation.
e. Municipal operations providing service of individual benefit/request. f. Municipal operations responding to individual action. g. Licensing, billing, records management, and administration services. h. Direct-billing of City staff time.
d) Refer to the City’s Comprehensive Master Fee Schedule for a complete list of current services for which a user fee is imposed.
e) The City will identify basic tax-provided services and will establish user fees and charges for services provided in excess of basis services and/or non- taxpaying users.
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f) User fees are set at the discretion of the City Council, so long as the fess conform to the requirements of Article 13C of the California Constitution, which requires a “cost of services” basis for setting fee amounts.
g) The City’s User fees will be set according to the estimates reasonable cost of service. Furthermore, user fees will bear a fair and reasonable relationship to the payer’s burdens on or benefits received from the activities and/or services provided by the City.
h) When evaluating user fees, the City will calculate the “full cost of service,” for each activity, which is the maximum fee amount allowed. The full cost of service will include components for:
i) The direct cost of service:
a. Labor associated with performance of service from all personnel involved in the activity.
b. Services, supplies, and/or materials required to complete the activity.
j) A reasonable share of the indirect costs of service:
a. The services, supplies, and materials which support the personnel involved in the activity.
b. The indirect management, administration, and support services associated with the City functions involved in the activity. c. The central services, City management and administration, and governmental oversight associated with the functions involved in the activity.
k) Once the full cost of service is established for each activity, the City will apply a consistent set of guidelines for determining the amount of cost to be recovered in the final fee amount. A cost recovery percentage will be applied to the full cost of service to calculate the fee.
l) Figure 1 below explains the City’s guidelines for setting a cost recovery threshold for each activity where user fees are applied. The cost recovery threshold assigned to each fee-related service will be identified in the periodic analysis and documentation supporting the calculation of the City’s user fees.
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m) The City shall recalculate the full cost of activities supported by user fees to take into account inflation and other related matters. The following cost index will be used as the basis for calculating annual changes to the fee amounts:
Consumer Price Index (CPI) for the Los Angeles-Long Beach-Anaheim Metropolitan Statistical Area. The escalation amount will be the published annual percentage change calculation. The City’s Master Fee Schedule shall be approved and updated by resolution in connection with the adoption of the operating budget.
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n) The City will complete a thorough user fee study periodically, at least every five years, to determine the full cost of service of each activity included in the Comprehensive Master Fee Schedule. The user fee study will:
a. Analyze the direct and indirect costs associated of existing and new fee-related service provided City-wide.
b. Revisit cost recovery thresholds applied to fee related services. c. Determine updated fee amounts consistent with the cost of service basis and the City’s cost recovery at that time.
8 Accounting, Auditing, and Financial Reporting
a) The City’s accounting and financial reporting systems shall be maintained in accordance with generally accepted accounting principles (GAAP) and other standards promulgated by the GASB.
b) The City shall prepare an annual report, in a an Annual Comprehensive Financial Report ( ACFR) format, which shall conform to the reporting standards established by the Governmental Accounting, Auditing and Financial reporting (GAFR).
c) The annual financial report will be audited each year by an independent auditor. A new independent auditor shall be selected competitively, through a formal public request for proposal process, at least every six years pursuant to State law.
d) An Audit Committee shall be formed consisting of two City Council Members and the City Manager, or designee, to provide a direct line of communication between the auditor and the City Council. The City Attorney shall be available to advise the Audit Committee.
e) The City Manager will provide quarterly reports to the Audit Committee that compares year-to-date actuals with revenue and expenditure projections.
f) The City Manager will notify the City Council whenever changing operations or economic developments require corrective budgetary measures. 9 Cash Management, Investments and Banking Relations.
a) Investments and cash management will be the responsibility of the Director of Finance/City Treasurer under the direction of the City Manager. The City may engage one or more external investments advisers that may be granted discretionary authority to purchase and sell investment securities in accordance with the City’s Statement of Investment Policy.
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b) In accordance with Government Code Section 53646, the City Council will review and update annually a specific statement of investment policy. The primary purpose of this policy is to set forth the City’s investment philosophy and objectives. The City’s overriding objectives of the program are to preserve principal, provide sufficient liquidity, and manage investment risks, while seeking a market-rate of return.
c) In the selection of banking services, a competitive public request for proposal process will be used at least every ten years.
Policy History
1. Adopted October 20, 2020
2. Revised March 2, 2021
3. Revised January 18, 2022
4. Revised January 3, 2023
5. Revised June 6, 2023
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ATTACHMENT 12
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City Council Policy: Recovered Organic Waste Product Procurement Adopted 12/7/21 Page 1 of 18
CITY COUNCIL POLICY: RECOVERED ORGANIC
WASTE PRODUCT PROCUREMENT
Reaffirmed: January 2, 2024
1. Purpose.
As Solid Waste management continues to pose a national problem due to increased materials consumption and greenhouse gas emissions, as well as dwindling landfill space, the City of Lake Forest has developed a recycling program for all City residents, businesses, and employees. The City Council of the City of Lake Forest intends that the City take a leadership role in both its recycling and purchase of recycled products and materials for use in the provision of City services. To that end, the City aims to in corporate environmental considerations (including recycled -content and recovered Organic waste product use) into its purchasing and procurement practices.
This Recovered Organic Waste Product Procurement Policy will enable the City to:
1. Protect and conserve natural resources, water, and energy;
2. Provide direction in the procurement and use of recycled products;
3. Assure compliance with the required Annual Recovered Organic Waste Product Procurement Target mandated by 14 CCR Section 18993.1 et seq.; and
4. Minimize the City’s contribution to climate change pollution and Solid Waste disposal.
2. Policy.
1. It is the Policy of the City of Lake Forest to purchase recycled products whenever possible and use or give away a quantity of Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target.
2. Comply with State requirements as contained in Title 14 of the California Code of Regulations, Division 7, Chapter 12, Article 12 (the “SB 1383 Procurement Regulations”) to procure a specified amount of Recovered Organic Waste Products to support Organic W aste disposal reduction targets and markets for products made from recycled and recovered Organic Waste Materials, and further to purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper.
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3. Purchase of products which cannot be recycled or reused is strongly discouraged.
4. Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper shall be purchased and used in: (1) all copy machines which will accept it; (2) all printing purposes; and (3) all stationery and envelopes used by City departments, divisions, and employees in the course and scope of their official duties.
5. A recycled paper designation shall be printed on all City stationery.
6. City departments shall examine their purchasing specifications and, where feasible, restructure them to require the use of products which incorporate recycled materials in their manufacture.
7. A ten percent (10%) or greater price preference shall be given to recycled paper, reusable products offered as alternatives to disposable products, and products designed to be recycled where they are offered as alternatives to non-recyclable products. Purc hase of products which cannot be recycled or reused is strongly discouraged. The preference percentage shall be based on the lowest bid or price quoted by the supplier or suppliers offering such non-recycled products.
8. Recycled products are expected to perform as well as non-recycled products, to be purchased at a reasonable price and to be available within a reasonable time period. In addition to the recovered material content of a product, important criteria in selecting products should also be the ability of the product and its packaging to be reused, reconditioned for use, or recycled through existing recycled collection programs.
Preferred products and packaging are those designed to minimize waste and toxic by-products in their manufacture, use, and disposal.
9. If fitness and quality of Recycled-Content Paper Products and Recycled- Content Printing and Writing Paper are equal to that of non-recycled items, all departments and divisions of City shall purchase such Recycled-Content Paper Products and Recycled-Conten t Printing and Writing Paper that consists of at least thirty percent (30%) postconsumer fiber, measured by fiber weight, whenever the total cost is no more than ten percent (10%) of the total cost for the non-recycled items, consistent with the requiremen ts of the Public Contract Code, sections 22150 through 22154, and sections 12200 and 12209, as amended.
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10. All Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable label as defined in Title 16 of the Code of Federal Regulations, section 260.12.
11. Provide records to the Recordkeeping Designee of all Paper Products and Printing and Writing Paper purchases within thirty (30) days of such purchase (whether or not composed of recycled content) made by a division, department, or employee of the City. Records shall include: (1) a copy of the invoice or other documentation of purchase; (2) written certifications as required by this policy for recycled -content purchases; (3) vendor name; (4) purchaser name; (5) quantity purchased; (6) date purchased; and (7) recycled content (including whether no recycled material was used). Further, if non-Recycled-Content Paper Products and/or non-Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled -Content Paper Products and/or Recycled-Content Printing and Writing paper were not so provided.
The City shall cooperate with the County of Orange, other Orange County cities, and other governmental agencies in the development of programs and procedures which further this Policy.
3. Recycled Products Definitions.
“Annual Recovered Organic Waste Product Procurement Target” means the amount of Organic Waste in the form of a Recovered Organic Waste Product that the City is required to procure annually under 14 CCR Section 18993.1. This target shall be calculated by multiplying the per capita procurement target, which shall be 0.08 tons of Organic Waste per California resident per year, times the City’s residential population using the most recent annual data reported by the California Department of Finance.
Annually, C alRecycle will provide notice to each City of its Annual Recovered Organic Waste Product Procurement Target by posting such information on CalRecycle’s website and providing written notice directly to the City.
“City” means the City of Lake Forest.
“Compost” means the product resulting from the controlled biological decomposition of Organic Solid Wastes that are source separated from the municipal Solid Waste stream or which are separated at a centralized facility
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or as otherwise defined in 14 CCR Section 17896.2(a)(4). Compost eligible for meeting the Annual Recovered Organic Waste Product Procurement Target must be produced at a compostable material handling operation or facility permitted or authorized under 14 C CR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State’s composting operations regulatory requirements.
“Direct Service Provider” means a person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).
“Electricity Procured from Biomass Conversion” means electricity generated from biomass facilities that convert recovered Organic Waste, such as wood and prunings from the municipal stream, into electricity.
Electricity procured from a biomass conversion facility may only count toward the City’s Annual Recovered Organic Waste Product Procurement Target if the facility receives feedstock directly from certain permitted or authorized compostable material handling operations or facilities, transfer/processing operations or facilities, or landfills, as described in 14 CCR Section 18993.1(i).
“Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited to: food; yard trimmings; Organic textiles and carpets; lumber; wood; Paper Products; Printing and Writing Paper; manure; biosolids; digestate; and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.
“Paper Products” include, but are not limited to: paper janitorial supplies; cartons; wrapping; packaging; file folders; hanging files; corrugated boxes; tissue; and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
“Printing and Writing Papers” include, but are not limited to: copy; xerographic; watermark; cotton fiber; offset; forms; computer printout paper; white wove envelopes; manila envelopes; book paper; note pads; writing tablets; newsprint and other uncoated writing papers; posters; inde x cards; calendars; brochures; reports; magazines; and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
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“Pre-Consumer Material” or “By -Products” are generated after the manufacture of a product is completed, but before the product has reached the end -use consumer. Examples of pre-consumer recovered materials include obsolete inventories of finished goods, rejected unused stock, and paper wastes ge nerated during printing, cutting, and other converting operations.
“Post-Consumer Recycled Materials” are finished products that have served their intended use and would normally be disposed of as Solid Waste. Examples of post-consumer recovered materials include old newspapers, office paper, yard waste, steel, glass, aluminum cans, plastic bottles, oil, asphalt, concrete, and tires.
“Procurement of Recovered Organic Waste Products” means purchase or acquisition (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), and end use by the City or others.
The City’s Annual Recovered Organic Waste Product Procurement Target can be ful filled directly by the City or by Direct Service Providers through written contracts or agreements for Procurement of Recovered Organic Waste Products at the City’s behest.
“Publicly-Owned Treatment Works” or “POTW” has the same meaning as in Section 403.3(r) of Title 40 of the Code of Federal Regulations.
“Recordkeeping Designee” means the public employee appointed by the City Manager or their designee to track procurement and maintain records of Recovered Organic Waste Product procurement efforts both by the City and others, if applicable, as required by 14 CCR, Division 7, Chapt er 12, Articles 12 and 13.
“Recovered Organic Waste Products” means Organic products made from California, landfill-diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12.
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“Recycled Material” is waste and by-products that have been recovered or diverted from the Solid Waste stream and that can be utilized in place of raw material in the manufacturing of a product. Recycled materials may consist of materials derived from post -consumer waste, ma nufacturing waste, industrial scrap, agricultural waste, and other items, all of which can be used in the manufacture of new products.
“Recyclability” means that the Paper Products and Printing and Writing Paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations Section 260.12.
“Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper” means such products that consist of at least thirty percent (30%) postconsumer fiber, by fiber weight, consistent with the requirements of sections 22150 through 22154, as well as sections 12200 and 12209 of the Public Contract Code, and as amended.
“Renewable Gas” means gas derived from Organic Waste that has been diverted from a landfill and processed at an in -vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
“SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short -lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.
“SB 1383 Eligible Mulch” means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4):
1. Produced at one of the following facilities:
i. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is
permitted or authorized under 14 CCR Division 7, other
than a chipping and grinding operation or facility as
defined in 14 CCR Section 17852(a)(10);
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ii. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30)
and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or,
iii. A Solid Waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR
Division 2.
2. Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land
application specified in 14 CCR Sections 17852(a)(24.5)(A)1 through 3.
“SB 1383 Regulations” means or refers to the Short -Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
“State” means the State of California.
“Ton” or “Tonnage” for purposes of calculating compliance with the Annual Recovered Organic Waste Product Procurement Target shall be calculated based on the assumption that one (1) Ton of Organic Waste shall constitute:
1. Twenty- one (21) diesel gallon equivalents (“DGE”) of renewable gas in the
form of transportation fuel;
2. Two hundred forty-two (242) kilowatt-hours of electricity derived from renewable gas;
3. Twenty-two (22) therms for heating derived from renewable gas;
4. Six hundred fifty (650) kilowatt-hours of electricity derived from biomass conversion;
5. Zero point fifty-eight (0.58) tons of Compost or one point forty- five (1.45) cubic yards of Compost.
6. Two thousand (2,000) pounds (i.e. one (1) “ton”) of mulch.
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4. Recovered Organic Waste Procurement Target.
1. Through the implementation of this Policy, City will annually procure for use or giveaway a quantity of Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target.
2. To be eligible to meet the Annual Recovered Organic Waste Product Procurement Target, products that may be procured include the following, provided that each product meets the criteria included in its respective definition:
i. SB 1383 Eligible Compost;
ii. SB 1383 Eligible Mulch;
iii. Renewable Gas in the form of transportation fuel, electricity, or heat; and
iv. Electricity Procured from Biomass Conversion.
5. Requirements for City Departments.
1. Compost and SB 1383 Eligible Mulch procurement . Divisions, departments, and employees responsible for landscaping maintenance, renovation, or construction shall:
a. Use Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste for landscaping maintenance,
renovation, or construction as practicable and whenever available, while capable of meeting quality standards and criteria specified.
SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards specified in 14 CCR section 17852(a)(24.5)(A)(1) through (3).
b. When City uses Compost and SB 1383 Eligible Mulch and their application is subject to the City’s Water Efficient Landscaping Ordinance (“WELO”), pursuant to Lake Forest Municipal Code Title 9, Chapter 146, section 110 et seq., all divisions, departments, and employees shall comply with the City’s WELO by including the following:
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i. For landscape installations, Compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) Organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
ii. Apply a minimum of three (3) inches of SB 1383 Eligible Mulch to all exposed soil surfaces of planting areas, except in turf areas, creeping or rooting groundcovers, or direct seeding applications where such mulch is contraindicated. Whenever SB 1383 Eligible Mulch is applied in this way, five percent (5%) of the landscape area shall be left without mulch to provide habitat for beneficial insects and other wildlife.
Designated insect habitats must be included in the landscape design plan as such.
iii. Procure Organic SB 1383 Eligible Mulch materials made from Recycled or Post-Consumer Materials rather than inorganic materials or virgin forest products, unless Recycled or Post - Consumer Organic products are not locally available. SB 1383 Eligible Mulches are not required where prohibited by local ordinances.
iv. For all SB 1383 Eligible Mulch that is land-applied, such mulch must meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards
specified in 14 CCR section 17852(a)(24.5)(A)(1) through (3).
c. Keep records, including invoices or proof of Recovered Organic Waste Product procurement (whether through purchase or
acquisition), and submit records to the Recordkeeping Designee upon completion of a project. Records shall include:
i. General procurement records, including:
1. A general description of how and where the product was used and applied, if applicable;
2. The source of a product, including the name, physical location, and contact information for each entity,
operation, or facility from which the Recovered Organic Waste Products were procured;
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3. The type of product;
4. The quantity of each product; and
5. All invoices or other records demonstrating purchase or procurement.
ii. For Compost and SB 1383 Eligible Mulch provided to
residents through giveaway events or other distribution methods, records shall be kept of all Compost and SB 1383 Eligible Mulch so given away to residents. Records shall be maintained and submitted to the Recordkeeping Designee in accordance with all reporting requirements under this Policy.
iii. For procurement of SB 1383 Eligible Mulch, maintain an updated copy of the ordinance or enforceable mechanism(s) requiring that the mulch procured by the City or Direct Service Provider meets the land application standards specified in 14 CCR section 18993.1, as amended from time to time.
d. When procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, enter into a written contract, agreement, or executed purchase order with enforceable
provisions that include: (1) definitions and specifications for SB 1383 Eli gible Mulch; and (2) an enforcement mechanism (e.g. termination provisions, liquidated damages clauses, etc.) in the event the Direct Service Provider is not compliant with these requirements.
e. Review, amend, or terminate existing contracts as necessary to achieve compliance with the requirement of enforceable
mechanisms pursuant to Section 5(1)(c)(3), above.
2. Renewable Gas procurement . For all Renewable Gas procurement, to be used for fuel for transportation, electricity, or heating applications where practical, the City, its divisions, departments, and employees shall:
a. Procure Renewable Gas made from recovered Organic Waste for transportation fuel, electricity, and heating applications to the degree that it is appropriate and available for the City, and to help meet the Annual Recovered Organic Waste Product Procurement Target, which requires compliance with criteria specified in 14 CCR section 18993.1.
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b. Keep records of the amount of Renewable Gas procured and used by the City, and submit such records to the Recordkeeping Designee on a quarterly schedule as follows for any given calendar year:
i. By April 15 for the period of January 1 through March 31;
ii. By July 15 for the period of April 1 through June 30;
iii. By October 15 for the period of July 1 through September 30; and
iv. By January 15 for the period of October 1 through December 31.
c. If the City procures Renewable Gas from a publicly -owned treatment work (“POTW”):
i. Annually verify that the Renewable Gas from the POTW complies with the requirements specified in 14 CCR section 18993.1(h), including, but not limited to, the exclusion in 14 CCR section 17896.6(a)(1) and the items listed in this Section 5(2)(c).
ii. Annually receive a record from the POTW documenting the amount of Organic Waste, in Tons, received by the POTW
from: (1) a compostable material-handling operation or facility as defined in 14 CCR section 17852(a)(12) (other than a chipping and grinding ope ration or facility as defined in 14 CCR section 17852(a)(10)) that is permitted or authorized under 14 CCR Division 7; (2) a transfer or processing facility or operation as defined in 14 CCR sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or (3) a solid waste landfill as defined in Public Resources Code section 40195.1, as permitted under 27 CCR Division 2.
iii. Annually receive documentation from the POTW of the percentage of biosolids that the POTW produced and
transported to activities that constitute landfill disposal, in order to demonstrate that the POTW transported less than twenty five percent (25%) of the biosolids it produced to activities that constitute landfill disposal. For the purposes of this Policy, landfill disposal is defined pursuant to 14 CCR Item: 16
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section 18983.1(a) and includes: (1) final disposition at a landfill; (2) use of material as alternative daily cover or alternative intermediate cover at a landfill; and (3) other dispositions not listed in 14 CCR section 18983.1(b).
Alternative daily cover or alternative intermediate cover are defined in 27 CCR sections 20690 and 20700, respectively.
iv. Annually receive documentation that the POTW receives vehicle-transported Solid Waste that is composed of an
anaerobically-digestible material for the purpose of anaerobic co-digestion with POTW treatment plant wastewater, to
demonstrate that the POTW meets the requirements of 14
CCR section 18993.1(h)(2).
v. Submit these records to the Recordkeeping Designee on an annual basis, not to exceed thirty (30) days from receipt of notification from the POTW.
3. Electricity Procured from Biomass Conversion. For Electricity Procured from Biomass Conversion, the City, its divisions, departments, and employees shall:
a. Procure electricity from a biomass conversion facility that receives feedstock from a composting facility, transfer/processing facility, solid waste landfill, and/or the generator or employees of a generator of Organic Waste to the degree that it is available and practicable for the City, and to help meet the Annual Recovered Organic Waste Product Procurement Target, which requires compliance with criteria specified in 14 CCR section 18993.1.
b. Maintain records and conduct the following recordkeeping activities:
i. Keep records in the same manner indicated in Section 5(1)(c) of this Policy for the amount of Electricity Procured from Biomass Conversion facilities, including the general
procurement record information.
ii. Receive written notification by an authorized representative of the biomass conversion facility certifying that biomass feedstock was received from a permitted solid waste facility identified in 14 CCR section 18993.1(i).
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iii. Provide these records to the Recordkeeping Designee.
6. Requirements for Direct Service Providers.
1. Direct Service Providers of landscaping maintenance, renovation, and construction services shall:
a. Use, as practicable, Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste for all landscaping maintenance, renovation, or construction services performed for the City, where available and capable of meeting all quality standards and cri teria as specified by this Policy. All SB 1383 Eligible Mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration, and pathogen density stand ards specified in 14 CCR section 17852(a)(24.5)(A)(1) through (3).
b. If subject to the City’s WELO pursuant to Lake Forest Municipal Code Title 9, Chapter 146, section 110 et seq., comply with one of the following, whichever is most stringent: (1) the locally-adopted WELO if more stringent than the State’s Model WELO (“MWELO”); or (2) sections 492.6(a)(3)(B), (C), (D) and (G) of the State’s MWELO, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which requires the submittal of a landscape design plan with a “Soil Preparation, Mulch, and Amendments Section” to include the following:
i. For landscape installations, Compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding such Compost and tilling.
ii. Apply a minimum of three (3) inches of mulch to all exposed soil surfaces of planting areas, except in turf areas, creeping or rooting groundcovers, or direct seeding applications where such mulch is contraindicated. Whenever SB 1383 Eligible Mulch is applied in this way, five percent (5%) of the landscape area shall be left without mulch to provide habitat for beneficial insects and other wildlife. Designated insect ha bitats must be included in the landscape design plan as such.
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iii. Procure Organic SB 1383 Eligible Mulch materials made from Recycled or Post-Consumer Materials rather than inorganic materials or virgin forest products, unless Recycled or Post- Consumer Organic products are not locally available. SB 1383 Eligible Mulches are not required where prohibited by local ordinances.
iv. For all SB 1383 Eligible Mulch that is land-applied, such mulch must meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards specified in 14 CCR section 17852(a)(24.5)(A)(1) through (3).
c. Keep and, upon completion of projects, provide records of procurement of Recovered Organic Waste Products, whether through purchase or acquisition, to the Recordkeeping Designee.
Information provided shall include:
i. A general description of how and where the product was used and applied, if applicable;
ii. The source of a product, including the name, physical location, and contact information for each entity, operation, or facility from which the Recovered Organic Waste Products were
procured;
iii. The type of product;
iv. The quantity of each product; and
v. All invoices or other records demonstrating purchase or procurement.
2. Direct Service Providers of Organic Waste collection services shall:
a. Provide a specified quantity of Compost or SB 1383 Eligible Mulch to City and its customers via periodic “giveaways” as specified in a franchise agreement or other agreement.
b. Keep and provide records to the City, including the following:
i. The dates such services were provided;
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ii. The source of all products, including the name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured;
iii. The type of product;
iv. The quantity of each product; and
v. All invoices or other records or documentation demonstrating purchase, procurement, or transfer of material to a giveaway location.
3. Direct Service Providers procuring Renewable Gas shall:
a. Direct Service Providers transporting Solid Waste, Organic materials, and/or Recyclable materials shall procure their fuel as Renewable Gas if required to do so in RFPs and RFQs released by the City for such services, or as otherwise required by permit, license, written agreement, or written contract.
b. Departments releasing RFPs and RFQs for contractors that procure fuel in the course of their services to the City may include a price preference to contractors that propose to use the amount or percentage of Renewable Gas specified in the RFP or RFQ in order to be eligible for said price preference. Such use, if it occurs, shall be documented in a written contract or agreement.
c. If Renewable Gas made from recovered Organic Waste is used by Direct Service Providers, such Direct Service Providers shall submit to the Recordkeeping Designee information listed in Section 6(2)(b)(i)–(v) on a schedule to be determined by City, but not le ss than annually.
d. Renewable Gas used by Direct Service Providers under Sections 6(1) and 6(2) shall comply with criteria specified in 14 CCR Section 18993.1.
7. Requirements for Paper Product Vendors.
1. All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to City, its divisions, departments, and employees, shall:
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a. Provide Recycled-Content Paper Products and Recycled -Content Printing and Writing Paper that consists of at least thirty percent (30%) postconsumer fiber by fiber weight, if fitness and quality of such paper is equal to that of its non -recycled equivalent and available at no more than ten percent (10%) if the total cost for non- recycled paper products.
b. Provide Paper Products and Printing and Writing Papers that meet Federal Trade Commission Recyclability standards as defined in Title 16 of the Code of Federal Regulations section 260.12.
c. Certify in writing, under penalty of perjury, that the product meets the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City, if not the exact percentage.
d. Ensure that the Paper Products and Printing and Writing Paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label, as defined in Title 16 of the Code of Federal Regulations section 260.12.
e. Provide records to the City, department, or division in question of all Paper Products and Printing and Writing Paper purchased from the vendor within thirty (30) days of the purchase (whether recycled-content or not) made by a division or department or employee of the City. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in items (c) and (d) of this Section for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (even if such products contain no recycled content). If non- Recycled-Content Paper Products and/or non- Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled -Content Paper Products and/or Recyc led-Content Printing and Writing Paper were not provided.
2. All vendors providing printing services to the City via a printing contract or written agreement shall use Printing and Writing Paper that consists of at least thirty percent (30%) postconsumer fiber by fiber weight, or as amended by Public Contract Code section 12209.
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8. Recordkeeping Responsibilities.
1. The Public Works department will be the responsible department for all City recordkeeping activity under this Policy, and will select an employee to act as the Recordkeeping Designee, who will be responsible for obtaining records pertaining to Procurement of Recovered Organic Waste Products, as well as Recycled- Content Paper Products and Recycled-Content Printing and Writing Paper.
2. The Recordkeeping Designee will do the following to track Procurement of Recovered Organic Waste Products, Recycled -Content Paper Products, and Recycled-Content Printing and Writing Paper:
a. Collect and collate copies of invoices or receipts (whether paper or electronic or both) or other proof of purchase that describes the procurement of Printing and Writing Paper and Paper Products, including but not limited to the volume and type of all paper purchases and copies of certifications and other required verifications from all departments and/or divisions procuring such Paper Products and Printing and Writing Paper (whether or not they contain recycled content), as well as from the vendors providing Printing and Writing Paper and Paper P roducts. These records must be kept as part of the City’s documentation of its compliance with 14 CCR section 18993.3.
b. To develop evidence of the City meeting its Annual Recovered Organic Waste Product Procurement Target, collect and collate copies of invoices or receipts or documentation evidencing procurement from all departments and divisions procuring Recovered Organic Waste Product and invoices or similar records from all vendors, contractors, or others procuring such products on behalf of the City. These records must be kept as part of the City’s documentation of its compliance with 14 CCR section 18993.1.
c. Collect, collate, and maintain documentation submitted by the City, Direct Service Providers, and/or vendors, including the information reported to the Recordkeeping Designee in accordance with this Policy.
d. Compile an annual report on the City’s direct Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper, as well as the procurement of all vendors and Direct Service Providers on Item: 16
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behalf of City, consistent with the recordkeeping requirements contained in 14 CCR section 18993.2 for the Annual Recovered Organic Waste Product Procurement Target and 14 CCR section 18993.4 for Recycled -Content Paper Products and Recycled - Content Printing and Writing Paper procurement. This report shall be made available to the City’s responsible entity for compiling the annual report to be submitted to CalRecycle, pursuant to 14 CCR Division 7, Chapter 12, Article 13. The procurement report shall also be shared with City Council annually as evidence of implementing this Policy.
9. Criteria for Selecting Recycled Materials for Purchase.
1. If a decision has been made to purchase recycled materials, the recommended products should contain, in order of preference, the highest percentage of recycled content of post -consumer recovered material available in the marketplace.
2. A minimum 10% price preference shall be permitted for purchasing recycled paper, as based on current market prices quoted by suppliers offering non-recycled products.
3. Recycled products should also be expected to perform as well as non- recycled products, to be purchased at a reasonable price and to be available within a reasonable time period. In addition to the recovered material content of a product, important criteria in selecting products should also be the ability of the product and its packaging to be reused, reconditioned for use, or recycled through existing recycled collection programs. Preferred products and packaging are those designed to minimize waste and toxic by-products in their manufacture, use, and disposal.
4. Whenever printed recycled paper products are purchased, the standard phrase “Printed on Recycled Paper” and/or the standard “recycle” logo should be included on the printed product, thereby promoting the use of post-consumer content.
5. In addition to the above requirements of this Policy, the City of Lake Forest encourages each department, division, and employee to purchase recycled products wherever it is feasible and fiscally prudent to do so.
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ATTACHMENT 13
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City Council Policy: Audit Committee
Adopted 3/2/21; Revised 1/18/22 Page 1 of 2
CITY COUNCIL POLICY: AUDIT
COMMITTEE
Reaffirmed January 2, 2024
BACKGROUND
The City Council Audit Committee is responsible for the independent review and oversight of the City government’s financial reporting process, internal controls, and independent auditors. The members of the Audit Committee shall possess or obtain a basic understanding of governmental financial reporting and auditing for the City. As a part of the City’s auditing processes, the Audit Committee shall be available to independent financial auditors and participate as representatives of the governing body.
PURPOSE
This policy establishes the composition, roles and responsibilities of the City Council Audit Committee as established by the Financial Management and Budgetary Policy.
COMPOSITION
Representation - An Audit Committee shall be formed consisting of two City Council Members. Each City Council member serving on the Audit Committee shall serve for a two-year term. Ideally, the initial term shall be staggered, one Council Member shall serve a two-year term and the other shall serve a three- year term.
City Staff - The City Manager, or designee, shall be a part of the Audit Committee. The City Attorney shall be available to advise the Audit Committee.
ROLES AND RESPONSIBILITIES
Council Members - The Audit Committee shall receive quarterly reports from the City Manager.
City Staff - The City Manager, or designee, shall provide a direct line of communication between the auditor and the City Council. The City Manager will provide a quarterly report to the Audit Committee that compares year-to- date actuals with revenue projections. The City Manager will provide a quarterly report to the Audit Committee communicating budgetary compliance.
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City Council Policy: Audit Committee
Adopted 3/2/21; Revised 1/18/22 Page 2 of 2
• Status of operations or economic developments that require corrective budgetary modifications
• Notice if operating revenues are projected to decrease more than 10% of the adopted budget
• Notice if appropriations have been transferred from one department to another
• Notice if appropriations have been transferred from one fund to another • Notice if appropriations have been transferred from one capital improvement project to another existing capital improvement project • Notice if Operating Budget appropriations were carried over • Notice if Capital Budget appropriations were carried over • Notice if special circumstances requiring an adjustment in appropriations established in the adopted budget exist including:
o Changes to spending priorities
o Increases in operating or capital expenditures
o Decrease in operating revenues
Meetings - The Audit Committee shall meet four (4) times per calendar year.
AUTHORIZED BY
Lake Forest City Council
January 7, 2025, Item No. X
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ATTACHMENT 14
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City Council Policy: Biennial City Commission Workshop
Adopted 3/2/2021 Page 1 of 2
CITY COUNCIL POLICY: BIENNIAL CITY
COMMISSION WORKSHOP
Reaffirmed: January 2, 2024
PURPOSE
This policy establishes the process and content of the biennial workshop to be held on concurrent budget preparation years by City Commissions. By Minute Order at the January 5, 2021, City Council Meeting, the City Council dispensed with the previous policies regarding Annual Joint City Council/Commission Workshop which required a joint meeting be held on the second meeting in March to discuss the goals and objectives of each commission for the upcoming year.
COMMISSION ROLES AND RESPONSIBILITIES
Planning Commission
In accordance with Section 9.02.030 of the Lake Forest Municipal Code (LFMC), the Planning Commission shall act as the custodian of the visual character of the City and shall also have the following general functions:
A. Planning for the physical development of the City;
B. Carrying out the precepts and intent of the City’s Zoning Ordinance;
C. Reviewing and approving, conditionally approving or denying tentative subdivision maps;
D. Making recommendation to the City Council for the establishment of appropriate zoning boundaries;
E. Reviewing the General Plan and making a report thereon annually to the City Council;
F. Periodically reviewing the zoning map and the text of the Zoning Code and making recommendation to the City Council for change; G. Periodically reviewing the Subdivision Code and making recommendations to the City Council for amendments or additions; H. Rendering disinterested and diligent service to the public in the interpretation of public needs and necessities in the development of the City and its environs.
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Adopted 3/2/2021 Page 2 of 2
Community Services Commission
In accordance with Section 13.01.0071 of the LFMC, the Community Services Commission shall:
A. Advise the City Council on all matters subject to the jurisdiction of the Council pertaining to the acquisition, development, and maintenance of public parks and recreational facilities; B. Review and advise the Council pertaining to the financing of and budgeting for such functions, including but not limited to, the financing and budgeting for park and recreation services in the City.
C. Advise the Director of Management ServicesDeputy City Manager, or the City Manager’s designee, from time to time.
Traffic and Parking Commission
In accordance with Section 12.06.030 of the LFMC, the Traffic and Parking Commission shall:
A. Advise the City Council on issues relating to parking and the safe and efficient movement of traffic, including vehicles, bicycles, pedestrians, and other modes of transportation upon the circulation network of the City.
B. Provide recommendations related to traffic and parking including, but not limited to traffic and parking related field studies, requests for traffic control devices, requests for Permit Parking and Street Sweeping Parking Restrictions, and other related matters.
Biennial City Commission Workshop
On a biennial basis, on concurrent budget preparation years, the Planning Commission, Community Services Commission, and the Traffic and Parking Commission shall hold a Joint Workshop/Roundtable to discuss the overall City budget and the goals and objectives of each commission for the upcoming two years. Results from the Joint Commission Workshop will be shared with the City Council as input to the Strategic Plan Update.
Policy will provide further layer of transparency and cohesiveness with the City Council goals. Commissioners may continue to bring about other peripheral ideas throughout the year directly to staff.
AUTHORIZED BY
January 7, 2025, Item No. X Lake Forest City Council
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City Council Policy: Biennial City Commission Workshop
Adopted 3/2/2021 Page 2 of 2
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ATTACHMENT 15
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City Council Policy: Invocations