AGENDA
LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, February 18, 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]
February 18, 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: 6:30 p.m.
Council Members: Doug Cirbo
Mark Tettemer
Benjamin Yu
Mayor Pro Tem: Robert Pequeño
Mayor: Scott Voigts
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: 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 muay submit a completed “Request to Speak” form to the City Clerk prior to City Council action.
INVOCATION: The Invocation will be provided by Dave Evans, Grace Community Church.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Daisy Troop #3618.
PRESENTATIONS (Item No. 1)
1. POPULAR ANNUAL FINANCIAL REPORT - YEAR ENDED JUNE 30, 2024 February 18, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 2 RECOMMENDED ACTION: Receive and file.
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. 2 – 5)
All matters listed under the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request specific items be removed from the Consent Calendar for separate action.
2. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES RECOMMENDED ACTION:
Said Ordinances and Resolutions which
appear on the public agenda shall be determined to have been read by title and further reading waived.
3. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 4, 2025
RECOMMENDED ACTION:
Approve as submitted.
4. PROCLAMATION DECLARING FEBRUARY 16 - 22, 2025, AS NATIONAL ENGINEERS WEEK.
RECOMMENDED ACTION: Approve the proclamation designating February 16 - 22, 2025, as National Engineers Week in the City of Lake Forest.
5. APPROVAL OF AGREEMENT WITH THE COUNTY OF ORANGE FOR
ON-CALL CONSULTING AND STREET MAINTENANCE SERVICES
RECOMMENDED ACTION: 1. Approve the Agreement with the County of Orange for On-Call Consulting and Street Maintenance Services. 2.
Authorize the Mayor to sign, and the City Clerk to attest, the Agreement February 18, 2025
LAKE
FOREST CITY COUNCIL
AGENDA
substantially in the form attached.
PUBLIC HEARING(S) (Item No. 6)
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.
6. ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
RECOMMENDED ACTION: 1. Find that the adoption of the proposed ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17. B.
2. Introduce for first reading an Ordinance Entitled: “AN 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.”
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.
February 18, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 4
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 MemberTettemer:
Council Member Yu:
Mayor Pro Tem Pequeño:
Mayor Voigts:
February 18, 2025
LAKE
FOREST CITY COUNCIL
AGENDA
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 February 13, 2025.
Lisa Berglund
City Clerk
February 18, 2025
LAKE
FOREST CITY COUNCIL
AGENDA
CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/18/2025
DEPARTMENT: Finance
SUBJECT:
POPULAR ANNUAL FINANCIAL REPORT - YEAR ENDED JUNE 30, 2024 RECOMMENDED ACTION(S):
Receive and file.
EXECUTIVE SUMMARY:
The City's Finance Department presents the City's inaugural Popular Annual Financial Report (“PAFR”) for fiscal year ended June 30, 2024 (“FY 2023-24”).
This report is designed to provide the general public with a clear summary of the City’s financial position for the fiscal year (Attachment). The financial information in the PAFR is a simplified summary of the City’s financial performance based on the technical and complex data from the City’s Annual Comprehensive Financial Report (“ACFR”) for FY 2023-24. The ACFR adheres to Generally Accepted Accounting Principles (“GAAP”) and undergoes an independent audit to ensure accuracy and reliability. While the ACFR contains comprehensive details, its volume and technical nature can be overwhelming for readers.
The PAFR is designed to provide a clear and accessible overview of the City’s financial activities while maintaining its foundation in the audited ACFR. Although the PAFR is a non-GAAP document, it reflects the same commitment to transparency and accuracy as the ACFR. The Finance Department's goal is to make the City’s financial information more accessible and engaging. The PAFR aims to be informative, enjoyable, and easy to understand for readers.
The City has submitted the PAFR to the Government Finance Officers Association (“GFOA”) to be considered for an award pertaining to popular financial reporting. If the City receives this award, it will be the third of three available awards given to the City by GFOA, supporting the Finance Department’s commitment to high standards of financial accountability and communication. The City currently receives awards for the two-year budget and the ACFR.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
Popular Annual Financial Report for FY 2023-24
Initiated By: Caleb Brown, Accounting Manager
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
Attachment
POPULAR ANNUAL
FINANCIAL REPORT
Fiscal Year 2023-24
CITY OF LAKE FOREST
Investing in the Future
Introduction to the PAFR
The Popular Annual Financial Report (PAFR) is a simplified summary of the City’s financial activities designed to provide a clear and accessible overview of how public funds are managed. It is prepared to enhance transparency and foster public trust by presenting key financial information in an easy-to-understand format. The City aims to achieve the Government Finance Officers Association (GFOA) Award for Outstanding Achievement in Popular Annual Financial Reporting, reflecting our commitment to high standards of financial accountability and communication.
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 1 Table Of Contents
1 Table of Contents / Introduction to the PAFR
2 Message from the Director of Finance / City Treasurer 3 City of Lake Forest Organizational Chart
4 Your City Council
5 City Profile
6 Lake Forest by the Numbers
7 About the City
8 Financial Planning
9 FY 2023-24 Accomplishments and Initiatives / Awards
and Acknowledgments
10 Fund Accounting
11 Where the Money Comes From
12 Where the Money Goes
13 Statement of Net Position
14 Statement of Activities
15 What the City Owns: Assets and Investments
16 What the City Owes: Long-term Liabilities
17 Financial Future: Risk Reserve Analysis
18 Glossary
19 Stay Connected
Our goal is to make the City’s financial
information more accessible and
engaging.
We hope you find this report informative
and enjoyable. Should you have any
questions or need further clarification,
please refer to the contact information
provided at the end of this PAFR.
Thank you for taking the time to
explore Lake Forest’s financial story!
Welcome to the City of Lake Forest’s
Popular Annual Financial Report (PAFR)
The Finance Department is proud to
present the City of Lake Forest’s inaugural
Popular Annual Financial Report (PAFR)
for the fiscal year ending June 30, 2024
(FY 2023-24). This report is designed to
provide a clear summary of the City’s
financial position for the fiscal year.
The information here comes from our
Annual Comprehensive Financial
Report (ACFR), which adheres to
Generally Accepted Accounting
Principles (GAAP) and undergoes an
independent audit to ensure accuracy
and reliability. While the ACFR contains
comprehensive details, its volume and
technical nature can be overwhelming.
The PAFR bridges this gap by offering a
user-friendly overview of the City’s
finances while maintaining its foundation
in the audited financial statements.
Although the PAFR is a non-GAAP
document, it reflects the same
commitment to transparency and
accuracy as the ACFR.
Message from the
Director of Finance/City Treasurer
Kevin Shirah, CPA
Director of Finance/
City Treasurer
The City of Lake Forest’s inaugural PAFR
provides a snapshot of the City’s
financial health and accomplishments,
offering a clear and accessible overview
of its position for the fiscal year ending
June 30, 2024.
ACFR
For the City’s FY 2023-24
audited financial
statements, visit the
ACFR on the City's
website at
lakeforestca.gov/budget
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 2
Mayor and City
Council
Commissions
Community
Services
Traffic and
Parking
Planning
City Attorney
City Manager
City Clerk
Finance
Community
Development
Management
Services
Public Works
Police Services
(OCSD)
Assistant City
Manager
Fire Services
(OCFA)
Lake Forest
Residents
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 3 Organizational Chart
Your City Council
Mayor
Mark Tettemer
Elected:
November 2022
Term Expires:
November 2026
Represents:
District 4
Council Member
Robert Pequeño
Elected:
November 2020
Term Expires:
November 2024
Represents:
District 5
Mayor Pro Tem
Scott Voigts
Elected:
November 2022
Term Expires:
November 2026
Represents:
District 3
Council Member
Doug Cirbo
Elected:
November 2020
Term Expires:
November 2024
Represents:
District 1
Council Member
Benjamin Yu
Elected:
November 2022
Term Expires:
November 2026
Represents:
District 2
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 4 Disclaimer
20%
19%
20%
21%
20%
Population by District
District 1 District 2
District 3 District 4
District 5
Lake Forest was incorporated
on December 20, 1991, as
Orange County’s 31st city and
the second largest within the
Saddleback Valley.
Lake Forest features 31 public
parks, including the 1,500-acre
Whiting Ranch Wilderness Park.
Our vibrant community spirit is
a balanced mix of residential,
commercial, and industrial
development. It’s no wonder
Lake Forest is the natural choice
for business.
DISTRICT 1
DISTRICT 2 DISTRICT 3
DISTRICT 4
DISTRICT 5
01.City Profile
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 5 Lake Forest by the Numbers
87,127 people 29,335 households
16.6 square miles
$84,555 median
disposable income
4,483 businesses
3.5%
unemployment rate
31 parks
17,753 trees
4,555
traffic signals
1,147
recreation classes
204 miles of road
$108,331 median
household income
40,381 jobs
38.4 median age
5 community centers
1,252 facility rentals
3,559 streetlights
28,367 answered
calls for service
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 6 Government
The City of Lake Forest operates under the council-
manager form of government. Members of the City
Council are elected to four-year terms, and each
Councilmember represents one of the five
geographic City districts. The City Council selects the Mayor and Mayor Pro Tem annually.
During odd-numbered fiscal years (July 1 to June 30),
the City adopts a seven-year strategic business
plan, capital improvement plan, and a financial
forecast. Additionally, the City develops a master
financial plan and approves a balanced two-year
operating budget to guide its fiscal priorities.
Budget
The City’s budget outlines how it allocates
resources to meet community needs and serves as
the foundation for the City’s financial planning and
control. It details revenue from taxes, fees, and
grants and funds expenses like public safety,
infrastructure, and other community services,
aiming to balance priorities and fiscal
responsibility. The budget is usually divided into
categories like revenues, expenses, and specific
funds for various programs.
Finance
Department
The Finance Department is tasked with
implementing the master financial plan,
focusing on fiduciary responsibility by
overseeing the City’s financial planning
and budget, accounting and payroll,
treasury, and purchasing. The operating
budget is organized by program area to
clearly and effectively communicate the
City’s service and spending priorities.
About the City
$74.2 M
$84.6 M
$210.6 M
Assets Under Management
Total Revenues
Total Expenses
FY 2023-24 Budget
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 7 Financial Planning
The City’s financial planning is comprised of several governing documents that collectively oversee the City’s financial management. The budget is a collaborative undertaking led by the City Manager that requires insights from the community, valuable input from our dedicated elected officials, and the City’s leadership team and staff to make Lake Forest the best place to live, work, play, visit, and do business.
• The Operating Budget is a “program-
based” budget that incorporates our
Strategic Plan initiatives into easily
viewable cost areas for budgeting and
evaluating purposes making it easier to
track the impact of programs.
• Budget focuses on program specific areas
rather than a Department as a whole.
• Serves as a financial management and
planning tool for City staff to guide in
spending decisions.
Operating Budget
Master Financial Plan (MFP),
Financial Forecast, and
Risk Reserve Analysis
• The MFP projects revenues and expenditures
to ensure General Fund revenues support
current operating programs and services.
• The Financial Forecast maintains a
balanced budget with a surplus for one-time
projects, capital needs, and maintaining the
target reserve level based on the Risk
Reserve Analysis.
• The Risk Reserve Analysis evaluates risks to
determine reserve levels needed to protect
the organization from uncertainty and
potential losses.
2023-2030 Strategic Business Plan
Capital Improvement Plan
• The Strategic Business Plan establishes a
clear mission and vision to guide Lake
Forest over the next seven years, focusing
on the City’s primary long-range goals:
A livable city that is well-planned,
attractive, and safe.
A city that is engaged, informed, and
technologically current.
A city government that is fiscally
sustainable and well-run with committed
staff.
• Capital Improvement Projects (CIP) are a
major part of maintaining the excellent
quality of life Lake Forest residents enjoy.
• These projects and programs focus on
several areas, including water quality,
landscaping, parks, streets, streetscapes,
and City facilities.
• Projects and programs move through a life
cycle of planning, implementation, and
completion.
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 8 Strategic Business Plan
Fiscal Year 2023-24
Accomplishments and Initiatives
Public Safety
Capital Improvement Plan
Engaging the Community
Strategic Economic Investment Project Public Infrastructure Improvements • Completed park improvements at Rancho
Serrano, Arbor Mini Park, Portola Center Park,
Regency Park, Sundowner Park, and Vintage
Park.
• Completed traffic improvements at the
intersection of El Toro & Portola and along
Los Alisos Boulevard.
• Advanced six Lake Forest Transportation
Mitigation projects and three Foothill
Circulation Phasing Plan projects.
• Allocated over $8 million in economic support
funds to businesses impacted by COVID-19.
• Launched the Community Gift Card Program,
doubling the value of gift cards purchased for
use at local businesses.
• Launched a new website with translation
features.
• Held the first Youth in Government Day at El
Toro High School.
• Expanded pickleball offerings.
Responding to State Mandates
• Continued Neighborhood Watch and crime
prevention programs.
• Graduated Community Emergency Response
Team members who are now training new
recruits.
• Maintained low crime rates with the Orange
County Sheriff’s Department.
• Proposed new capital projects totaling $22
million for 2023-25.
• Added two mid-cycle projects with a budget
of $685,000.
• Continued work on 34 ongoing projects worth
$13.5 million, including safety
enhancements, traffic flow improvements,
and facility upgrades.
Enhanced Waste Management Efficiency
• Secured a solid waste contract with CR&R
Incorporated, enhancing services and
reducing costs.
• Certified the Housing Element by the State
Department of Housing and Community
Development.
• Opened Mountain View, the third affordable
housing community from the Opportunities
Study.
• Implemented mixed-use zoning standards.
Awards and Acknowledgments
• ACC-OC Golden Hub of Innovation Award: For the Strategic Economic Investment Program. • ASCE-OC 2023 Outstanding Parks & Recreation Project Award: For Neighborhood Park Renovations at Vintage Park.
• GFOA Certificate of Achievement for Excellence in Financial Reporting: Awarded for the 29th consecutive year for the City's comprehensive annual financial report.
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 9 The General Fund is used to pay for infrastructure maintenance, public safety, community services, and other general city operations and services. These funds include taxes, developer contributions, charges for services, and licenses and permit fees.
General Fund
Fund Accounting
The City’s budget and accounting records are tracked using funds. Fund accounting allows the City to track a variety of different revenue sources separately to stay accountable to stakeholders and the public at-large.
Special Revenue Funds are used to track streams of money that are designated for specific purposes, such as grants from the State or County. These funds include gas tax, and Measure M2, and other grants.
Special Revenue Funds
Capital Projects Funds are used to track streams of revenue designated for the construction of capital projects. These funds include city facilities improvements, traffic mitigation and improvement, park development, and affordable housing.
Capital Projects Funds
The City of Lake Forest prepares a "program" budget. The program budget organizes functions by program area and assists in clearly and effectively communicating the city's service and spending priorities. Programs are organized into nine program areas that identify major services provided by the City:
Programs
Program
Areas
Legislative
Management
and Support
Public Safety
Infrastructure
Maintenance
Services
Planning,
Engineering,
Building and SafetyCommunity
Vitality and
Engagement
Culture,
Leisure, and
Recreation
Environmental
Services
Transportation
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 10 Where the money
comes from
$24.9 $26.5
$19.1 $17.7
$4.9 $8.7
$9.7
$12.8
$35.6 $18.9
-
10 20
30 40
50 60
70 80
90 100
Other
Operating Grants
and Contributions
Investment Income
Sales Taxes
Property Taxes
Revenues from governmental activities encompass all general-purpose revenues, as well as the program-specific revenues, that allow the City to carry out its primary functions. More than 75% of revenues are generated from the Top Four revenue sources:
Property Taxes, Sales Taxes, Operating Grants & Contributions, and Investment Income.
Property Taxes
31%21%15% 10%
Sales TaxesOperating Grants
& Contributions
Investment
Income
FY 2023-24 Revenues by Percentage of Total Revenues ($84.6M) Top Revenue Sources
(in millions)
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 11 FY 2023-24FY 2022-23
Total Revenue
Other
23%
$94.2 $84.6
30%
Where the money
goes
The City's strategic investments and prudent spending are essential to its financial sustainability and transparency. Expenses are organized by Program Area. More than 80% of the City’s expenses come from the Top Four program areas: Public Safety, Infrastructure Maintenance Services, Management and Support, and Community Vitality and Engagement.
($22.5M)
Public Safety
7%
FY 2023-24 Top Expenses
by Program Area
16%
28%
19%
Public Safety
31%
($21.2M)
Infrastructure
Maintenance
Services
($4.9M)
Community
Vitality and
Engagement
($14.1M)
Management
and Support
FY 2023-24 All Expenses by Program Area (Total Expenses: $74.2M) Infrastructure
Maintenance
Services
Management
and Support
Community
Vitality and
Engagement
Planning,
Engineering,
Building and Safety
Culture, Leisure,
and Recreation
Environmental
Services
Transportation Legislative
28% 19% 7% 7%
5% 2% 1% 1%
30%
($11.5M)
Other Programs
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 12 The City’s Statement of Net Position provides a snapshot of the City’s financial position at a specific point in time. It lists everything the City owns (assets) and everything it owes (liabilities). The difference between these two, called net position, represents the City’s overall financial value or “net worth. ”
Statement of
Net Position
Total Assets $560.3 $568.2
FY 2022-23 FY 2023-2024
Total
Liabilities $11.9 $12.2
Total Net
Position $552.7 $563.0
Total Deferred
Inflows of
Resources
$1.2 $1.4
Total Deferred
Outflows of
Resources
$5.5 $8.4
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 13 (in millions)
$ 7000
Revenues $94.2 $84.6
Expenses $74.0
FY 2022-23 FY 2023-24
Changes in
Net Position $20.2
$74.2
$10.4
The Statement of Activities serves as the City’s financial report card, explaining how the City arrived at its financial snapshot by summarizing total revenues and expenses for the fiscal year. The net difference between revenues and expenses, whether positive or negative, represents the City’s change in net position for the year, effectively serving as the City’s “bottom line. ”
Statement of
Activities
FY 2022-23 FY 2023-2024
Ending
Net Position $552.7 $563.0
Beginning Net
Position $532.5 $552.7
In FY 2023-24, the City saw a decrease in revenues compared to the previous fiscal year, but successfully achieved a positive change in Net Position.
(in millions)
(in millions)
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 14
What the City Owns
Assets and Investments
The City owns a variety of capital assets
maintained for the benefit of the public.
This includes parks, buildings and
improvements such as the Civic Center and
Sports Park, and roads and parkways. Over
time, the value of these assets decreases
due to age, which is reflected in the chart
below showing the net value by category.
Investments
FY 2023-24
Capital Assets
Net of Depreciation
The above chart summarizes the City’s
investments in FY 2023-24. The City
invests funds pursuant to a policy
approved by the City Council that follows
California investment guidelines. The
City’s investments performed well during
the reported fiscal year, thanks to higher
interest rates that boosted returns in the
fixed-income market.
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 15 Land $120.6 $120.7
FY 2022-23 FY 2023-24
Construction
in Progress $5.9 $3.1
Building and
Improvements $86.1 $82.2
Improvements
other than
Buildings
$26.9 $28.0
$0.1 $0.1Machinery
and
Equipment
Infrastructure $108.9 $105.9
Lease Assets
and SBITAs
$0.4 $0.6
Total Net Value $348.9 $340.6
FY 2023-24 Total Investments = $210.6 Million
(in millions)
The City has not had any outstanding debt obligations,
such as bonds, since 2018. However, the City does have other types of long-term liabilities that are reported on the Statement of Net Position.
Compensated Absences: The amount of
money owed to employees for accumulated
leave balances (paid vacation and sick time).
Lease Liabilities: The amount of money owed
to vendors for future lease payments under non-
cancellable agreements.
Subscription-Based IT Arrangements: The
amount of money owed for future subscription
payments related to major software programs
the City uses under non-cancellable
agreements.
Net Pension Liability: The amount of money the
City owes to CalPERS, California’s pension
system, for its share of pension costs. The
amount is calculated using historical data,
estimates, and long-term projections. To save on
interest, the City Council has chosen to pay
down this debt early, including a payment made
in 2024, which will impact future contributions.
What the City Owes
Long-Term Liabilities
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 16 (in millions) FY 2022-23 FY 2023-24
Compensated
Absences $1.1 $1.2
Lease
Liabilities <$0.1 <$0.1
Subscription-
Based IT
Arrangements
$0.5 $0.3
Net Pension
Liability $2.2 $3.3
The City’s biennial budget reflects a
balanced and forward-thinking approach to
managing our community’s finances. With
a focus on driving strong revenues,
increased local spending at restaurants,
stores, and hotels has contributed to rising
sales and hotel taxes, keeping our
financial outlook stable.
The City faces challenges such as rising
costs for police services, maintaining
streets and parks, and supporting growing
neighborhoods. Over the past decade,
investments in new parks, expanded
neighborhoods, and traffic improvements
have contributed to higher expenses. To
address these challenges and ensure long-
term stability, the City follows a Reserve
Policy that includes maintaining sufficient
reserves to handle emergencies,
economic downturns, and unforeseen
costs.
A key part of this policy is the Risk Reserve
Analysis, which evaluates potential
financial risks like revenue fluctuations and
unexpected expenses. This analysis
ensures the City is prepared to protect
essential services and maintain financial
health, even in uncertain times.
With a combination of strong fiscal
planning, diverse local businesses, and
strategic investments, the City is building
a secure and sustainable financial future
for all residents.
Risk Reserve Funds
Total Investments
= $210.6 Million
Financial Future
Risk Reserve Analysis
As of the biennial 2023-2025 Operating Budget, the City’s unassigned fund balance in the General Fund of $110.1 million exceeded the Target Reserve Level of the Risk Based Reserve Policy of $56.6M.
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 17 Capital Projects – Infrastructure &
Replacement
$27.5M
Revenue Source Stability $9.6M
Other Fund Dependency – Annual $4.3M
Expenditure Volatility $4M
Leverage – Pension Unfunded Liabilities $3M
Growth $2M
Vulnerability to Extreme Events – Disaster $1.95M
Leverage – Other Unfunded Liabilities $1.25M
Vulnerability to Extreme Events – Political $1M
Vulnerability to Extreme Events – Legal $1M
Other Fund Dependency – Short Term $1M
Leverage – Debt Service $0M
Glossary
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 18 ACFR: The Annual Comprehensive Financial Report produced by the City annually which contains audited financial statements for the previous fiscal year.
ASSETS: What the City owns.
BOND: A borrowing tool (debt financing) that allows the City to raise money that then needs to be paid back by a specific date at a defined interest rate. Bonds are usually used to finance large-scale capital projects.
BUDGET: A financial plan adopted by the City Council for a particular period of time (usually by fiscal year) that shows projected revenues and planned expenses. They typically take on two forms: Operating and Capital Improvement.
CAPITAL ASSETS
: Long-term expenses such as land, buildings and improvements, machinery and equipment, vehicles, and other forms of infrastructure. Capital assets have a value over a certain threshold, an estimated useful life of over one year, and are often depreciated.
COUNCIL-MANAGER GOVERNMENT: A form of local government where an elected council makes decisions and sets policies, while a professional city manager, hired by the council, handles the daily operations and implements the council's decisions.
DEFERRED INFLOWS OF RESOURCES
: An acquisition of net assets that is applicable to a
future reporting period.
DEFERRED OUTFLOWS OF RESOURCES
: A consumption of net assets that is applicable to a
future reporting period.
FIDUCIARY RESPONSIBILITY
: The duty to act in the best interest of the community when managing public finances.
FINANCIAL POSITION
: A broad term used to describe the City’s available resources as a whole, similar to net position.
FISCAL YEAR
: The time period between July 1st and June 30th that defines the City’s accounting year for financial purposes.
FUND
: An accounting tool used to separately track specific resources designated for specific activities. Examples include Special Revenue Funds, Capital Projects Funds, and the General Fund.
GAAP ACCOUNTING: A standard set of rules that organizations use to ensure their financial reports are easy to understand, accurate, and consistent. These rules guide how businesses and governments record and share financial information.
GOVERNMENTAL ACTIVITIES: Activities that are financed primarily through taxes and intergovernmental revenues such as public safety, infrastructure maintenance, culture, leisure, and recreation, and other general government functions.
LIABILITIES: What the City owes, both over the short-term and long-term.
NET POSITION: Difference between assets and liabilities.
OPERATING GRANTS & CONTRIBUTIONS: Both voluntary and mandatory sums of money received by the City that are restricted to a specific program and used for operating expenses.
PAFR
: The Popular Annual Financial Report designed to communicate the City’s financial position in a straightforward manner compared to the ACFR.
Stay Connected!
The Finance Department is dedicated to supporting the City Council's priorities and providing clear, transparent updates on the City's financial activities. We hope this report has given you a helpful overview of the City's finances. Questions regarding any of the information provided in this PAFR or any request for additional information should be addressed to:
Follow @LakeForestCA on:
City of Lake Forest | FY 2023-24 Popular Annual Financial Report Page 19 by mail: City of Lake Forest, Finance Department
100 Civic Center Drive
Lake Forest, CA 92630
by phone: 949-461-3400
by email: [email protected]
website: lakeforestca.gov/departments/finance
CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/18/2025
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 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, February 4, 2025, at the Lake Forest City Council Chambers, 100 Civic Center Drive, Lake Forest, California, was called to order at 6:30 PM with all members present.
ROLL CALL:
Council Members:
Doug Cirbo
Mark Tettemer
Benjamin Yu
Mayor Pro Tem: Robert Pequeño
Mayor: Scott Voigts
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund
PUBLIC SESSION:
INVOCATION: The Invocation was provided by Chaplain Serena Cummins, Orange County Sheriff’s Department.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Boy Scout Troop #628.
REPORT FROM STUDENT LIAISON: Report from Maya Lowrey, Student Liaison from El Toro High School provided a report.
PUBLIC COMMENTS:
Reed Buck expressed concerns with the City’s legislative platform.
Andrew O’Connor thanked Interwest staff for their assistance. He thanked Sheriff Barnes for representing Orange County before the Senate on the fentanyl epidemic. He also expressed concerns with the Council Members.
Andrea Alexander expressed concerns with the priorities of City’s legislative platform and the status of Southern CA Edison’s disaster preparedness.
Victoria Calaguiar expressed concerns about the condition of a fence located along Jeronimo between Eldamar Avenue and Shadowfax Drive.
Sid Marashi expressed concerns about the condition of a fence located along Jeronimo between Eldamar Avenue and Shadowfax Drive.
February 4, 2025 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 6
H. Dan Salisbury reported a collission that occurred between an e-bike rider and a motorist. He also expressed concerns with traffic and speeding on Pittsford between Lake Forest Drive and Northcrest Drive.
Bob Miller expressed concerns with traffic and speeding on Pittsford between Lake Forest Drive and Northcrest Drive.
CONSENT CALENDAR: (Item Nos. 1-7)
MOTION: It was moved by Mayor Pro Tem Pequeño, seconded by Council Member Yu, to approve Consent Calendar Item Nos. 1, 4 and 5. The motion was carried by a vote of 5-0.
1. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES
ACTION: Ordinances and Resolutions which appear on the public agenda were determined to have been read by title and further reading waived.
4. QUARTERLY TREASURER'S REPORT - QUARTER ENDED
DECEMBER 31, 2024
ACTION: Received and filed.
5. LAKE FOREST MUNICIPAL CODE (LFMC) AMENDMENTS TO
VARIOUS SECTIONS OF TITLES 9 (DEVELOPMENT STANDARDS), 5 (COMMERCIAL VENDING VEHICLES), 8 (FLOODPLAINS), 12
(BICYCLES ON PUBLIC PROPERTY/OVERSIZED VEHICLES), AND 13 (CAMPING)
ACTION: The second reading was conducted and an Ordinance entitled: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST,
CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE LAKE
FOREST MUNICIPAL CODE TO MAKE REFINEMENTS AND
REVISIONS AND DETERMINING THE ORDINANCE TO BE EXEMPT
FROM CEQA was adopted.
ITEMS PULLED FOR DISCUSSION (Item Nos. 2, 3, 6 and 7)
STATEMENT READ INTO THE RECORD:
Mayor Pro Tem Voigts: There are warrants on the register to the County of Orange. I am an employee of the County of Orange, but I do not work for the department that generated the warrants. Because the County of Orange is a public agency and February 4, 2025 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 6
because I do not work for the departments in question, I have determined that I have a non-interest in these warrants and will vote on this item.
MOTION: It was moved by Mayor Voigts, seconded by Council Member Yu, to approve Consent Calendar Item Nos. 2-3 – 6-7. The motion was carried by a vote of 5-0.
2. MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL HELD ON JANUARY 28, 2025
Andrew O’Connor offered public comment and expressed concerns with various Council Members
ACTION: Approved as submitted.
3. CERTIFICATION OF WARRANT REGISTER
Andrew O’Connor offered public comment and expressed concerns with costs to various programs and services.
ACTION: The warrant register was approved in the amount of $5,433,321.24.
6. SECOND AMENDMENT TO PROFESSIONAL CONSULTANT
SERVICES AGREEMENT WITH THERESA DOBBS (DBA HOUSING
REHABILITATION CONSULTING SERVICES) FOR HOUSING
REHABILITATION CONSULTING SERVICES.
Andrew O’Connor offered public comment and expressed concerns with the consultant services agreement with Theresa Dobbs and concerns with staff.
ACTION: 1. The proposed Second Amendment to the Professional Consultant Services Agreement with Theresa Dobbs dba Housing Rehabilitation Consulting Services was approved. 2. The Mayor was authorized to execute, and the City Clerk to attest, the Second Amendment to the Agreement with Theresa Dobbs dba Housing Rehabilitation Consulting Services, substantially in the form that was attached.
7. AWARD CONSTRUCTION CONTRACT FOR BAKE PARKWAY &
TRABUCO ROAD/IRVINE BOULEVARD STREET IMPROVEMENTS
(PW2017-01)
Andrew O’Connor offered public comment and expressed concerns with the information in the staff report.
February 4, 2025 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 6
ACTION: 1. The contract documents for construction of Bake Pkwy. & Trabuco Rd./Irvine Blvd. Street Improvements (PW 2017-01) were approved. 2. The resolution entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2023-2030 CAPITAL IMPROVEMENT PLAN; AMENDING THE
2023-2025 OPERATING BUDGET; AMENDING APPROPRIATIONS FOR FISCAL YEAR 2024-25 was approved. 3. A contract in the amount of $3,121,121.30 to All American Asphalt, Inc. was approved 4. All other bids received were rejected and bid bonds were authorized to be returned upon receipt of the executed contract documents from All American Asphalt, Inc. 5. The Mayor was authorized to sign, and the City Clerk to attest the contract with All American Asphalt, Inc.
DISCUSSION/ACTION ITEMS: (Item Nos. 8 – 10)
8. COMMISSION APPOINTMENTS TO CITY COMMISSIONS
City Manager Rose introduced this item and invited City Clerk Berglund to provide a presentation. City Clerk Berglund summarized the item. No public comment was offered. City Council questions were asked and answered.
Mayor Pro Tem Pequeno nominated Jordan Villwock and Council Member Cirbo nominated Tom Grabel to the Planning Commission. Both appointments were ratified by Council Member Yu.
Mayor Pro Tem Pequeno nominated Gerado Camarena and Council Member Cirbo nominated Jim Fouste. Both appointments were ratified by Council Member Yu. Council Member Tettemer nominated Anil Patel to the Traffic and Parking Commission. Mayor Voigts ratified the appointment.
Council Member Cirbo nominated Justo Fuentes and Mayor Pro Tem Pequeno nominated Zia Jones to the Community Services Commission.
Both appointments were ratified by Council Member Yu.
9. CONSIDERATION OF AMENDMENT TO EXISTING LAKE FOREST
HOUSING REHABILITATION PROGRAM POLICY AND PROCEDURES
MANUAL
City Manager Rose introduced this item and invited Economic Development Manager Adrian Grijalva to provide a presentation. Economic Development February 4, 2025 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 5 of 6
Manager Grijalva summarized the item. No public comment was offered. City Council questions were asked and answered.
MOTION: Approve amendments to the Lake Forest Housing Rehabilitation Program Policy and Procedures Manual.
MOTION: It was moved by Mayor Pro Tem Pequeño, seconded by Council Member Yu, to approve the amendments to the Lake Forest Housing Rehabilitation Program Policy and Procedures. The motion was carried by a vote of 5-0.
10. CODE ENFORCEMENT UPDATE
City Manager Rose introduced this item and invited Assistant Community Development Director Amy Stonich to provide a presentation. Assistant Community Development Director Stonich summarized the item. Public comment was offered by Andrew O’Connor. City Council questions were asked and answered.
Andrew O’Connor expressed concerns with the information in the staff report.
ACTION: The code enforcement update was received and filed.
CITY MANAGER'S REPORT: City Manager Rose had nothing further to report.
CITY COUNCIL COMMENTS:
Council Member Cirbo reported that the AYSO Section tournament was hosted at the Lake Forest Sports Park last weekend. He participated in an Eagle Scout ad hoc meeting to with Mayor Voigts staff to ensure that Lake Forest residents can complete their Eagle Scout project in Lake Forest.
Council Member Tettemer had no further comments.
Council Member Yu thanked the commissioners for their service to the City. He further reported that Barker Ranch Dog Park has reopened. He thanked staff for their hard work.
Mayor Pro Tem Pequeno thanked staff for their hard work.
Mayor Voigts thanked the commissioners for their service to the City.
ADJOURNMENT: The City Council meeting adjourned at 7:52 p.m.
February 4, 2025 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 6 of 6
Respectfully submitted:
APPROVED:
LISA BERGLUND SCOTT VOIGTS
CITY CLERK MAYOR
CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/18/2025
DEPARTMENT: Public Works
SUBJECT:
PROCLAMATION DECLARING FEBRUARY 16 - 22, 2025, AS NATIONAL ENGINEERS WEEK.
RECOMMENDED ACTION(S):
Approve the proclamation designating February 16 - 22, 2025, as National Engineers Week in the City of Lake Forest.
EXECUTIVE SUMMARY:
The third week of February of each year is National Engineers Week, calling attention to the Engineering Profession’s contributions to society and everyday life. It is also a time for engineers to emphasize the importance of learning math, science, and technical skills. The celebration started in 1951, by the National Society of Professional Engineers, in conjunction with President George Washington’s birthday on February 22. President Washington is considered the nation’s first engineer, most notably for his survey work. The Engineers Week 2025 theme, Welcome to the Future, celebrates engineering as a collaborative, creative process that strives to make a difference — from creation and maintenance of our infrastructure, to advances in life-saving medicines, more productive crop yields, and cleaner drinking water. Engineering of scientific knowledge into practical uses makes a difference in our everyday lives. Staff recommend the City Council approve a proclamation declaring the week of February 16, 2025, as National Engineers Week.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
Proclamation declaring February 16-22, 2025, as National Engineers Week.
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
Attachment
PROCLAMATION
THE LAKE FOREST
CITY COUNCIL
HEREBY PROCLAIMS
February 16–22, 2025
AS
“NATIONAL ENGINEERS WEEK”
SCOTT VOIGTS
MAYOR
ROBERT PEQUEŇO MARK TETTEMER
MAYOR PRO TEM COUNCIL MEMBER
BENJAMIN YU DOUG CIRBO
COUNCIL MEMBER COUNCIL MEMBER
CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/18/2025
DEPARTMENT: Public Works
SUBJECT:
APPROVAL OF AGREEMENT WITH THE COUNTY OF ORANGE FOR ON-
CALL CONSULTING AND STREET MAINTENANCE SERVICES
RECOMMENDED ACTION(S):
1. Approve the Agreement with the County of Orange for On-Call Consulting and Street Maintenance Services.
2. Authorize the Mayor to sign, and the City Clerk to attest, the Agreement substantially in the form attached.
EXECUTIVE SUMMARY:
The City utilizes the services of Charles Abbott & Associates (“CAA”) for its current street maintenance services. Under normal circumstances this contractor provides effective services to respond to daily and emergency situations.
However, under a county wide disaster, it may be challenging to provide adequate resources. The County of Orange (“County”) has previously provided the City with public works and emergency services on an on-call basis for over ten years. The approval of a new contract is designed to utilize County resources as a contingency service to the City should the need arise, such as during a disaster or emergency in which CAA may require assistance. A contract with the County establishes a priority for receiving assistance and allows the City to tap into a vast array of contractors. There are no additional funds required for the contract, since work would be funded by specific line items within the adopted budget.
BACKGROUND:
After many years utilizing the County for engineering and Public Works maintenance services, the City procured the services of CAA to provide Public Works related services directly for the City. To provide redundant services in case of an emergency, and to finish a joint pavement management project with the County, the City Council approved an agreement with the County on January 10, 2017, to provide on-call Public Works and pavement management services.
The scope of work under the agreement allowed the City to utilize the on-call services that the County provides such as surveying, materials testing, flood control assistance, street maintenance, and emergency response as necessary.
This arrangement provided redundancy for critical City services which are normally contracted to consultants and was only to be used on an as-needed basis and for possible emergency responses. The Agreement provided services for five years through June 30, 2021, and was valued at $450,000. The Agreement was subsequently renewed for three years through June 30, 2024, and valued at $50,000.
The County provided an option for dedicated public works crews to maintain streets and related facilities and standby labor and materials to respond to emergencies. The original Agreement in 2017 also included pavement management services including pavement distress evaluations, field data collection, asset data collection and mapping, and Street Saver software and support. Similar to the Agreement in 2021, the proposed Agreement no longer requires Pavement Management assistance as the City procures this service through a separate contract award process. Emergency services using County contracts is still necessary as a reassurance to the City to receive assistance when resources are limited. Any city that contracts with the County receives a higher priority for services during emergencies. This agreement provides back-up support for the City’s critical infrastructure.
DISCUSSION:
The City’s current contractor, CAA, provides sufficient resources for routine and emergency related street maintenance services. Although CAA provides back-up contracts for their services, the City does not have direct back-up contracts in place to respond to multiple or catastrophic events should CAA deplete their resources. The County, as a regional provider of services, has multiple contractors, as well as County employees, on-call to support large scale events and emergencies. This ability to acquire resources complements the services provided by CAA and provides a contingency resource for the City to provide essential public services. The ability to receive services from multiple vendors is consistent with the department’s practice of having a redundant service under contract to provide services as needed.
There is no additional cost for entering into a contract with the County. Work would only be performed on an as-needed basis as directed by the City. In the event of a large catastrophe or regional response, the County would typically prioritize their response to cities with which they already had a contractual obligation, above other non-contracted cities. This would help Lake Forest in the case of mutual aid or in the event of a widespread disaster.
The proposed agreement compensation structure includes fixed unit prices and minimum quantities for typical services. The agreement also provides time and material costs to perform extraordinary work. As a major regional service provider, the County offers a wide array of potential services to the City that would not be available from any other individual contractor. The contract includes a three-year agreement not to exceed $50,000 for on-call services. The Agreement includes the County’s standard rates for the various services that it provides. The County prepared the proposed Agreement (Attachment 1) based on its standard form agreement for this type of service. Additionally, the City Attorney’s Office approved the Agreement as to form. Should the City Council authorize the agreement, staff would forward it for consideration and execution by the Orange County Board of Supervisors at a regularly scheduled meeting.
The proposed term of the contract is three years beginning on March 1, 2025.
FISCAL IMPACT:
There is no immediate fiscal impact for entering into the agreement. The total proposed agreement amount is $50,000 for on-call street maintenance services over the next three years. Funds would be expended only if necessary, on an as- needed basis. Sufficient funds exist in the street repair budget for pavement management services and in the Gas Tax Fund for potential on-call street related services.
ATTACHMENTS:
1. Agreement for On-Call Street Maintenance and Pavement Management Services
2. County of Orange Scope of Work Rate Sheet
Initiated By: Michael McConaha, Public Works Maintenance Manager Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Attachment 1
Agreement No. MA-080-24011538
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE COUNTY OF ORANGE AND THE CITY OF LAKE FOREST
This AGREEMENT, made and entered into by and between the City of Lake Forest, a municipal corporation located within the County of Orange, State of California, hereinafter referred to as "AGENCY", and the County of Orange, a political subdivision of the State of California, hereinafter referred to as "COUNTY". AGENCY and COUNTY shall sometimes be referred to individually as "PARTY" or collectively as "PARTIES"
RECITALS
WHEREAS, pursuant to California Government Code Section 54981, the legislative body of any local agency may contract with any other local agency for the performance by the latter of municipal services or functions within the territory of the former, and WHEREAS, such services or functions may include performance of public projects in accordance with California Public Contract Code Section 22032(a), which provides that public projects of sixty thousand dollars ($60,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.
WHEREAS, the PARTIES mutually desire to serve the citizens of Orange County by providing a safe environment and enhanced quality of life through improvements to, and maintenance of, public infrastructure; and
WHEREAS, AGENCY wishes to contract with COUNTY for the performance of various municipal services or functions as more specifically described in Attachment "A" herein referred to as "SERVICES"; and
WHEREAS, COUNTY is willing to provide these SERVICES to AGENCY in accordance with the terms, conditions and provisions of this AGREEMENT; Docusign Envelope ID: 9F9F1970-72DA-4949-8537-31A729349027 Agreement No. MA-080-24011538
NOW, THEREFORE, AGENCY and COUNTY mutually agree as follows:
GENERAL PROVISIONS
SECTION I - PURPOSE AND DEFINITIONS
A. PURPOSE:
The PARTIES are entering into this AGREEMENT pursuant to authority granted by California Government Code Section 54981 to establish the terms, conditions and provisions upon which AGENCY may request COUNTY to perform SERVICES on the AGENCY's behalf, including but not limited to performance of public projects in accordance with California Public Contract Code Section 22032(a). The COUNTY may use either COUNTY staff or contractors as the COUNTY deems appropriate. All COUNTY staff and contractors utilized to p erform SERVICES will work under COUNTY's direction and supervision.
B. DEFINITIONS
1. "AGENCY" shall mean the City of Lake Forest, a municipal corporation.
2. "AGENCY MANAGER" shall mean the AGENCY's City Manager, or authorized designee.
3. "AGREEMENT CAPACITY" shall mean the maximum aggregate dollar value of all SERVICES that may be provided by COUNTY to AGENCY under this AGREEMENT.
4. "BILLING SCHEDULE" is the component of a WORK ORDER that describes the time and manner in which AGENCY shall pay COUNTY for SERVICES provided under that WORK ORDER.
5. "COUNTY" shall mean the County of Orange, a political subdivision of the State of California.
6. "COUNTY RESOURCES" shall mean the COUNTY personnel or contractors that may be used to provide AGENCY with SERVICES under this AGREEMENT. The COUNTY Docusign Envelope ID: 9F9F1970-72DA-4949-8537-31A729349027 Agreement No. MA-080-24011538
may utilize any combination of COUNTY staff or contractors as the COUNTY deems appropriate to provide the requested SERVICES.
7. "DIRECTOR" shall mean the Director, OC Public Works, or authorized designee.
8. "EFFECTIVE DATE" shall be January 27, 2025 through January 26, 2028.
9. "EMERGENCY" for the limited purposes of this AGREEMENT, shall mean the following: (a) when the COUNTY's Chief Executive Officer determines that there is an immediate danger to life, safety and property of contracting AGENCY, its citizens, or the citizens of the COUNTY requiring the performance of EMERGENCY WORK; and/or (b) when the AGENCY's legislative body or authorized officer declares an emergency pursuant to the applicable provisions of the Government Code; and/or (c) when the COUNTY's Board of Supervis ors or authorized COUNTY officer declares an emergency pursuant to Government Code Section 8630, et seq.; and/or (d) when the State or Federal Government, or both, declare an emergency for the geographic area encompassing all or part of the AGENCY's jurisdiction.
10. "EMERGENCY WORK" is work or services that the AGENCY may require that occurs due to an EMERGENCY and exceeds the dollar value limits for ONE-TIMESERVICES.
11. A "JOB ORDER CONTRACT" is a COUNTY contract for the provision of repair, remodeling, or other repetitive work done according to unit prices pursuant to Public Contract Code Section 20128.5.
12. "ONE-TIME SERVICES" are SERVICES provided by COUNTY under this AGREEMENT that may be utilized for a specific project, including new construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any AGENCY-owned, leased, or operated facility, and the painting or repainting of any AGENCY owned, leased, or operated facility. ONE-TIME SERVICES do not include work that is properly classified as RECURRING SERVICES.
Docusign Envelope ID: 9F9F1970-72DA-4949-8537-31A729349027 Agreement No. MA-080-24011538
13. "PARTY" or "PARTIES" shall mean either or collectively the AGENCY or COUNTY.
14. A "QUALIFIED VENDOR LIST" is a COUNTY- maintained list of potential contractors who may provide either architecture or engineering services that was assembled by the COUNTY through the Request for Qualification process.
15. "RATE SHEET" shall mean the rate sheet for all SERVICES that COUNTY may provide under this AGREEMENT, prepared by the COUNTY upon execution of this AGREEMENT. The RATE SHEET, along with a brief description of the types of work that may be performed under this AGREEMENT, shall constitute Attachment "A" to this AGREEMENT.
16. "RECURRING SERVICES" are SERVICES that are performed on routine, repetitive basis within a given time period.
17. "SCOPE OF WORK" is a detailed description of the SERVICES and the manner in which they will be provided.
18. "SERVICES" shall mean the routine, recurring services, or one -time projects, provided to AGENCY by COUNTY under the terms of this AGREEMENT, and shall more explicitly be defined in Attachment "A" hereto.
19. A "STOP WORK ORDER NOTICE" shall mean a written notice by the COUNTY to the AGENCY, immediately stopping or cancelling all or any part of a WORK ORDER.
20. "URGENT WORK" is unforeseen work that AGENCY may periodically require to be performed on an urgent, but is not an EMERGENCY, basis, which may exceed the dollar value limits applicable to ONE-TIME SERVICES. This URGENT WORK may include either provision of services, or the performance of repair work.
21. A "WORK ORDER" shall be a document created collaboratively by the AGENCY and COUNTY for the purpose of describing and ordering the time, manner and duration in which Docusign Envelope ID: 9F9F1970-72DA-4949-8537-31A729349027 Agreement No. MA-080-24011538
the COUNTY provides AGENCY with SERVICES under this AGREEMENT. A WORK ORDER shall consist of a SCOPE OF WORK, Estimated Timeline for performance of the SERVICES, Cost Estimate for performing the SERVICES, and BILLING SCHEDULE describing the time and manner in which AGENCY shall pay COUNTY for SERVICES provided thereunder. Once approved by the AGENCY MANAGER, a WORK ORDER shall incorporated into this AGREEEMENT as an Exhibit to Attachment A.
SECTION II - ADMINISTRATION OF AGREEMENT
A. PARTIES' REPRESENTATIVES: AGENCY MANAGER shall be AGENCY's representative in all matters pertaining to this AGREEMENT and will act as liaison between AGENCY and COUNTY and coordinate the activities of AGENCY staff assigned to work with COUNTY staff to implement the terms of this AGREEMENT.
COUNTY'S DIRECTOR shall be authorized to act as COUNTY's representative in all matters pertaining to this AGREEMENT, and shall act as liaison between AGENCY and COUNTY and coordinate the activities of COUNTY staff assigned to work with AGENCY staff to implement the terms of this AGREEMENT.
B. PROVISION OF SERVICES:
The PARTIES agree that:
1. AGENCY may request COUNTY to provide SERVICES of the types described in Section III at any time; and
2. Subject to the availability of COUNTY RESOURCES and the limitations of Paragraph 4 herein below, COUNTY may provide SERVICES when requested by AGENCY; and
3. All COUNTY RESOURCES utilized to perform SERVICES will work under COUNTY's direction and supervision; and
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4. If COUNTY RESOURCES are unavailable for whatever reason as determined by the DIRECTOR, or the DIRECTOR determines that provision of the SERVICES requested by AGENCY would not be in the COUNTY's best interest or would impair the COUNTY's ability to provide government services of any type in areas outside the AGENCY's jurisdiction, COUNTY may decline to provide the requested SERVICES at no penalty to the COUNTY.
5. If COUNTY agrees to provide SERVICES requested by AGENCY, COUNTY, in collaboration with AGENCY, will prepare a WORK ORDER for approval of AGENCY MANAGER. Upon approval by AGENCY MANAGER, an approved WORK ORDER shall become part of the AGREEMENT between the PARTIES as described in Section VII(C) herein; provided, however, WORK ORDERS may not materially change the terms of this AGREEMENT or any Attachments, but rather may only specify the times, manner and total cost to particular SERVICES to be provided under this AGREEMENT.
Upon obtaining AGENCY's approval of a WORK ORDER, COUNTY will perform or cause to be performed the requested SERVICES and shall invoice the AGENCY in the manner described in Section III.
6. The COUNTY may, at any time, by written STOP WORK ORDER NOTICE to the AGENCY, immediately stop or cancel all or any part of a WORK ORDER, for a period of 90 days after the STOP WORK ORDER NOTICE is delivered to the AGENCY and for any further period to which the Parties may agree. Within a period of 90 days after a STOP WORK ORDER NOTICE is delivered to the AGENCY, or within any period to which the Parties shall have agreed, the COUNTY shall either:
a. Cancel the STOP WORK ORDER NOTICE; or
b. Cancel the WORK ORDER immediately in whole or in part in writing as soon as feasible.
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C. AGREEMENT CAPACITY:
The AGREEMENT CAPACITY shall be $50,000.00.
SECTION III - SERVICES
A. WARRANTIES BY AGENCY: Agency warranties, promises and agrees as follows:
1. The SERVICES ordered by AGENCY and provided under this AGREEMENT do not violate the force account limits applicable to AGENCY.
2. The AGENCY will not order any SERVICES that would violate any statutory or contractual obligation of AGENCY.
B. DEFINITION OF SERVICES: The COUNTY may provide the following types of SERVICES to the AGENCY in the following manner:
1. RECURRING SERVICES: AGENCY may request, and COUNTY may provide, RECURRING SERVICES of the following types:
a Maintenance work as described in Public Contract Code Section 22002(d) b Architect or engineering services provided by COUNTY on-call contractors.
2. ONE-TIME SERVICES : AGENCY may request, and COUNTY may provide, ONE-TIME SERVICES.
C. LIMITS ON THE PROVISION OF SERVICES: SERVICES may be provided to AGENCY in the following manner:
1. Delivery of RECURRING SERVICES: RECURRING SERVICES may be provided by COUNTY to AGENCY utilizing COUNTY personnel or contractors, except that a. JOB ORDER CONTRACTS shall not be used to provide RECURRING SERVICES;
b. Architect and engineering services can only be provided to AGENCY Docusign Envelope ID: 9F9F1970-72DA-4949-8537-31A729349027 Agreement No. MA-080-24011538
(i) Using COUNTY contractors, and not COUNTY personnel, (ii) If such architect and engineering contractors agree in writing to provide to AGENCY all such contractual defense, indemnification and insurance provisions they are contractually obligated to provide to COUNTY, and
(iii) If such architect and engineering contractors agree in writing to obtain and comply with all permits required by the applicable permitted authority; and
c. COUNTY shall not procure contracts for the sole benefit of AGENCY, but may use existing on-call contracts, provided, however, that this limitation shall not prohibit the COUNTY from entering into a contract with a vendor on an active COUNTY QUALIFIED VENDOR LIST to provide
SERVICES to AGENCY. The aggregate cost of RECURRING
SERVICES provided to AGENCY may be in any amount up to the
AGREEMENT CAPACITY
2. Delivery of ONE-TIME SERVICES: ONE-TIME SERVICES may be provided by COUNTY to AGENCY utilizing COUNTY personnel or contractors, except that a. JOB ORDER CONTRACTS shall not be used to provide ONE -TIME SERVICES;
b. Architect and engineering services can only be provided to AGENCY (i) Using COUNTY contractors, and not COUNTY personnel, (ii) If such architect and engineering contractors agree in writing to provide to AGENCY all such contractual defense, indemnification Docusign Envelope ID: 9F9F1970-72DA-4949-8537-31A729349027 Agreement No. MA-080-24011538
and insurance provisions they are contractually obligated to provide to COUNTY, and
(iii) If such architect and engineering contractors agree in writing to obtain and comply with all permits required by the applicable permitted authority;
c. COUNTY shall not procure contracts for the sole benefit of AGENCY provided, however, that this limitation shall not prohibit the COUNTY from entering into a contract with a vendor on an active COUNTY QUALIFIED VENDOR LIST to provide SERVICES to AGENCY; and d. The maximum value of ONE -TIME SERVICES for the performance of a public project, if applicable and as defined in Public Contract Code Section 22002(c), shall not exceed the limits set forth in Public Contract Code Section 22032(a) or $60,000 per project, whichever is the greater. Neither COUNTY nor AGENCY shall use this AGREEMENT to engage in project splitting in violation of law, or in violation of applicable COUNTY or AGENCY policy.
D. ORDERING SERVICES : RECURRING SERVICES and ONE -TIME SERVICES may be ordered by the drafting of a WORK ORDER. The WORK ORDER, as part of the SCOPE OF WORK, shall also memorialize the AGENCY's completion of any necessary environmental review, and shall specify which PARTY is responsible for obtaining necessary permits.
The PARTIES shall collaborate in the drafting of all WORK ORDER. No WORK ORDER shall be effective until signed by both the AGENCY MANAGER and DIRECTOR or designee. Once effective, WORK ORDERS shall amend and become part of this AGREEMENT, Docusign Envelope ID: 9F9F1970-72DA-4949-8537-31A729349027 Agreement No. MA-080-24011538
except that WORK ORDERS may not change the terms of the General Provisions or any Attachments. No WORK ORDER shall result in the expenditure of any funds or provision of any SERVICES that would exceed the AGREEMENT CAPACITY. No WORK ORDER shall have a period of performance that exceeds the TERM of this AGREEMENT.
E. COST OF SERVICES : Cost Estimates for SERVICES provided under this AGREEMENT shall be drafted according to the RATE SHEET prepared by COUNTY. The RATE SHEET shall be prepared and updated annually by COUNTY, in the manner authorized by COUNTY's Board of Supervisors, during the TERM of this AGREEMENT, and shall be made part of this AGREEMENT as Attachment "A" and incorporated herein by reference once prepared by COUNTY and provided to AGENCY. COUNTY may also provide SERVICES using contracts awarded by, or purs uant to the delegated authority of, COUNTY's Board of Supervisors. In the event that COUNTY provides SERVICES using these contracts, the cost shall be that set forth in the respective contract, plus the added rate set forth in the RATE SHEET for any COUNTY labor used in administering or procuring those contracts.
F. URGENT WORK: From time to time, AGENCY may require CO UNTY to provide URGENT WORK under this AGREEMENT.
1. URGENT WORK may only be performed when authorized by, and at the discretion and direction of, COUNTY's Chief Executive Officer. URGENT WORK is defined as work that AGENCY demonstrates is necessary to prevent a potential threat to the life, safety, or property of the citizens of the County of Orange were such URGENT WORK not to be performed, but where such circumstances do not yet constitute an EMERGENCY as defined in this AGREEMENT.
2. URGENT WORK is limited to activities as the AGENCY and COUNTY agree are reasonably necessary to prevent an EMERGENCY (as defined in this AGREEMENT) from Docusign Envelope ID: 9F9F1970-72DA-4949-8537-31A729349027 Agreement No. MA-080-24011538
occurring. The scope of URGENT WORK that may be provided by any single WORK ORDER under this AGREEMENT shall only be that which is necessary to mitigate the potential threat of an EMERGENCY developing. Once the threat of an EMERGENCY developing is mitigated, any further repair work necessary for complete reconstruction of AGENCY facilities or property shall be delivered as ONE-TIME SERVICES or by separate contract.
3. URGENT WORK shall be ordered by WORK ORDER.
4. URGENT WORK may be delivered using JOB ORDER CONTRACTS; provided, however, that the total amount of URGENT WORK delivered by JOB ORDER CONTRACT shall not exceed the lesser of $250,000 or the remaining amount of the AGREEMENT CAPACITY per WORK ORDER for URGENT WORK.
5. URGENT WORK shall be billed to AGENCY in the same manner as that of SERVICES provided under this AGREEMENT.
G. EMERGENCY WORK: From time to time, the AGENCY may require the performance of "EMERGENCY WORK".
1. EMERGENCY WORK shall only be performed in the event of an Emergency
2. EMERGENCY WORK shall be ordered by WORK ORDER.
3. EMERGENCY WORK may be performed either by COUNTY personnel or COUNTY contractors, or both, as is determined necessary by the DIRECTOR and the COUNTY's Chief Executive Officer. EMERGENCY WORK may be performed by COUNTY JOB ORDER CONTRACT Contractors under existing COUNTY JOB ORDER CONTRACT.
4. EMERGENCY WORK shall be billed to AGENCY in the same manner as that of SERVICES provided under this AGREEMENT.
5. The scope of EMERGENCY WORK that may be provided under this AGREEMENT shall only be that which is necessary to mitigate the threat of the EMERGENCY Docusign Envelope ID: 9F9F1970-72DA-4949-8537-31A729349027 Agreement No. MA-080-24011538
to the health, safety and welfare of the citizens of the County of Orange, COUNTY -owned infrastructure or facilities, or infrastructure or facilities owned or operated by other public entities located within the County of Orange. Once the EMERGENCY is mitigated, any further repair work necessary for complete reconstruction of AGENCY facilities or property shall be delivered as ONE-TIME SERVICES or by separate contract.
6. The value of all EMERGENCY WORK provided under this AGREEMENT shall not exceed the AGREEMENT CAPACITY.
SECTION IV - BILLING AND INVOICING
COUNTY shall submit invoice(s) to AGENCY for SERVICES provided. The invoiced amount shall reflect the agreed upon costs and fees set in the manner authorized by COUNTY's Board of Supervisors or as set forth in a contract awarded by, or pursuant to authorit y delegated by, COUNTY's Board of Supervisors. All amounts invoiced to AGENCY shall reasonably reflect COUNTY's actual costs for providing those SERVICES to AGENCY in accordance with applicable COUNTY Revenue Policy.
AGENCY shall pay all invoices sent by COUNTY in the manner described in the relevant WORK ORDER. AGENCY assumes all risk of loss if payments are mailed. Payment shall be deemed complete when received by the COUNTY.
Notwithstanding any other provision of this AGREEMENT, this obligation of AGENCY to pay for SERVICES performed by the COUNTY shall remain in effect until such time as COUNTY has received all payment for the SERVICES it has performed.
SECTION V - DEFENSE AND INDEMNIFICATION
COUNTY agrees to indemnify, defend with counsel approved in writing by AGENCY, protect and hold harmless the AGENCY, its officers, elected or appointed officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or Docusign Envelope ID: 9F9F1970-72DA-4949-8537-31A729349027 Agreement No. MA-080-24011538
liability of any kind or nature which the AGENCY, its officers, elected or appointed officials, employees and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons or damage to property arising out of COUNTY's grossly negligent or willful wrongful acts in performing under the terms of this AGREEMENT. COUNTY shall defend, at its expense, including attorney fees, AGENCY, its officers, agents, employees, independent contractors and volunteers in any legal action or claim of any kind based upon such alleged acts or omissions. COUNTY shall not be liable in any way or indemnify the AGENCY, its officers, elected or appointed officials, employees and volunteers for AGENCY' S negligence or the negligence of AGENCY's officers, officials, employees or volunteers.
AGENCY agrees to indemnify, defend with counsel approved in writing by COUNTY, protect and hold harmless the COUNTY, its officers, elected or appointed officials, employees and volunteers from and against any and all claims, demands, losses, defense cost or expenses, or liability of any kind or nature which the COUNTY, its officers, elected or appointed officials, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons or damage to property arising out of the AGENCY's negligent or wrongful acts in performing under the terms of this AGREEMENT. The AGENCY shall not be liable in any way or indemnify the COUNTY, its officers, elected or appointed officials, employees and volunteers for COUNTY's gross and w illful negligence, or the gross and willful negligence of COUNTY's officers, elected or appointed officials, employees or volunteers. If judgment is entered against AGENCY and COUNTY by a court of competent jurisdiction because of the concurrent active neg ligence of AGENCY or COUNTY, AGENCY and COUNTY agree that liability will be apportioned as determined by the court. Neither PARTY shall request a jury apportionment.
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Without limiting the foregoing, AGENCY indemnification also extends to COUNTY employees or agents serving as inspectors in the AGENCY whose duties include recurring inspection to identify maintenance and repair needs. The failure to identify a hazard not currently involved in maintenance or repair which results in claim shall not transfer responsibility for the hazard to COUNTY. COUNTY responsibility includes maintenance and repair work in progress by COUNTY employees or contract work under COUNTY administration.
Each PARTY agrees to fully cooperate with the other and assist the other PARTY hereto in all matters relating to losses covered by the terms of this AGREEMENT, and more specifically but not being limited thereby, each PARTY will:
1. Give prompt notification of all occurrences covered or likely to be covered by Section V of this AGREEMENT;
2. If claim is made, or suit is brought against a PARTY on occurrences covered or likely to be covered by the terms hereof, such PARTY shall immediately forward every claim, demand, notice, summons or other process received by it to the other PARTY.
Either PARTY may, at its own expense, participate in the defense of any suit, or in the prosecution of any appeal affecting matters herein involved where the duty of defense or prosecution is imposed on the other PARTY, and where that other PARTY has consented to that participation.
SECTION VI - DISPUTE RESOLUTION
In the event that either PARTY contends that the other PARTY has failed to perform any of its obligations under this AGREEMENT, that PARTY shall, within ten (10) business days of becoming aware of the facts constituting that dispute, provide notice of the dispute to the other PARTY in the manner set forth in this AGREEMENT. Thereafter, the DIRECTOR and AGENCY MANAGER shall meet and confer in good faith to resolve any such dispute.
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In no event shall either PARTY initiate any action in equity or at law prior to engaging in the meet and confer process described in this Section.
SECTION VII - MISCELLANEOUS PROVISIONS
A. TERM: The term of this AGREEMENT shall become effective March 1 , 2025 and shall remain in effect for three (3) years; until the AGREEMENT CAPACITY has been expended; or otherwise terminated by either PARTY.
B. TERMINATION: Either PARTY may at any time, for any reason, and with or without cause, terminate this AGREEMENT by serving upon the non-terminating PARTY, in the manner set forth in Section VII(D) herein, a written Notice of Termination at least thirty (30) days prior to the date of termination. The terminating PARTY shall not be obligated to provide any reason for exercising its right to terminate this AGREEMENT. If COUNTY initiates a Notice of Termination, that Notice shall include an invoice for all SERVI CES that have not yet been invoiced to AGENCY. If AGENCY initiates a Notice of Termination, upon receipt of said Notice, COUNTY shall prepare and serve on AGENCY a final invoice for all SERVICES performed by COUNTY that have not yet been invoiced to AGENCY. AGENCY'S obligations under this AGREEMENT shall remain in effect until COUNTY has received all payments for SERVICES previously performed.
C. ENTIRE AGREEMENT AND CONSTRUCTION: This AGREEMENT, any Attachments and any WORK ORDER issued under the provisions herein, constitutes the entire agreement between the PARTIES with respect to the matters provided for herein.
D. NOTICE: All notices or other communication provided for herein shall be in writing and shall be personally served or delivered by United States mail, registered or certified return receipt requested, postage prepaid, addressed as follows:
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AGENCY: COUNTY:
Michael McConaha, Public Works Maintenance Manager Lori Hanson, City Contracts Manager 100 Civic Center Dr., Lake Forest, CA 92630 2301 N. Glassell St., Orange, CA 92865 (949) 461-3575 (714) 955-0231
[email protected] [email protected]
Any PARTY may, by notice to the others, designate a different address for notices that shall be substituted for that specified above. Any notice given as provided in this subparagraph shall be deemed to have been received, if personally served, as of the date and time of service, or if deposited in the mail as provided above, forty-eight (48) hours after deposit in the mail.
E. NON-ASSIGNMENT: This AGREEMENT shall not be assigned except by written amendment to this AGREEMENT.
F. EXECUTION IN COUNTERPARTS: This AGREEMENT may be executed in counterparts, each of which when executed and delivered shall be considered an original, and when taken together shall constitute a single document.
G. ATTORNEY'S FEES: In any action or proceeding brought to enforce or interpret any provision of this AGREEMENT, or where any provision hereof is validly asserted as a defense, each PARTY shall bear its own attorney's fees and costs.
H. AMENDMENTS: No alteration or variation of the terms of this AGREEMENT shall be valid unless made in and signed by the PARTIES hereto, and no oral understanding or AGREEMENT not incorporated herein shall be binding on any of the PARTIES hereto.
I. COMPLIANCE WITH APPLICABLE LAW: Each PARTY and their respective contractors shall at all times and in all respects comply with all applicable federal, state and local laws, ordinances, regulations, and permits with respect to their performance of this AGREEMENT.
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J. INTERPRETATION: This AGREEMENT shall be construed and enforced in accordance with California law. The PARTIES acknowledge that the PARTIES and their counsel have both reviewed and revised this AGREEMENT, that it is the product of the PARTIES ' mutual drafting efforts, and that therefore the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting PARTY shall not be employed in the interpretation of this AGREEMENT or any exhibits or amendments hereto.
K. CALENDAR DAYS: Any reference to the word "day" or "days" shall mean calendar day or calendar days respectively, unless otherwise expressly provided.
L. FORCE MAJEURE: COUNTY shall not be assessed with damages or penalties for unsatisfactory performance during any delay in the performance of any work under this AGREEMENT caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided COUNTY gives written notice of the cause of the delay to the AGENCY within 24 hours of the start for the delay.
M. SEVERABILITY: If any part of this AGREENIENT is held, determined or adjudicated to be illegal, void or unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT shall be given effect to the fullest extent reasonably possible.
N. AUTHORITY: The PARTIES represent and warrant that this AGREEMENT has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms.
O. PRECEDENCE: In the event there is a conflict in language between any component documents of this AGREEMENT, the conflict in language shall be resolved by treating the language of the General Provisions as controlling over the language of any Attachments and any WORK ORDERS; and the language of any Attachments as controlling over the language of any WORK ORDERS.
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IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT on the dates following their respective signatures effective as of the date first above written:
CO
UNTY OF ORANGE (“COUNTY”) CITY OF LAKE FOREST (“AGENCY”) B
y: __________________________ By: __________________________ Kevin Onuma, Director
County of Orange, California
Scott Voigts, Mayor City of Lake
Forest
D
ate: __________________________ Date: __________________________ AP
PROVED AS TO FORM
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA APROVED AS TO FORM
By:
__________________________ By: __________________________ Deputy City Attorney
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Attachment 2
ATTACHMENT A
SCOPE OF SERVICES / RATE SHEET
Part 1. General Provisions
A. COUNTY Shall:
1. Provide municipal services or functions within the territory of the AGENCY on an as needed basis as requested by the AGENCY.
2. Perform services indicated in this Scope of Work by COUNTY employees, COUNTY contractors (competitively bid contracts), or a combination of the two depending on available services at the time the work is requested by the AGENCY. All COUNTY resources utilized to perform services will work under the COUNTY’s direction and supervision.
3. Prepare a cost estimate and work order for review/approval of AGENCY prior to work being scheduled/performed. The work order will include a scope of work, estimated timeline for performance of the services, and cost estimate for performing the services.
4. Prepare general and specific work schedules. General schedules shall indicate work to be accomplished by COUNTY staff and/or contractors. Services are scheduled on a biweekly basis. Urgent or emergency services will be inserted and/or plugged into the current schedule depending on availability of resources and urgency of the request.
5. Prepare a work plan/budget for routine/recurring services provided to the AGENCY and will meet with the AGENCY periodically to discuss/update the work plan/budget.
6. Perform services requested by AGENCY utilizing COUNTY resources subject to availability and the limitations of Section II.B. Paragraph 4 of the Agreement.
B. AGENCY Shall:
1. Designate an official or designated employee that is authorized to act as their Responsible Party in all matters pertaining to the Agreement. The Responsible Party shall authorize services, review reports and invoices, and authorize payments. In the event there is a change in Responsible Party, the AGENCY shall submit written notice with the name of the new official or designated employee. Through the Agreement, the Director or his designee, as identified within this document, shall be the COUNTY’s Responsible Party.
2. Request for Service: AGENCY shall contact the assigned COUNTY representative to request services. The Responsible Party shall provide details as to the service type requested, quantities, scope, and requested completion date. The Responsible Party shall notify the assigned COUNTY representative of priority service requests to be included within the following two-week work schedule.
3. AGENCY representative shall review cost estimates, work orders, and provide approval to COUNTY via signature on work orders.
4. Serve as liaison with individual homeowners, homeowners associations, citizen groups, and others concerning performance of work and levels of service provided under this Agreement.
5. Pay COUNTY for actual costs incurred to include all costs for labor, equipment, materials, contractor services/rates, and all applicable overhead and supervisory expenses in accordance with established COUNTY prices, rates, fees and charges at the time the work is performed.
C. Service Charges:
Services available within this document consist of the following identifiable types of cost:
1. Approved Work Plan Costs consist of an identifiable price for a specific maintenance or repair activity priced with a defined work unit. The price includes manpower and equipment only, materials will be billed at the actual material cost. Minimum quantities are required for some of the activities in an effort to provide the best possible pricing. Requests for less than minimum quantities specified may be charged on a time and materials basis. Work Plan costs for a specific fiscal year have been incorporated into this document and are part of the Agreement. These costs are subject to change during the term of the agreement should changes in prices occur which may include but not be limited to revised prices, rates and/or fees approved by the County’s Board of Supervisors, union negotiated pay increases, equipment rate increases, or price increases by contractors.
2. Time and Materials Service Costs shall include all costs for COUNTY labor, equipment and materials, using actual number of man-hours and equipment-hours required (including travel time to and from project location), and actual contract(s) costs (using the actual cost of materials and staff time, including burden, overhead and indirect costs).
Specialty requests and additional items not listed in this document, including emergency response, shall be charged as time and materials service costs.
3. Materials Testing consist of the County of Orange Board of Supervisors approved fees with a defined work unit for specific inspections, laboratory testing, and exploratory and core drilling. Materials testing costs for a specific fiscal year have been incorporated into this document as Attachment B and are part of the Agreement. These costs are subject to change during the term of the agreement should changes in prices occur which may include but not be limited to revised prices, rates and/or fees approved by the County’s Board of Supervisors.
D. Overtime: For all time and materials services, overtime shall be available upon the Director’s authorization and the AGENCY’s approval only. From time to time, overtime may be directed by the AGENCY’s official or designee to ensure field services are performed with minimal disruption to the general public. Overtime shall be calculated as
1.5 times the base hourly rate with overhead.
E. Billing: OC Public Works accounting shall compile an itemized invoice of monthly costs for services performed during the previous month and submit the invoice to the AGENCY. Within 30 days of receipt of the invoice, AGENCY shall pay the cost of services contained within the invoice or, within 10 days of receipt of invoice, provide COUNTY written notice of any disputed costs.
Part 2. Scope of Services and Rate Sheet
SERVICE
SCOPE/DESCRIPTION
UNIT
UNIT
PRICE
Administrative
Support (305)
COUNTY will provide administrative
support, which shall include but not be limited
to generate work orders; schedule COUNTY
crews and COUNTY contractor services to
perform requested services; prepare cost
estimates/cost outs; perform reconciliation of
all charges for invoicing; prepare budget
status reports; data input; and maintain
inventories as needed.
Labor
Hours
$110.33
Maintenance
Inspection/Contract
Maintenance
Support (306)
COUNTY will provide maintenance
inspection/contract maintenance support,
which shall include but not be limited to
maintenance inspection of AGENCY right of
way as requested by AGENCY and
inspection/oversight of COUNTY contractors
providing various services and reviewing and
approving completed work for invoicing.
Labor
Hours
$130.74
Supervision
Support (302)
COUNTY will provide supervision support,
which shall include but not be limited to
supervision of contractors and COUNTY staff
in performing various services requested by
the AGENCY.
Labor
Hours
$123.35
Architect and
Engineering
Services
County will provide Architect and
Engineering Services by utilizing County
Contractors providing County Contractors
agree to provide services to AGENCY.
Contractor
Rates
Contractor
Rates
Job Order
Contracting (JOC)
COUNTY will accomplish this task by
utilizing COUNTY contracted JOC providers.
COUNTY will provide Job Order Contracts
for the provision of repair, remodeling, or
other repetitive work done according to unit
prices pursuant to Public Contract Code
section 20128.5. Job Order Contracts shall
not be used to provide recurring or one- time
services.
Contractor
Rates
Contractor
Rates
Street Tree
Trimming (Any
Diameter) (013)
OC O&M will accomplish this task by
utilizing our contracted provider.
The work includes trees along arterial streets
that block or encroach streetlights, traffic
signals, private property, and signs. Shall be
performed in accordance with specifications,
following the International Society of
Arboriculture (ISA) standards, and shall
include all costs of legal disposal per
specifications. Trees shall be trimmed to
provide a fifteen (15) foot clearance for
branches overhanging beyond curb line into
the paved section of roadways and nine (9)
foot clearance for pedestrians over the
sidewalks.
Each
$14.57
Aesthetic Tree
Pruning/Trimming
(Any Diameter)
(014)
OC O&M will accomplish this task by
utilizing our contracted provider.
The work includes trees along arterial streets
that block or encroach streetlights, traffic
signals, private property, and signs. Shall be
performed in accordance with specifications,
following the International Society of
Arboriculture (ISA) standards, and shall
include all costs of legal disposal per
specifications. Trees shall be trimmed, shaped
and thinned to provide a symmetrical and
aesthetically pleasing appearance typical of
the species. Tree shall be trimmed to provide
a fifteen (15) foot clearance for branches
overhanging beyond curb line into the paved
section of roadways and nine (9) foot
clearance for pedestrians over the sidewalks.
Each
Minimum
Qty: 25
each
$60.60
Tree Removal with
Stumping (Any
Diameter) (017)
OC O&M will accomplish this task by
utilizing our contracted provider.
The work includes complete removal of trees
and grinding of stumps to 12 inches below
finish grade. All shavings shall be removed,
and the hole shall be filled back to the
surrounding grade with clean soil and
compacted. The tree diameter (DBH) will be
measured at breast height. Restoration of
work area shall include removal of wood
chips, shavings, irrigation repairs, backfill of
finish grade with topsoil, reseeding and seed
cover.
Each
Minimum
Qty: 20
each
$473.00
Spray pre-
emergent herbicide
(Road Shoulder)
(006)
OC O&M will accomplish this task by
utilizing County crews.
The work includes spraying, areas along the
public right-of-way strips and other owned
properties per manufacture’s
recommendations. Spraying shall be
performed in accordance with established
Herbicide Application Recommendations. All
chemical applications shall be performed by a
licensed pesticide applicator and follow all
pesticide regulations and reporting in
accordance with the State of California
Agriculture Department. Copies of Restrictive
Materials permits, spraying
recommendations, chemical labels and MSDS
sheets shall be provided upon request.
Acre
Minimum
Qty: 10
acres
$243.04
Spray post-
emergent herbicide
(C&G) (004)
OC O&M will accomplish this task by
utilizing County crews.
The work includes spraying, areas along the
public right -of-way strips, center medians,
and other owned properties per manufacture’s
recommendations. Spraying shall be
performed in accordance with established
Herbicide Application Recommendations. All
chemical applications shall be performed by a
licensed pesticide applicator and follow all
pesticide regulations and reporting in
accordance with the State of California
Agriculture Department. Copies of Restrictive
Materials permits, spraying
recommendations, chemical labels and MSDS
sheets shall be provided upon request.
Acre
Minimum
Qty:
10 acres
$175.67
Remove and
Replace 4” AC
(501)
OC O&M will accomplish this task by
utilizing our contracted providers.
The work includes saw cutting, removal of
AC and subgrade to provide for up to a full 4-
inch section, compaction of disturbed
subgrade, tack coating of the vertical edge
surfaces with 2 coats of SS-1H spray applied
at a uniform rate of 0.1 gallons per square yard
each coat (first coat to be allowed to stiffen
before second coat), placement of 2-inches of
PG 64-10 Type 3 B3 AC for base and a 2-inch
final lift of PG 64-10 Type 3 C3 AC, and
compaction of each individual lift with a
Square
Feet
Minimum
Qty:
100 SF
$7.00
vibratory 3 foot wide minimum roller.
Minimum repair width will be 6 feet.
Remove and
Replace 6” AC
(503)
OC O&M will accomplish this task by
utilizing our contracted provider or Job Order
Contracting (JOC) Contractors.
Work shall include saw cutting, removal of
AC and subgrade to provide for up to a full 6-
inch section, compaction of disturbed
subgrade, tack coating of the vertical edge
surfaces with 2 coats of SS-1H spray applied
at a uniform rate of 0.1 gallons per square yard
each coat (first coat to be allowed to stiffen
before second coat), placement of PG 64-10
Type 3 B3 AC for base up to 4-inches and a 2
inch final lift of PG 64-10 Type 3 C3 AC, and
compaction of each individual lift with a
vibratory 3 foot wide minimum roller.
Minimum repair width will be 6 feet.
Square
Feet
Minimum
Qty:
100 SF
$10.00
Remove and
Replace 8” AC
(505)
OC O&M will accomplish this task by
utilizing our contracted providers.
The work includes saw cutting, removal of
AC and subgrade to provide for up to a full 8-
inch section, compaction of disturbed
subgrade, tack coating of the vertical edge
surfaces with 2 coats of SS-1H spray applied
at a uniform rate of 0.1 gallons per square yard
each coat (first coat to be allowed to stiffen
before second coat), placement of PG 64-10
Type 3 B3 AC for base up to 6-inches in two
lifts and a 2 inch final lift of PG 64-10 Type 3
C3 AC, and compaction of each individual lift
with a vibratory 3 foot wide minimum roller.
Minimum repair width will be 6 feet.
Square
Feet
Minimum
Qty:
100 SF
$9.00
Remove and
Replace 10” AC
(507)
OC O&M will accomplish this task by
utilizing our contracted providers.
The work includes saw cutting, removal of
AC and subgrade to provide for up to a full
10-inch section, compaction of disturbed
subgrade, tack coating of the vertical edge
surfaces with 2 coats of SS-1H spray applied
at a uniform rate of 0.1 gallons per square yard
each coat (first coat to be allowed to stiffen
before second coat), placement of PG 64-10
Type 3 B3 AC for base and a final 2 inch final
coat of PG 64-10 Type 3 C3, up to 10-inchs
Square
Feet
Minimum
Qty:
100 SF
$10.00
AC in three lifts, and compaction with a
vibratory 3 foot wide minimum roller.
Minimum repair width will be 6 feet.
Remove and
Replace 12” AC
(509)
OC O&M will accomplish this task by
utilizing our contracted providers.
The work includes saw cutting, removal of
AC and subgrade to provide for up to a full
12-inch section, compaction of disturbed
subgrade, tack coating of the vertical edge
surfaces with 2 coats of SS-1H spray applied
at a uniform rate of 0.1 gallons per square yard
each coat (first coat to be allowed to stiffen
before second coat), placement of PG 64-10
Type 3 B3 AC for base up to 10-inches in 3
lifts and a 2 inch final lift of PG 64-10 Type 3
C3 AC, and compaction of each individual lift
with a vibratory 3 foot wide minimum roller.
Minimum repair width will be 6 feet.
Square
Feet
Minimum
Qty:
100 SF
$12.00
AC Berm – Type
D2 6” (510)
OC O&M will accomplish this task by
utilizing our contracted providers.
The work includes saw cutting, removal of
AC Berm as directed by the Inspector,
compacting disturbed subgrade, forming and
placement of AR-4000 or AR-8000 asphalt
concrete and will conform to the provisions of
OC Public Works Standard Plan 120-2.
Linear
Feet
Minimum
Qty:
100 LF
$9.00
AC Berm – Type
D2 8” (511)
OC O&M will accomplish this task by
utilizing our contracted providers.
The work includes saw cutting, removal of
AC Berm as directed by the Inspector,
compacting disturbed subgrade, forming and
placement of AR -4000 or AR -8000 asphalt
concrete and will conform to the provisions of
OC Public Works Standard Plan 120-2.
Linear
Feet
Minimum
Qty:
100 LF
$10.00
AC Crack Repair
Cleaning & Filling
(Routed) (092)
OC O&M will accomplish this task by
utilizing our contracted providers.
The work includes applying joint filler into
pavement cracks to prevent and protect the
pavement from decay. All cracks that are 1/8
inch in width or larger shall be routed, blown
clean with a hot air lance and filled with hot
Linear
Feet
Minimum
Qty:
1,500 LF
$4.56
asphalt-rubber sealant material. Wide cracks
should be filled with patch material. Prior to
the application of hot asphalt-rubber sealant,
joints and cracks shall be routed and cleaned
to remove dust, dirt, moisture, and foreign
material or old sealant. Cracks shall be sealed
from the bottom up. Sealant material shall be
applied so it is flush with the surface. The job
and work will follow identified job standards,
specifications, and industry requirements.
This will include, but is not limited to, various
subtasks for proper planning and performing
the work including establishing proper traffic
control, routing all cracks greater than 1/8”,
clean crack using compressed air, apply crack
seal so there is a smooth finish, restore any
affected pavement legends or striping, and
then clean the work site.
Cold Patch of AC
Pavement –
Temporary (089)
OC O&M will accomplish this task by
utilizing OC O&M crews available at the time
the request is submitted.
The work includes hand patching of potholes,
small depressions, and edge breaks in
roadway surfaces to provide a smooth driving
surface. This activity is performed in order to
temporarily prevent further deterioration of
the pavement. This includes clearing and
grubbing, drying the area to be patched,
patching depressions or minor cracking and
cleaning the site.
Square
Feet
Minimum
Qty:
10 SF
$155.49
AC Pavement
Patch – Permanent
(088)
OC O&M will accomplish this task by
utilizing OC O&M crews available at the time
the request is submitted.
The work includes minor permanent patching
of potholes, depressions, and edge breaks in
roadway surfaces using Flomix, Aquaphalt, or
other approved hot mix asphalt concrete to
provide a smooth driving surface per
manufacturer’s recommendations. This
includes clearing and grubbing, sawcutting,
excavation, hand patching and minor skin
patching of potholes, small depressions and
edge breaks in roadway surfaces to provide a
smooth driving surface.
Square
Feet
Minimum
Qty:
100 SF
$122.15
Pave A.C. Slot in 3
Working Days 4”
(514)
OC O&M will accomplish this task by
utilizing our contracted providers.
The work includes saw cutting and removal
and replacement of existing 4 inch AC
pavement and subgrade as necessary to
provide for the installation of concrete. AC
installation shall be in accordance with AC
remove and replace line item fee. Work shall
be performed to the extent that the area of
work is returned to a safe condition for the
public with public access reestablished as
much as reasonably possible. Final repair
shall include 2 inch grinding of repair area
plus the existing adjoining AC, 2 feet beyond
the saw cut and a 2 inch final lift of PG 64-10
Type 3 C3 AC.
Square
Feet
Minimum
Qty:
200 SF
$8.50
Pave A.C. Slot in 3
Working Days 6”
(516)
OC O&M will accomplish this task by
utilizing our contracted providers.
The work includes saw cutting and removal
and replacement of existing 6 inch AC
pavement and subgrade as necessary to
provide for the installation of concrete. AC
installation shall be in accordance with AC
remove and replace bid item. Work shall be
performed to the extent that the area of work
is returned to a safe condition for the public
with public access reestablished as much as
reasonably possible. Final repair shall include
2 inch grinding of repair area plus the existing
adjoining AC, 2 feet beyond the saw cut and a
2 inch final lift of PG 64-10 Type 3 C3 AC.
Square
Feet
Minimum
Qty:
200 SF
$9.75
Remove and
Replace 4-Inch
Sidewalk (100)
COUNTY will accomplish this task by
utilizing COUNTY crews or via our
contracted provider. COUNTY will evaluate
the AGENCY’s request and conduct an
analysis of available staffing and cost analysis
to complete the task utilizing the most cost
effective method that meets the AGENCY’s
needs.
The work includes repair of sidewalks by
replacement of damaged or deteriorated
sections. The job and work shall follow
identified job standards, specifications, and
industry requirements. Tree roots might
interfere or have caused damage to sidewalk
Square
Feet
Minimum
Qty:
100 SF
$34.67
and may require restoration work. The
AGENCY’s ISA Certified
Arborist/Landscape Inspectors shall be
available at the request of the COUNTY to
provide a report as to the advantages,
disadvantages of tree roots shaving, pruning
and/or removal. If the adjacent tree needs to
be removed after all other measures have been
exhausted and because most of or all of the
supporting roots need to be removed, and the
AGENCY agrees, then the tree removal
pricing shall be used.
Remove and
Replace Curb &
Gutter (101)
COUNTY will accomplish this task by
utilizing COUNTY crews or via our
contracted provider. COUNTY will evaluate
the AGENCY’s request and conduct an
analysis of available staffing and cost analysis
to complete the task utilizing the most cost
effective method that meets the AGENCY’s
needs.
The work includes repair of damaged or
deteriorated concrete curb and gutter to ensure
proper drainage flow including forms and
concrete work. AC Slot Repair is additional
costs. As directed, remove curb and gutter
when sections are damaged, raised or lowered,
and water flow is impaired or diverted. The
job and work shall follow identified job
standards, specifications, and industry
requirements. Tree roots might interfere or
have caused damage to curb and gutter and
may require restoration work. The
AGENCY’s ISA Certified
Arborist/Landscape Inspectors shall be
available at the request of the COUNTY to
provide a report as to the advantages,
disadvantages of tree roots shaving, pruning
and/or removal. If the adjacent tree needs to
be removed after all other measures have been
exhausted and because most of or all of the
supporting roots need to be removed, and the
AGENCY agrees, then the tree removal
pricing shall be used.
Linear
Feet
Minimum
Qty:
200 LF
$109.71
Repair Drive
Approach (102)
OC O&M will accomplish this task by
utilizing OC O&M crews or via our
contracted provider. OC O&M will evaluate
SF
$78.36
the AGENCY’s request and conduct an
analysis of available staffing and cost analysis
to complete the task utilizing the most cost
effective method that meets AGENCY’s
needs.
The work includes removal and replacement
of driveways to replace damaged or
deteriorated sections. This includes clearing
and grubbing, removal operations including
the adjacent curb and gutter and one foot
width of asphalt concrete by the length of the
curb and placement of the new concrete and
AC. The job and work shall follow identified
job standards, specifications, and industry
requirements.
Minimum
Qty:
200 SF
Repair Access
Ramp (106)
OC O&M will accomplish this task by
utilizing OC O&M crews or via our
contracted provider. OC O&M will evaluate
the AGENCY’s request and conduct an
analysis of available staffing and cost analysis
to complete the task utilizing the most cost-
effective method that meets the AGENCY’s
needs.
The work includes removal and replacement
of deteriorated ramps as directed/requested by
AGENCY. The repair of access ramps shall
meet Americans with Disability Act (ADA)
standards and Caltrans Standard Plans. This
includes clearing and grubbing, the removal
of the adjacent curbs and gutters including a
one foot width of asphalt concrete along the
length of the curb and adjacent sidewalk as
necessary to meet grade and placement of the
new concrete and AC. The job and work shall
follow identified job standards, specifications,
and industry requirements.
Each
Minimum
Qty: N/A
$13,778.19
Contractor
Sidewalk Grinding
(110)
OC O&M will accomplish this task by
utilizing our contracted providers.
The work includes grinding of concrete
sidewalks to provide a smooth surface free of
edge displacement. This activity is performed
on uneven, displaced sidewalks, as designated
by AGENCY. The job and work shall follow
identified job standards, specifications, and
industry requirements.
Each
Minimum
Qty:
100 each
$112.50
Striping (039LF) COUNTY will accomplish this task by
utilizing COUNTY crews.
The work includes painting traffic lines to
provide defined travel lanes and proper
vehicle guidance. This includes painted
stripes regardless of type or location and the
placement of new striping as designated by
the AGENCY. Striping shall occur on an as
requested basis or on an agreed upon routine
schedule. The job and work shall follow
identified job standards, specifications, and
industry requirements. Repainting of existing
painting shall be done in one coat. Painting
new striping shall be done with two coats of
paint which application shall be separated by
a minimum of seven calendar days. COUNTY
utilizes water-based paint for all striping
operations.
Linear
Feet
Minimum
Qty:
15,000 LF
$0.22
Striping Layout
(047)
COUNTY will accomplish this task by
utilizing COUNTY crews.
The work includes the pre-marking of lane
lines following construction activity or for the
installation of new striping to provide a guide
for striping operations as designated by the
AGENCY. The job and work shall follow
identified job standards, specifications, and
industry requirements.
Linear
Feet
Minimum
Qty:
2,000 LF
$1.46
Stencil Traffic
Paint Legends (058)
COUNTY will accomplish this task by
utilizing COUNTY crews.
The work includes painting all traffic paint
legends on the traveled portion of the highway
to provide defined markings for vehicle and
pedestrian control. The job and work shall
follow identified job standards, specifications,
and industry requirements. This includes
establishment of proper traffic control and
painting or repainting all traffic legends on an
as requested basis or on an agreed upon
routine schedule as designated by the
AGENCY. Repainting shall be done in one
coat. New painting of traffic legends shall be
done with two coats of paint which
application shall be separated by a minimum
of seven calendar days. All paint is water-
based paint and shall be reflectorized.
Square
Feet
Minimum
Qty:
950 LF
$1.63
Removal of
Markings or
Striping (035)
OC O&M will accomplish this task by
utilizing OC O&M crews and/or our
contracted provider for water
blasting/sandblasting services.
The work includes the temporary painting
over traffic markings or lane striping on the
traveled portion of the roadway to temporarily
remove markings and/or lane striping that are
to be moved or eliminated followed by
permanent removal by wet sandblasting or
water blasting. The job and work will follow
identified job standards, specifications, and
industry requirements.
Crew
Hours
Minimum
Qty:
4 hours
$126.37
Curb Paint (056) COUNTY will accomplish this task by
utilizing COUNTY crews.
The work includes the painting of curbs with
various colors to enforce parking regulations
on an as requested basis or on an agreed upon
routine schedule as designated by the
AGENCY. The curb surface shall be prepared
by cleaning or scraping prior to applying
paint. The application of appropriate curb
paint shall be done with rollers or airless paint
spray equipment. The job and work will
follow identified job standards, specifications,
and industry requirements. All curb paint
utilized is water-based paint.
Linear
Feet
Minimum
Qty:
1,200 LF
$1.57
Pavement Markers
(037)
OC O&M will accomplish this task by
utilizing OC O&M crews.
The work includes the installation and
replacement of raised pavement markers on
new and existing delineated roadways. OC
O&M shall install new raised pavement
markers after roadway repairs or to replace
worn out markers as requested by the
AGENCY. The job and work shall follow
identified job standards, specifications, and
industry requirements.
Each
Marker
Minimum
Qty:
500
markers
$24.00
Sign Post
Installation and
Replacement (031)
OC O&M will accomplish this task by
utilizing OC O&M crews.
The work includes the procurement,
installation and replacement of posts for both
standard and custom street signs. Installation
Each
$48.89
and replacement include the disposal and
recycling of post materials. Minimum
Qty:
10 each
Supply Standard
Traffic Signs For
Installation (030)
OC O&M will accomplish this task by
utilizing the OC O&M sign fabricator or our
contracted providers. OC O&M will evaluate
the AGENCY’s request and conduct a cost
analysis to complete the task utilizing the
most cost-effective method.
The work includes the procurement of
standard California MUTCD traffic signs,
street name signs, and guide markers. Signs
supplied for installation shall utilize the
highest grade of materials available on the
market including aluminum based signs with
high reflective sheeting.
Each
Minimum
Qty:
10 each
$71.00
Remove and
Replace Standard
Traffic sign (031)
COUNTY will accomplish this task by
utilizing COUNTY crews.
The work includes the removal and
replacement of standard street signs. Removal
and replacement includes the installation of a
sign and proper disposal and recycling of
materials. The signs shall be installed in
accordance with the regular schedule of
activities. The job and work shall follow
identified job standards, specifications, and
industry requirements.
Each
Minimum
Qty:
10 each
$48.89 Supply Custom
Traffic Signs For
Installation (032)
OC O&M will accomplish this task by
utilizing the OC O&M sign fabricator or our
contracted providers. OC O&M will evaluate
the various AGENCY’S request and conduct
a cost analysis to complete the task utilizing
the most cost-effective method.
The work includes the procurement of custom
traffic signs, street name signs, and guide
markers. Signs supplied for installation shall
utilize the highest grade of materials available
on the market including aluminum-based
signs with high reflective sheeting.
Time &
Materials
Time &
Materials
Remove and
Replace Custom
Traffic Signs (032)
OC O&M will accomplish this task by
utilizing OC O&M crews.
The work includes the removal and
replacement of custom street signs. Removal
Time &
Materials
Time &
Materials
and replacement includes the installation of a
sign and proper disposal and recycling of
materials. The signs shall be installed in
accordance with the regular schedule of
activities. The job and work shall follow
identified job standards, specifications, and
industry requirements.
Guardrail Repair
(033)
COUNTY will accomplish this task by
utilizing COUNTY crews or via our
contracted providers.
The work includes the temporary repair
response, installation and final repair of
structurally damaged guard or bridge rail
sections and posts to prevent vehicle access.
The job and work shall follow identified job
standards, specifications, and industry
requirements.
Linear
Feet
Minimum
Qty:
20 LF
$147.69
Storm Patrol
Response
OC O&M will accomplish this task by
utilizing OC O&M crews as available at the
time of the request by the AGENCY. OC
O&M cannot provide any guarantee to the
availability of staff or their knowledge of the
AGENCY’s hot spot locations at the time
services are requested.
The work includes storm patrol inspections
and responders to inspect storm drains,
photograph findings, and evaluate and
perform maintenance/cleaning of drain inlets
that are not operational during a storm event
as requested by the AGENCY. Equipment
may include the possible need for a crane,
vehicles for inspectors and responders,
hand/power equipment. and various materials.
This is an on-call emergency activity that may
occur during the daytime or nighttime.
Time &
Materials
Time &
Materials
Emergency Repairs COUNTY will accomplish this task by
utilizing COUNTY crews and/or our
contracted providers, to accomplish the
emergency repairs as requested by the
AGENCY, depending on availability of staff
and/or contracted services at the time services
are requested.
The work includes all equipment including
vehicles for inspector and responders, hand
equipment and materials necessary to perform
Time &
Materials
Time &
Materials
emergency repairs. The job and work shall
follow identified job standards, specifications,
and industry requirements. This is an on-call
emergency activity that may occur during the
daytime or nighttime.
Clean Drains – Vac
Truck (070)
OC O&M will accomplish this task by
utilizing OC O&M crews or via our
contracted provider.
The work includes the cleaning of drains,
catch basins, drainage inlets, pipes, down
drains and storm drainage lines with a vacuum
truck to insure the drainage system is
functioning at full capacity. This work task
shall not be utilized unless it is demonstrated
to the AGENCY’S satisfaction that the
“Clean/inspect Drains – Manual”” was unable
to satisfactorily complete the work. The job
and work shall follow identified job standards,
specifications, and industry requirements.
Each
Minimum
Qty:
6 each
$684.56
Clean/Inspect
Drains – Manual
(071)
OC O&M will accomplish this task by
utilizing our contracted providers.
The work includes the inspection and manual
cleaning of drains, catch basins, inlets, grates,
screens, inserts, pipes, down drains, and storm
drainage lines to insure the drainage system is
functioning at full capacity as requested by
AGENCY. The job and work shall follow
identified job standards, specifications, and
industry requirements.
Each
Drain
Minimum
Qty:
50 each
$49.19
Drain Stencil (072)
OC O&M will accomplish this task.
The work includes the maintenance of storm
drain stencils/plaques throughout the
AGENCY to provide public awareness
about storm water. The drainage inlet curb
surface will be prepared by cleaning,
scraping, or washing prior to application of
stencil. Appropriate curb markers will be
installed using adhesive or by painting the
stencil.
Each
Drain
Minimum
Qty:
50 each
$35.43
Clean Dissipaters
(076)
OC O&M will accomplish this task by
utilizing OC O&M crews or our contracted
provider.
Time &
Materials
Time &
Materials
The work includes the removal of trash and
debris from storm drain dissipaters as
requested by AGENCY. This item includes
labor, haul away and disposal of all debris.
Manual Inspection
of Underground
Storm Drains (420)
OC O&M will accomplish this task by
utilizing our contracted providers.
The work includes a crawling or walking
inspection of underground storm drain
facilities of 36” or greater in diameter or
dimension for general conditions of facility,
structural soundness, construction defects,
blockages, illicit connections, and general
acceptability for AGENCY’s acceptance and
maintenance. Re-inspection is done as
required until deficiencies have been repaired.
The job and work shall follow identified job
standards, specifications, and industry and
regulatory safety requirements.
Linear
Feet
Minimum
Qty:
350 LF
$2.95
Electronic
Video/Camera
Inspection of
Underground
Storm Drains (436)
OC O&M will accomplish this task by
utilizing our contracted providers.
The work includes electronic/video
inspections of storm drains less than 36”
diameter or dimension for general conditions
of facility, structural soundness, construction
defects, blockages, illicit connections and
general acceptability for maintenance. The job
and work will follow identified job standards,
specifications, and industry requirements.
Linear
Feet
Minimum
Qty:
350 LF
$2.95
Removal of Paint
or Material Spills
(179)
OC O&M will accomplish this task by
utilizing OC O&M crews and/or with our
contracted provider s for sandblasting
services.
The work includes providing wet
sandblasting, water blasting, or other removal
methods of paint or material spills including
all traffic control, street sweeping, and clean-
up. The job and work shall follow identified
job standards, specifications, and industry
requirements.
Time &
Materials
Time &
Materials
Graffiti
Removal/Paint
Cover Up (184R)
OC O&M will accomplish this task by
utilizing OC O&M crews or via our
contracted provider. OC O&M will evaluate
the AGENCY’S request and conduct a cost
Square
Feet
$0.60
analysis to complete the task utilizing the
most cost-effective method.
The work includes all labor, materials,
equipment, vehicles, tools, chemicals and
supplies needed to remove/cover up graffiti on
various types of surfaces.
Minimum
Qty:
500 SF
Pressure Washing
(192)
OC O&M will accomplish this task by
utilizing OC O&M crews or via our
contracted provider. OC O&M will evaluate
the AGENCY’s request and conduct a cost
analysis to complete the task utilizing the
most cost-effective method.
This activity includes all labor, materials,
equipment, vehicles, tools, chemicals and
supplies. At the approval and direction of the
AGENCY, OC O&M will provide pressure
washing at the requested locations.
Square
Feet
Minimum
Qty:
500 SF
$4.44
Extra Work This includes a variety of work items.
COUNTY will perform extra work on a time
and materials basis as requested by the
AGENCY.
This activity includes repairs, maintenance,
installation or construction as requested by the
AGENCY.
Time &
Materials
Time &
Materials
CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/18/2025
DEPARTMENT: Community Development
SUBJECT:
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS
RECOMMENDED ACTION(S):
1) Find that the adoption of the proposed ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17. B.
2) Introduce for first reading an Ordinance Entitled: “AN 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:
In recent years, the California Legislature has enacted several bills limiting local authority over Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”). Two significant bills, Assembly Bill (“AB”) 2533 and Senate Bill (“SB”) 1211, took effect on January 1, 2025, prompting the City Council to adopt an urgency ordinance on January 7, 2025, to align local regulations with state law. This urgency ordinance ensures local control over ADU and JADU construction while a non-urgency ordinance undergoes review.
Provisions of AB 2533 include:
Expanding the prohibition on denying permits for unpermitted ADUs to include JADUs.
Moving the construction cutoff date for unpermitted units from January 1, 2018, to January 1, 2020.
Requiring local agencies to find that correcting violations is necessary to comply with Health and Safety Code section 17920.3.
Key changes introduced by SB 1211 include:
Prohibiting requiring replacement parking for demolished uncovered parking spaces converted to ADUs.
Defining "livable space" for multifamily ADUs and increasing the allowable number of detached ADUs in existing multifamily dwellings.
Additional updates include:
Removing the owner-occupancy requirement for ADUs but maintaining it for JADUs, with exceptions for properties owned by governmental agencies, land trusts, or housing organizations.
Prohibiting deed restrictions for ADUs but allowing them for JADUs, ensuring they cannot be sold separately from the primary dwelling.
The proposed ordinance will amend Lake Forest Municipal Code Section
9.146.050 to comply with recent changes to state law (Attachment 1). These amendments streamline the approval process for ADUs and JADUs, clarify zoning and occupancy requirements, and ensure compliance with state laws (Attachment 2).
On January 9, 2025, the Planning Commission held a public hearing to consider the non-urgency ordinance, which contains the same content as the urgency ordinance, and recommended its approval to the City Council (Attachment 3).
BACKGROUND:
In recent years, the California Legislature has approved, and the Governor has signed into law, bills that impose new limits on local authority to regulate ADUs and JADUs. Specifically, two new bills, AB 2533 and SB 1211, which took effect on January 1, 2025, further amend state ADU law as summarized in this report.
On January 7, 2025, the City Council adopted an urgency ordinance to amend the City’s local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law. The urgency ordinance was recommended because any local ordinance that did not conform to the changes to state ADU law would be rendered null and void as a matter of law on January 1, 2025. At that point, any applications for an ADU filed with the City while the ADU ordinance was out of conformance would only be held to state ADU requirements. To ensure the City maintained local control, the City Council implemented an urgency ordinance with the ADU updates while the non-urgency ordinance made its way from the Planning Commission to the City Council. This non-urgency ordinance makes the same changes to the City’s ADU ordinance. A redline of the ordinance amendments is provided as Attachment 2.
On January 9, 2025, the Planning Commission held a public hearing and considered the non-urgency ordinance. The Commission recommended that the City Council approve the non-urgency ordinance (Attachment 3).
DISCUSSION:
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 regulations require 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.
AB 2533 – Unpermitted ADUs and JADUs
Prior to January 1, 2025, state law generally prohibited 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.
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 and Multifamily ADUs
Replacement Parking - Prior to January 1, 2025, state law prohibited 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 an existing multifamily dwelling can have. State law previously allowed 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 is less.
SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have, the limit remains two.
Owner Occupancy of JADUs
This ordinance also includes prior state law updates to remove the existing 2025 sunset of the prohibition on owner-occupancy requirements and instead mandates no owner-occupancy requirement for ADUs (Gov. Code, § 66315).
The owner-occupancy requirement applies specifically to JADUs, meaning the property owner must reside on the property, either in the primary dwelling or the JADU, as their legal domicile and permanent residence. However, there is no owner-occupancy requirement for ADUs according to updated state law.
Additionally, the owner-occupancy requirement for JADUs does not apply if the property is entirely owned by a governmental agency, land trust, or housing organization.
Deed Restrictions
A local agency can no longer require a deed restriction for ADUs. However, the City may require the recordation of a deed restriction that includes only a prohibition on the sale of a JADU separate from the sale of the single-family residence.
Proposed Ordinance Revisions
In response to these changes in state law, the 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.
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 no fiscal impact associated with the recommended action.
ATTACHMENTS:
1. Proposed Ordinance
Exhibit A-1 Code Amendments
2. Redline Code Amendments
3. Planning Commission Resolution
Initiated By: 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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ORDINANCE NO. ________
AN 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, on January 7, 2025, the City Council adopted an urgency ordinance amending 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 ADUs and JADUs; and
WHEREAS, on January 9, 2025, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
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WHEREAS, on February 18, 2025, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
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. 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). Specifically, the Zoning Code Amendment implements the following General Plan implementation actions:
Goal 1: Adequate housing to meet the existing and future needs of Lake Forest residents.
Policy 1.1: Allow for the development of a variety of housing opportunities (ownership and rental) in Lake Forest including low-density single-family homes, moderate-density townhomes, higher-density apartments and multi-family projects, mixed-use development, accessory dwelling units, and mobile homes to fulfill regional housing needs.
Section 4. 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.
Section 5. Effective Date. This Ordinance shall become effective 30 days after the Council adopts this Ordinance.
Section 6. Publication. The City Clerk directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law. 55136.00000\42966067.1
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Section 7. 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 8. 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 February 2025 by the following vote, to wit:
SCOTT VOIGTS
MAYOR
ATTEST:
LISA BERGLUND
CITY CLERK
APPROVED AS TO FORM:
MATTHEW E. RICHARDSON
CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, 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 18th day of February 2025, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the Lake Forest City Council on the 4th day of March 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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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
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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.
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)(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:
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:
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3 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 Sections 66333 through 66339.
…
d. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot 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.
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.
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3 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 66341, 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.
8. Deed Restriction. Prior to issuance of a building permit for 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. …
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)(11) (“Passageway”) of this section, is required for an ADU.
4. Parking.
...
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3 c. No Replacement. When a garage, carport, 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 2020.
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, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards, or ii. The ADU or JADU does not comply with the state ADU or JADU law or this section.
b. Exceptions.
iii. 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, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
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ATTACHMENT 2
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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. 55136.00000\42872289.2
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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:
i. The ADU or JADU violates applicable building standards, or 55136.00000\42872289.2
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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.