AGENDA
LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, December 2, 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]
December 2, 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 yā oqiú tígōng kǒuyì fúwù. Xūyào zài yùdìng shì yìhuì huìyì zhīqián de zhōuyī shàngwǔ 8:00 Zh īqián shōu dào fānyì qǐngqiú. Cǐ lèi qǐngqiú bìxū tòuguò diànzǐ yóujiàn shōu dào: translat [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: Thy Merritt
PUBLIC SESSION: 6:30 p.m.
PUBLIC SESSION: At this time, the City Council will convene to consider public matters. Those wishing to address the City Council may submit a completed “Request to Speak” form to the City Clerk prior to City Council action.
INVOCATION: The Invocation will be provided by Chaplain Jim Davis, Orange County Sheriff’s Department.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by a Scout Troop.
REPORT FROM STUDENT LIAISON: Report from Ethan Barro, Student Liaison from El Toro High School.
PRESENTATIONS (Item Nos. 1 – 2)
December 2, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 2
1. 2025 HALLOWEEN HOUSE DECORATING CONTEST
RECOMMENDED ACTION: Recognize 2025 Halloween House Decorating Contest Winner Nadia Romero
2. RECOGNITION OF COMMUNITY HERO BRYON "BUBBA" WIGIERT
RECOMMENDED ACTION: Present a Certificate of Recognition.
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. 3 – 7)
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.
3. 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.
4. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 18, 2025
RECOMMENDED ACTION: Approve as submitted.
5. THIRD AMENDMENT TO AGREEMENT WITH LSA ASSOCIATES, INC.
FOR ENVIRONMENTAL CONSULTING SERVICES RELATED TO
ENVIRONMENTAL IMPACT REPORTS
December 2, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 3 RECOMMENDED ACTION: 1. Approve the Third Amendment to the Professional Services Agreement with LSA Associates, Inc. (“LSA”) for Environmental Consulting Services Related to Environmental Impact Reports (“EIRs”). 2. Authorize the Mayor to sign and the City Clerk to attest, the Third Amendment to the Professional Services Agreement with LSA substantially in the form attached. 3. Adopt a Resolution entitled:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2025-2027 OPERATING BUDGET;
AMENDING APPROPRIATIONS FOR FISCAL YEAR 2025-26.
6. AWARD OF CONTRACT FOR TRAFFIC ENGINEERING SERVICES
RECOMMENDED ACTION: 1. Award a contract with Hartzog & Crabill, Inc. in the amount of $748,800 for Traffic Engineering Services. 2. Authorize the Mayor to sign, and the City Clerk to attest to, the contract for Traffic Engineering Services, substantially in the form attached.
7. ACCEPTANCE OF TOLL BROTHERS IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT 19128
RECOMMENDED ACTION: 1. Accept as complete the tract improvements and monumentation constructed by Toll Brothers West Inc., a Delaware corporation, for Tract 19128. 2. Authorize the City Clerk to release the Subdivision Faithful Performance and Subdivision Labor and Materials Bonds, both in the amount of $535,206.17, and the Subdivision Improvement Monumentation Bond in the amount of $38,100. 3. Authorize the City Clerk to release the Subdivision Improvement Warranty Bond in the amount of $53,520.61 one year after acceptance of the public improvements for Tract 19128 with the concurrence of the Director of Public Works/City Engineer.
DISCUSSION/ACTION ITEMS (Item No. 8)
The following matters are for City Council consideration/discussion/action. Members of the public may have the opportunity to address these items if they wish to do so. Please complete the Request to Speak form and give to the City Clerk.
8. URGENCY ORDINANCE AMENDING LAKE FOREST MUNICIPAL CODE SECTION 9.146.050 RELATING TO ACCESSORY DWELLING UNITS
December 2, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 4 RECOMMENDED ACTION: 1. Find that the adoption of the proposed urgency ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code § 21080.17. 2. Waive full reading and adopt by title only an urgency ordinance entitled: “AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST AMENDING SECTION 9.146.050 OF
THE LAKE FOREST MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO
COMPLY WITH RECENT CHANGES IN STATE LAW, 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.
CITY COUNCIL COMMENTS
At this time, City Council Members may comment on agenda or non-agenda matters. No discussion may take place on any item not appearing on the posted agenda. Council Members may ask a question for clarification, respond to statements made or questions posed by the public, make a brief announcement, or make a brief report on his or her own activities. In addition, the City Council may refer to staff or other resources for factual information, request staff to report back at a subsequent meeting or direct staff to place a matter of business on a future agenda. No action may be taken on non-agenda matters unless authorized by law (Government Code Section 54954.2).
Council Member Cirbo:
Council Member Tettemer:
Council Member Yu:
Mayor Pro Tem Pequeño:
Mayor Voigts:
December 2, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 5
ADJOURNMENT
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this Meeting, including auxiliary aids or services, you should contact the Office of the City Clerk at (949) 461-3400.
Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and agenda back-up materials can be obtained from the Office of the City Clerk on the Friday prior to the City Council meeting. Copies of all Agendas, Staff Reports and Supporting Materials can also be found on the City’s website – https://www.lakeforestca.gov/129/Agendas.
Agenda and agenda packets, if requested, will be made available in an appropriate alternative format to persons with a disability as required by the Americans With Disabilities Act. Copies of the agenda are provided at no cost and agenda back-up materials are available at the per page copy cost.
The City of Lake Forest mailing address is City Council Chambers, 100 Civic Center Drive, Lake Forest, California.
Phone: (949) 461-3400. FAX (949) 461-3511
CERTIFICATION: I, Thy Merritt, City Clerk of the City of Lake Forest, California, hereby certify that the foregoing agenda was posted for public review at City Hall on November 25, 2025.
Thy Merritt
City Clerk
December 2, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 6
CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/2/2025
DEPARTMENT: Management Services
SUBJECT:
2025 HALLOWEEN HOUSE DECORATING CONTEST
RECOMMENDED ACTION(S):
Recognize 2025 Halloween House Decorating Contest Winner Nadia Romero EXECUTIVE SUMMARY:
The City hosts an annual Halloween House Decorating Contest in which residents can post pictures of their own homes or a neighborhood home decorated for Halloween. The photos are shared on the City’s social media platforms, allowing others to view the homes and vote for their favorite. The City also creates an online map so residents can follow the route and visit the decorated homes in person.
This year’s contest drew nine entries, with Nadia Romero’s display on Lobo Drive taking top honors. Her home featured an impressive mix of witches, dragons, skeletons, a cemetery scene, and more, along with colorful lighting effects that brought the spooky setup to life.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
Halloween House Contest 2025 Winner Certificate
Initiated By: Erin Rodriguez, Sr. Communications and Marketing Analyst Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 1
7 ATTACHMENT
Item: 1
8 CERTIFICATE OF RECOGNITION
THE LAKE FOREST CITY COUNCIL
HEREBY RECOGNIZES
Nadia Romero
The City Council and City of Lake Forest
would like to congratulate you on winning the
2025 Halloween Haunted House Contest.
December 2, 2025
________________________
SCOTT VOIGTS
MAYOR
________________________
ROBERT PEQUEÑO
MAYOR PRO TEM
_________________________
MARK TETTEMER
COUNCIL MEMBER
________________________
DOUG CIRBO
COUNCIL MEMBER
________________________
BENJAMIN YU
COUNCIL MEMBER
Item: 1
9 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/2/2025
DEPARTMENT: Management Services
SUBJECT:
RECOGNITION OF COMMUNITY HERO BRYON "BUBBA" WIGIERT
RECOMMENDED ACTION(S):
Present a Certificate of Recognition.
EXECUTIVE SUMMARY:
Bryon “Bubba” Wigiert, a Lake Forest resident, demonstrated exceptional bravery when he noticed smoke coming from a mobile home on Arnold Way while driving to work in the early morning hours of August 27, 2025. Realizing the home was on fire, he immediately stopped, pounded on the door to alert the residents, called 911, and rushed inside to ensure everyone was safely evacuated. Thanks to his quick action and the prompt response of the Orange County Fire Authority, no lives were lost, and neighboring homes were not damaged.
Staff recommend the City Council present a Certificate of Recognition to Community Hero Bryon Wigiert for his lifesaving actions and for exemplifying the courage, compassion, and commitment to others that strengthen the Lake Forest community.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
Certificate of Recognition-Bryon Wigiert
Initiated By: Erin Rodriguez, Sr. Communications and Marketing Analyst Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 2
10 ATTACHMENT
Item: 2
11 CERTIFICATE OF RECOGNITION
THE LAKE FOREST CITY COUNCIL
HEREBY RECOGNIZES
Bryon “Bubba” Wigiert
The City Council and City of Lake Forest would like to thank you for your lifesaving actions and service to the community.
December 2, 2025
________________________
SCOTT VOIGTS
MAYOR
________________________
ROBERT PEQUEÑO
MAYOR PRO TEM
_________________________
MARK TETTEMER
COUNCIL MEMBER
________________________
DOUG CIRBO
COUNCIL MEMBER
________________________
BENJAMIN YU
COUNCIL MEMBER
Item: 2
12 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/2/2025
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: Thy Merritt, City Clerk
Approved By: Debra Rose, City Manager
14 Item: 3
13 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, November 18, 2025, at the Lake Forest City Council Chambers, 100 Civic Center Drive, Lake Forest, California, was called to order at 6:30 p.m. with all members present.
ROLL CALL:
Council Members:
Doug Cirbo
Mark Tettemer
Benjamin Yu
Mayor Pro Tem: Robert Pequeño
Mayor: Scott Voigts
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Thy Merritt
INVOCATION: The Invocation was provided by Chaplain Ken Krikac, Orange County Fire Authority.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Daisy Troop #4457.
PRESENTATIONS: (Item Nos. 1 – 3)
MOTION: It was moved by Council Member Yu, seconded by Mayor Pro Tem Pequeño, to approve Presentation Item Nos. 1 – 3. The motion was carried by a vote of 5-0.
1. RECOGNITION OF LAKE FOREST BUSINESSES NAMED IN THE ORANGE COUNTY REGISTER'S "BEST OF OC" AWARD PROGRAM
City Manager Rose introduced this item and invited Management Assistant Hairrell to provide a presentation. No public comment was offered.
ACTION: The Lake Forest award winners of the "Best of OC" 2025 were recognized.
2. COMMUNITY EMERGENCY RESPONSE TEAM PROGRAM
City Manager Rose introduced this item and invited Administrative Services Manager De La Paz to provide a presentation. No public comment was offered.
ACTION: Certificates of Completion were presented to the graduates of the Community Emergency Response Team Program and Certificates of Item: 4
14 November 18, 2025 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 5 Participation to the volunteers in the disaster simulation exercise.
3. VETERANS PARK BRICK PROGRAM
City Manager Rose introduced this item and invited Management Assistant Samantha to provide a presentation. No public comment was offered.
ACTION: The presentation was received and filed.
PUBLIC COMMENTS:
Brian McMillan expressed his concerns with businesses operating without proper licensing.
CONSENT CALENDAR: (Item Nos. 4 – 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 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 Council Member Yu, seconded by Mayor Pro Tem Pequeño, to approve Consent Calendar Item Nos. 4 – 7. The motion was carried by a vote of 5-0.
4. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES ACTION: Said Ordinances and Resolutions which appeared on the public agenda were determined to have been read by title and further reading was waived.
5. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 4, 2025
ACTION: The minutes were approved as submitted.
6. CERTIFICATION OF WARRANT REGISTER
ACTION: The warrant register in the amount of $7,110,600.33 was approved.
7. ACCEPTANCE OF LENNAR HOMES IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT 18188
ACTION: 1. The tract improvements and monumentation constructed by Lennar Homes of California, Inc., A California Corporation, for Tract 18188 were Item: 4
15 November 18, 2025 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 5 accepted as complete. 2. The City Clerk was authorized to release the Subdivision Faithful Performance and Subdivision Labor and Materials Bonds, both in the amount of $612,450 for the tract civil improvements, the Subdivision Faithful Performance and Subdivision Labor and Materials Bonds both in the amount of $1,301,339.93 for the front yard landscaping and irrigation improvements, and the Subdivision Improvement Monumentation Bond in the amount of $22,000. 3. The City Clerk was authorized to release the Subdivision Improvement Warranty. Bond in the amount of $61,245 for the tract civil improvements and the Subdivision Improvement Warranty Bond in the amount of $130,134 for the front yard landscaping and irrigation improvements one year after acceptance of the public improvements for Tract 18188 with the concurrence of the Director of Public Works/City Engineer.
PUBLIC HEARING(S): (Item No. 8)
8. ADOPTION OF THE 2025 CALIFORNIA BUILDING STANDARDS CODE WITH
LOCAL AMENDMENTS
Mayor Voigts opened the public hearing. City Manager Rose introduced this item and invited Senior Planner Santos to provide a presentation. No public comment was offered. Council questions were asked and answered. Mayor Voigts closed the public hearing.
MOTION: It was moved by Mayor Pro Tem Pequeño, seconded by Council Members Yu and Tettemer, to: 1. Conduct public hearing and second reading of Ordinance No. 382 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST CALIFORNIA, REPEALING ORDINANCE NO. 360, AMENDING CHAPTERS 8.02, 8.06, 8.08, 8.14, 8.16, 8.20, 8.22, AND 8.24, AND REPEALING CHAPTER 8.04, OF THE LAKE FOREST MUNICIPAL CODE, AND ADOPTING BY REFERENCE THE 2025 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24), TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS, AND DELETIONS. 2. Find that adoption of Ordinance No. 382 is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 3. Adopt Ordinance No. 382. The motion was carried by a vote of 5-0.
DISCUSSION/ACTION ITEMS: (Item No. 9)
Item: 4
16 November 18, 2025 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 5
9. COOPERATIVE AGREEMENTS WITH CITY OF IRVINE FOR LAKE FOREST
TRANSPORTATION MITIGATION PROGRAM AND NORTH IRVINE
TRANSPORTATION PROGRAM PROJECTS
City Manager Rose introduced this item and invited Traffic Engineering Manager Tran to provide a presentation. No public comment was offered. Council questions were asked and answered.
MOTION: It was moved by Council Member Yu, seconded by Mayor Voigts, to:
1. Approve the Cooperative Agreement with the City of Irvine finalizing the Lake Forest Transportation Mitigation Program and North Irvine Transportation Mitigation Program fair-share contributions and closing out the shared intersection improvement projects. 2. Authorize the Mayor to sign, and the City Clerk to attest, the Cooperative Agreement with the City of Irvine, substantially in the form attached. 3. Adopt a Resolution entitled: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING 2025-2027 OPERATING BUDGET; AMENDING REVENUE ESTIMATES FOR FISCAL YEAR 2025-26. The motion was carried by a vote of 5-0.
CITY MANAGER'S REPORT: City Manager Rose had nothing further to report.
CITY COUNCIL COMMENTS:
Council Member Cirbo: Council Member Cirbo reported on his attendance at the Veteran’s Park Brick Program unveiling and
recognized staff for all their hard work.
Council Member Tettemer: Council Member Tettemer reported on his attendance at the Veteran’s Day Program at El Toro Memorial
Park, the Veteran’s Park Brick Program unveiling, the
Chamber of Commerce Business Appreciation
luncheon, and the grand openings of the Foothill
Ranch Goodwill store and Lamppost Pizza & Brewery.
Council Member Yu: Council Member Yu reported on his attendance at the Veteran’s Park Brick Program unveiling.
Mayor Pro Tem Pequeño: Mayor Pro Tem Pequeño reported on his attendance at the Chamber of Commerce Coffee Chat, the
Chamber of Commerce Business Appreciation
luncheon, the grand openings of the Foothill Ranch
Goodwill store and Lamppost Pizza & Brewery, a
Zoom call with Gates Elementary School, a tour of the
new South County Outreach facility, a Prothero Mobile
Homes Estate HOA meeting, a Bulk Item Pick-Up
Item: 4
17 November 18, 2025 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 5 of 5 event, a Thanksgiving dinner hosted by the Pacifica
Institute, and reminded everyone to sign up for the Elf Yourself 5k event. He thanked Communications and
Marketing Manager Volzke for his service to the City.
Mayor Voigts: Mayor Voigts reported on his attendance at the Chamber of Commerce Business Appreciation
luncheon, the Veteran’s Day Program at El Toro
Memorial Park, an HOA luncheon, the grand openings
of the Foothill Ranch Goodwill store and Lamppost
Pizza & Brewery, and a Thanksgiving dinner hosted
by the Pacifica Institute. He wished everyone a Happy
Thanksgiving.
ADJOURNMENT: The Regular Meeting of the City Council was adjourned at 7:35 p.m.
Respectfully submitted:
APPROVED:
THY MERRITT SCOTT VOIGTS
CITY CLERK MAYOR
Item: 4
18 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/02/2025
DEPARTMENT: Community Development
SUBJECT:
THIRD AMENDMENT TO AGREEMENT WITH LSA ASSOCIATES, INC. FOR
ENVIRONMENTAL CONSULTING SERVICES RELATED TO
ENVIRONMENTAL IMPACT REPORTS
RECOMMENDED ACTION(S):
1. Approve the Third Amendment to the Professional Services Agreement with LSA Associates, Inc. (“LSA”) for Environmental Consulting Services Related to Environmental Impact Reports (“EIRs”)
2. Authorize the Mayor to sign and the City Clerk to attest, the Third Amendment to the Professional Services Agreement with LSA substantially in the form attached.
3. Adopt a Resolution entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2025-2027 OPERATING BUDGET; AMENDING APPROPRIATIONS FOR FISCAL
YEAR 2025-26
EXECUTIVE SUMMARY:
In 2021, IPT Enterprise Business Center, LLC (“IPT”) and Western Realco, submitted entitlement applications for industrial redevelopment projects along Enterprise Way. IPT submitted one project and Western Realco submitted two project sites, all involving demolition of existing buildings and construction of new industrial buildings.
To comply with the California Environmental Quality Act (“CEQA”), the City utilized a Professional On-Call Services Agreement with LSA Associates, Inc., (“LSA”) for environmental consulting services. LSA originally prepared an Initial Study (“IS”) anticipating one Mitigated Negative Declaration (“MND”) for the IPT project, a separate MND for Western Realco Site 1, and one categorical exemption for Western Realco Site 2. In September 2023, following the release of the IPT environmental documents for public review, the City received 68 comment letters raising concerns regarding project-specific and cumulative impacts. In response, the City determined that preparation of Environmental Impact Reports (“EIRs”) was warranted for the projects.
Item: 5
19 3
7 9
2 On February 13, 2024, the City Council awarded a three-year Professional Services Agreement (“Agreement”) to LSA with a total not-to-exceed compensation amount of $873,540.88 to prepare two EIRs, with all consultant costs fully reimbursable by the project applicants (Attachment 1).
As the IPT project advanced ahead of Western Realco, IPT temporarily paused environmental review and requested revisions to the plans. Additional analyses were required to address project changes and technical refinements, including noise, traffic, and site plan updates. To accommodate this work and update the project schedule, the City Manager, under existing Purchasing Guidelines authority, approved a First Amendment to the Agreement (“First Agreement”) (Attachment 2) and a Second Amendment to the Agreement (“Second Amendment”) (Attachment 3), as summarized below in Table 1.
Table 1: Agreement and Amendment History (IPT/Western Realco EIRs) Action/
Attachment
Date Description Not-to-Exceed
Amount
Original
Agreement
(Attachment 1)
Feb 13, 2024 Council-approved
Agreement for IPT and
Western Realco EIRs
$873,540.88
First
Amendment
(Attachment 2)
May 6, 2025 City Manager approved
+$25,620 (2.9%) in
compensation for IPT EIR;
schedule updated
$899,160.88
Second
Amendment
(Attachment 3)
Sept 22, 2025 City Manager approved
+$16,430 (1.9%) in
compensation for IPT EIR;
schedule updated
$915,590.88
For the Western Realco EIR, City Attorney and staff review—along with recent CEQA case law and similar examples—identified the need for the document to clearly evaluate Western Realco Site 1 and Site 2 individually, as a combined project, and in the context of cumulative impacts. To address this, the proposed Third Amendment to the Professional Services Agreement with LSA (“Third Amendment”) (Attachment 4) would refine the EIR scope to add combined technical analysis for Sites 1 and 2, update modeling and traffic scenarios, consolidate and align mitigation measures, and standardize project definitions and terminology across all EIR sections. The Western Realco Final EIR is planned for distribution by the end of June 2026, followed by a Planning Commission public hearing.
Item: 5
20 3
7 9
2 The Third Amendment would increase compensation by $63,764, resulting in a not-to-exceed contract amount of $979,354.88. LSA will continue to perform services on an hourly basis under the existing Agreement.
To maintain adequate budget authority and ensure consistency with the adopted 2025–2027 Operating Budget, staff also recommends approval of the attached budget Resolution (Attachment 5), which would appropriate $80,194 in General Fund expenditures, fully offset by $92,223 in applicant revenue.
The proposed Third Amendment was prepared by the Community Development Department and was reviewed and approved as to form by the City Attorney.
BACKGROUND:
In June and July 2021, two applicants, IPT and Western Realco, submitted three entitlement applications for three separate industrial redevelopment projects along Enterprise Way, east of Dimension Drive and south of Bake Parkway:
1.IPT Enterprise Business Center, LLC Project at 26200 Enterprise Way (Site #3 in Figure 1),
2.Western Realco Project 1 at 26110, 26140, and 26160 Enterprise Way (Site #1 in Figure 1)
3.Western Realco Project 2 at 26250 Enterprise Way
(Site #2 in Figure 1)
Item: 5
21 3
7 9
2 Figure 1: Map Illustrating Project Sites
Together, the applications include the demolition of the existing buildings and construction of new industrial buildings for future manufacturing and warehouse uses within the Light Industrial zoning district of the Pacific Commercentre Planned Community.
In accordance with the City’s request for proposal (“RFP”) procurement process, the City entered into a professional consulting services agreement on October 19, 2021, with LSA for CEQA services. The applications for the three project sites were processed, and an Initial Study (“IS”) for environmental review was prepared with the anticipation of Mitigated Negative Declarations (“MNDs”) for two of the projects and a categorical exemption for the third.
On September 5, 2023, the City released an Initial Study/Mitigated Negative Declaration (“IS/MND”) for a 30-day public review period for the 26200 Enterprise Way project (Site 3). Staff received 68 comment letters, nearly all expressing concerns with the project and/or the CEQA document, including potential cumulative impacts of the IPT project combined with the other two industrial projects in the area. Based on the comments received, the City concluded that an Environmental Impact Report (“EIR”) was warranted and staff directed LSA to prepare a scope of work for the preparation of two EIRs. On February 13, 2024, the City Council awarded an Agreement to LSA with a total not-to-exceed compensation amount of $873,540.88 to provide Environmental Consulting Item: 5
22 3
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2 Services related to the preparation of two separate EIRs, expiring February 5, 2027 (“Agreement”). All consultant costs are fully reimbursable by IPT and Western Realco through reimbursement agreements.
As the IPT project moved forward in advance of Western Realco (due in part to Western Realco’s plan revisions modifying one building to two separate buildings on Site 1), subsequent budget adjustments and schedule refinements were needed for the IPT EIR only. By March 2025, LSA had completed technical studies and a Screencheck Draft EIR for IPT. However, additional revisions requested by IPT and the City (including noise updates, project plan revisions, traffic impact adjustments, and related research) required contract amendments to ensure adequate project management for the remaining environmental analysis.
Under the City’s Purchasing Guidelines, the City Manager may approve amendments to an agreement greater than $50,000 if the aggregate of additional compensation does not exceed 10% of the original contract amount (10% of $873,540.88, or $87,354.09). Within this authority, the City Manager approved a First Amendment to the Agreement (Attachment 2) and a Second Amendment to the Agreement (Attachment 3), as summarized below in Table 2.
Table 2: LSA Agreement Amendments
Action/
Attachment
Date Description Not-to-Exceed
Amount
First
Amendment
(Attachment 2)
May 6, 2025 City Manager approved
+$25,620 (2.9%) in
compensation for IPT EIR;
schedule updated
$899,160.88
Second
Amendment
(Attachment 3)
Sept 22, 2025 City Manager approved
+$16,430 (1.9%) in
compensation for IPT EIR;
schedule updated
$915,590.88
DISCUSSION:
Western Realco EIR
LSA initially scoped the projects under the Agreement in 2023. Western Realco’s projects are located on two sites, and the EIR Scope of Work was to analyze the two projects as separate projects within a single EIR, including cumulative effects. Subsequently, the City Attorney’s Office and staff determined that based on a detailed review, recent CEQA case law, and similar examples, an analysis should address: (1) each project individually, (2) the two projects combined, and Item: 5
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2 (3) cumulative impacts. Table 3 below summarizes the analysis framework, with the combined two-project analysis for Western Realco identified as the additional component addressed through the proposed Third Amendment.
Table 3: Summary of Required Analyses for IPT and Western Realco EIRs IPT EIR Western Realco EIR
Project site Site 1 Site 2
Individual analysis Individual analysis Individual analysis (NA) Two Projects Combined
Cumulative Cumulative
To support this, the proposed Third Amendment revises the technical scope, schedule, and compensation for LSA’s services associated with the Western Realco EIR, while also making minor contract administration updates to improve consistency between the Agreement and LSA’s invoices. The key changes are summarized below in Table 4.
Table 4: Summary of Proposed Third Amendment Changes
Category Summary of Changes
Scope Add combined analysis of Western Realco Site 1 and Site 2; revise air quality, Greenhouse Gases (“GHG”), energy, health risk, noise, and traffic reports; update modeling inputs and traffic scenarios; consolidate mitigation measures; and standardize project definitions and terminology (including replacing “Project 1/Project 2” with “Site 1/Site 2”) across all EIR sections, including alternatives, tables, figures, and exhibits.
Schedule Revise the schedule of services in Exhibit “B” to allow additional time for document revisions, applicant review, and holidays; update milestone dates for both IPT and Western Realco; and target distribution of the Western Realco Final EIR by the end of June 2026, followed by a Planning
Commission public hearing.
Compensation Increase LSA’s compensation by $63,764, for a revised Agreement not-to-exceed amount of $979,354.88; this
amount covers all LSA expenses and indirect charges for EIR preparation (excluding City Attorney and staff time).
Appropriation The proposed budget Resolution (Attachment 5) would appropriate $80,194 in expenditures to the General Fund, fully offset by $92,223 in applicant revenue, including the City’s 15% administrative fee and prior applicant
reimbursements. All consultant costs are fully reimbursable Item: 5
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2 Category Summary of Changes
Item: 5
25 3
7 9
2 Category Summary of Changes
through existing reimbursement agreements; upon approval, the City will revise the reimbursement agreement with IPT and confirm reimbursement terms with Western Realco so
that each applicant’s share reflects updated project costs.
Contract
Administration
Update Exhibit “C” so phase and task numbers and
descriptions align with LSA’s monthly invoice formatting, correcting prior discrepancies and improving clarity in billing and contract administration.
LSA will perform these services on an hourly basis in accordance with the existing Agreement. It is important to note that the Western Realco EIR follows closely after the IPT EIR preparation. Because of this sequencing, there are likely efficiencies and cost savings that have not yet been realized. For example, when the consultant prepares responses to public comments (a task that was extensive for the IPT project) the Western Realco project will benefit from that prior work. The anticipated efficiencies should help offset some of the financial impact of the amendment over the course of the project.
Vendor Assessment
Pursuant to the City’s Purchasing and Contracting Guidelines, staff completes a vendor performance assessment during a proposed agreement amendment. The assessment is used as a guide to determine whether a contract should be amended, renewed, or terminated based on performance in the following categories: performance of scope of services, timeliness, budget performance, and customer service. Utilizing the evaluation form, staff rates the consultant in each category as shown in Table 5.
Table 5: Vendor Performance Assessment
LSA Associates, Inc. – Performance Review
February 2024 – October 2025
Category Unsatisfied – Very Satisfied
Performance of Scope of Services ☐Unsatisfied ☐ Satisfied ☒ Very Satisfied ☐N/A Timeliness ☐Unsatisfied ☐ Satisfied ☒ Very Satisfied ☐N/A Budget Performance ☐Unsatisfied ☐Satisfied ☒ Very Satisfied ☐N/A Customer Service ☐Unsatisfied ☐Satisfied ☒ Very Satisfied ☐N/A Staff recommend approval of the proposed Third Amendment to the Agreement for professional environmental consulting services related to EIRs (Attachment 4). The Third Amendment was prepared by the Community Development Department and approved by the City Attorney as to form.
Item: 5
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2 Recommendation
The proposed Third Amendment provides for an increase in compensation of $63,764, establishing a new not-to-exceed contract amount of $979,354.88.
The 2025-2027 Operating Budget includes funds for the services related to the two applicants’ EIRs. To cover the costs of the proposed Third Amendment, staff recommends the City Council approve the attached budget Resolution appropriating $80,194 in General Fund expenditures, fully offset by $92,223 in applicant revenue, including the City’s administrative fee and prior amendment reimbursements.
FISCAL IMPACT:
Approval of the recommended actions increase the total compensation under the agreement to $979,354.88. The proposed budget resolution (Attachment 5) would appropriate $80,194 in General Fund expenditures, comprised of $63,764 for the proposed Third Amendment and $16,430 for the previously approved Second Amendment. These expenditures would be offset by $92,223 in applicant revenue, which includes reimbursement of direct consultant costs plus a 15% administrative fee. Approving the proposed budget resolution would ensure there are sufficient funds for the recommended action.
ATTACHMENTS:
1. Agreement with LSA Associates, Inc. (February 13, 2024)
2. First Amendment to Agreement with LSA Associates, Inc. (May 6, 2025)
3. Second Amendment to Agreement with LSA Associates, Inc. (September 22, 2025)
4. Third Amendment to Agreement with LSA Associates, Inc.
5. Resolution Appropriating $80,194 in Expenditures and $92,223 in Offset Revenue for Environmental Consulting Services Related to EIRs Initiated By: Arianna Young, Management Analyst
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
Item: 5
27 ATTACHMENT 1
ATTACHMENT 1
Item: 5
28 ENVIRONMENTAL CONSULTING SERVICES RELATED TO
ENVIRONMENTAL IMPACT REPORTS (EIRS)
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
ATTACHMENT 1
Item: 5
29 City of Lake Forest
undefined
Environmental Consulting Services Related to Environmental Impact Reports (EIRs)
I. PARTIES AND DATE. ..............................................................................
II. RECITALS. ..............................................................................................
III. TERMS. ..................................................................................................
IV. SIGNATURES. ........................................................................................
V. EXHIBIT "A" SCOPE OF SERVICES ...........................................................
VI. EXHIBIT "B" - SCHEDU LE OF SERVICES ..................................................
VII. EXHIBIT "C" - CO MPENSATION ..............................................................
VIII. EXHIBIT "D" - INSURA NCE REQUIREMENTS ...........................................
ATTACHMENT 1
Item: 5
30 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 3 1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California 92630 (“City”) and LSA Associates, Inc., a California Corporation, with its principal place of business at 3210 El Camino Real, Suite 100, Irvine, CA 92602 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
ATTACHMENT 1
Item: 5
31 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 4 2. RECITALS.
2.1. Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional Environmental Consulting Services Related to Environmental Impact Reports (EIRs) consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Environmental consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2. Project.
City desires to engage Consultant to render such professional Environmental Consulting Services Related to Environmental Impact Reports (EIRs) consulting services for the Environmental Consulting Services project ("Project") as set forth in this Agreement.
ATTACHMENT 1
Item: 5
32 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 5 3. TERMS.
3.1. Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Professional Consulting Services consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from February 6, 2024 to February 5, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms.
Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2. Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
ATTACHMENT 1
Item: 5
33 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 6 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Pam Reading, Environmental Planning Principal.
3.2.5 City's Representative. The City hereby designates Gayle Ackerman, Director of Community Development, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Pam Reading, Environmental Planning Principal, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its
ATTACHMENT 1
Item: 5
34 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 7 sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other
ATTACHMENT 1
Item: 5
35 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 8 municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in Section 3.2.12.2 of this Agreement, Consultant must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Lake Forest Local Implementation Plan (“LIP”) and the applicable Water Quality Management Plan (“WQMP”). The DAMP contains requirements related to design and construction of public projects. Consultant must be familiar the DAMP, and the LIP and comply with the requirements as specified therein.
A copy of the DAMP is available on the internet at:
http://www.ocwatersheds.com/documents/damp/mapplan
A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/296/Local-Implementation-Plan-LIP
3.2.12.4 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.12.2 and 3.2.12.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek dama ges from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement, or any other relevant water quality law, regulation, or policy. regulation, or policy.
ATTACHMENT 1
Item: 5
36 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 9 3.3. Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed EIGHT
HUNDERED SEVENTY-THREE THOUSAND FIVE HUNDERED FORTY DOLLARS AND EIGHTY-EIGHT CENTS ($873,540.88) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4. Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
ATTACHMENT 1
Item: 5
37 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 10 agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.5. Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6. General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: LSA Associates, Inc.
3210 El Camino Real, Suite 100
ATTACHMENT 1
Item: 5
38 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 11 Irvine, CA 92602
ATTN: Pam Reading, Environmental Planning Principal
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.2 Ownership of Materials and Confidentiality.
3.6.2.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5)
ATTACHMENT 1
Item: 5
39 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 12 working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non- appealable order by a court of competent jurisdiction requires that City release such information.
3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.6.5 Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
ATTACHMENT 1
Item: 5
40 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 13 3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant¬, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment
ATTACHMENT 1
Item: 5
41 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 14 because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7. Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
ATTACHMENT 1
Item: 5
42 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 15 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST LSA Associates, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]
Tony Petros, CEO
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
By: [VENDOR SIGNATURE 2]
Justin Cary
Chief Financial Officer (Corporation or LLC)
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
ATTACHMENT 1
Item: 5
43 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 16 5. EXHIBIT "A" SCOPE OF SERVICES
5.1. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES
Consultant shall provide the following Professional Consulting Services professional consulting services relative to the City's Environmental Consulting Services project.
EIR Scope of Work - (TWO EIRs)
TASK 1. INITIAL PROJECT SCOPING
x Attend project initiation meeting with City Staff.
x Develop project schedule.
TASK 2. SCOPING MEETING (2 separate meetings)
x Prepare presentation, sign-in sheet, and comment cards. x Conduct scoping meeting.
x Inventory comments received at scoping meeting.
TASK 3. ASSIST CITY IN COMPLIANCE WITH AB 52
x As necessary and applicable for Western Realco project.
TASK 4. NOTICE OF PREPARATION
x Provide staff with Word document of the two draft notice of preparations. We will not prepare an Initial Study for the Projects and will move directly to preparation of two separate EIRs x File two notice of preparations with the Orange County Clerk-Recorder’s office and the State Clearinghouse.
TASK 5. PREPARE EIRs
x Prepare any necessary technical studies and/or addendums to existing technical studies.1 x Draft two Environmental Impact Reports that fully comply with the California Environmental Quality Act (CEQA).
x Submit Word documents of the two Draft EIRs for review by the City. x Revise Draft EIRs based on City’s comments and provide revised draft documents. Assume three rounds of City review and comments per EIR.
x Submit electronic Word documents and PDF copies (including all appendices) of each final Draft EIR to the City.
1 Consultant will be responsible for ensuring consistency in methodology and applicable similar content between the two EIRs.
TASK 6. NOTICE OF COMPLETION
ATTACHMENT 1
Item: 5
44 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 17 x Provide staff with Word documents of the draft notice of completion for each EIR. x File two notice of completions with Orange County Clerk-Recorder’s office and the State Clearinghouse.
TASK 7. FINAL EIRs
x For each of the two EIRs, prepare responses to comments received that address environmental issues, prepare mitigation and monitoring plan, and revise Draft EIRs as needed. x Submit Word documents of the two Final EIRs and any revisions to the Draft EIRs for review by the City.
x Revise the two Final EIRs and any revisions to the Draft EIRs based on City comments and provide revised draft documents. Assume two rounds of City review and comments for each. x Submit a Word document and PDF copies (including all Appendices) of the two EIRs to the City. x Submit two hard copies of each EIR.
x Provide draft CEQA findings, including statement of overriding considerations (if applicable) for each EIR.
TASK 8. PLANNING COMMISSION
x Attend up to two Planning Commission meetings and answer all environmental related questions.
TASK 9. CITY COUNCIL (if appealed or overriding considerations) x Attend up to two City Council meetings and answer all environmental- related questions.
TASK 10. NOTICE OF DETERMINATION
x Provide staff with Word documents of each draft notice of determination. x File two notice of determinations with the Orange County Clerk Recorder’s office and the State Clearinghouse.
TASK 11. COORDINATION WITH STAFF
x Participate in phone calls and virtual meetings with City Staff. Assume one (one-hour) call/meeting per week.
TASK 12. PUBLIC WORKSHOP
x At the City’s option, participate in one public workshop.
Consultant’s Additional Roles and Responsibilities
ATTACHMENT 1
Item: 5
45 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 18 Consultant will be expected to:
x Engage with the public, Planning Commissioners and/or City Councilmembers at public meetings and workshops, to ensure the community's concerns and feedback are incorporated into the EIR process and to answer technical questions.
x Analyze and evaluate project alternatives as required by CEQA, including a discussion of the "no project" alternative, and identify the criteria for evaluating alternatives. x Assess the cumulative environmental impacts, which includes considering the combined effects of the proposed project along with other past, present, and future projects. x Develop a comprehensive mitigation and monitoring plan for each project to address identified impacts and ensure compliance with CEQA.
x Involve and consider the input of stakeholders, regulatory agencies, and other relevant organizations in the EIR process, including consultations and coordination with external entities. x Manage and track the two EIR project schedules, including milestones, deadlines, and coordinate with City Staff and the project applicant.
x Establish procedures for budget management, cost reporting, monthly invoicing and payment schedules.
x Monthly invoicing shall be billed based on task completion. These shall be separated for each applicant/EIR as set forth in the spreadsheets of the proposals.
ASSUMPTIONS:
x Two EIRs will be prepared to analyze the following projects:
o One EIR will analyze the IPT Enterprise Business Center LLC Project at 26200 Enterprise Way o One EIR will analyze the two Western Realco Projects at 26110, 26140, and 26160 Enterprise Way and 26250 Enterprise Way as separate projects within a single EIR. x The IPT Enterprise Business Center LLC Project EIR and the Western Realco EIR will be prepared concurrently. The commencement of the preparation of each EIR will ultimately depend on receipt of completed Project Descriptions and Project Site Plans. x It is assumed that separate scoping meetings will be held for each EIR. x LSA will prepare two (2) sets of stand-alone technical reports. One set of technical reports will analyze the IPT Enterprise Business Center LLC Project. The other set of technical reports will analyze the two Western Realco projects independently, within the same technical report.
ATTACHMENT 1
Item: 5
46 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 19 x The two (2) sets of stand-alone technical reports will address the following topics: Air Quality/Greenhouse Gas/Energy Analysis, Health Risk Assessment, Noise and Vibration Analysis,and Traffic Impact Analysis. These technical reports will analyze each project individually as well as a cumulative scenario.
x LSA will prepare a Biological Resources Report and Cultural Resources Report for one of the two Western Realco project sites (26250 Enterprise Way).
x As part of the Traffic Impact Analysis, LSA will prepare a formal VMT analysis. The VMT analysis will include a comparison of the output/results of the LFTAM model, which is used by the City, with the output/results of the OCTAM model, which is used by LSA. x LSA will collect traffic counts and analyze geometric and traffic control data at no more than 5 locations to be used for both traffic reports (i.e., the one being prepared for the IPT Enterprise Business Center LLC Project and the one being prepared for the Western Realco projects). LSA assumes that data collection will occur immediately following notice to proceed, (early February 2024).
x No additional technical analysis, aside from the analyses listed above, will be prepared. x LSA will utilize the existing Biological Report, Cultural Report, Geotechnical Reports, Phase I ESA, Preliminary Hydrologic & Hydraulic Report, and the Preliminary Water Quality Management Plan for the IPT Enterprise Business Center LLC Project and the Western Realco Project at 26110, 26140, and 26160 Enterprise Way.
x LSA will utilize the existing Geotechnical Reports, Phase I ESA, Preliminary Hydrologic & Hydraulic Report, and the Preliminary Water Quality Management Plan for the Western Realco Project at 26250 Enterprise Way.
x LSA will assist the City with AB52 Consultation for the 26250 Enterprise Way Project as no AB52 Consultation has been completed for that project.
x The City will assist LSA with preparing a list of cumulative projects to be used in the EIR analyses. x The Draft EIRs will analyze a maximum of three project alternatives including the “no project” alternative.
x The EIR budgets include three rounds of City review prior to distribution of the Public Review Draft EIRs. LSA will respond to one set of non-conflicting comments from the City and its legal counsel per review cycle.
x All deliverables will be provided in Word and PDF format to the City. x The City will handle distribution of the Notices of Completion/Notices of Availability. x The City will prepare the EIR Findings and Statement of Overriding Considerations, if necessary.
ATTACHMENT 1
Item: 5
47 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 20 x The EIR budgets include two rounds of City review of the Final EIRs. LSA will respond to one set of non-conflicting comments from the City and its legal counsel per review cycle. x Two hard copies of the final EIRs will be provided to the City with technical appendices provided on a flash drive.
LSA recognizes the relationship of trust and confidence established between it and the City by this Agreement and guarantees to furnish its best skill and judgment and to deliver the highest quality work products at submittals of first drafts and all subsequent deliverables. LSA agrees to perform its services cost effectively (proposal Attachments C, D, E, F and G). All budgeted line items are not-to-exceed fees.
LSA shall develop and monitor an effective system of project cost control, recognizing that if fewer hours are expended than budgeted, LSA shall only invoice for actual time spent working on the project. The ultimate invoiced cost may therefore be less than the maximum contracted amount.
ATTACHMENT 1
Item: 5
48 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 21 6. EXHIBIT "B" - SCHEDULE OF SERVICES
6.1. EXHIBIT "B" - SCHEDULE OF SERVICES
PROPOSED ENVIRONMENTAL IMPACT REPORT SCHEDULE FOR THE IPT ENTERPRISE BUSINESS CENTER LLC PROJECT (26200 ENTERPRISE WAY) PHASE/TASK MILESTONE DATE for IPT
ENTERPRISE BUSINESS CENTER LLC
PROJECT DURATION
Phase 01: Project Initiation
1.1: Kick-Off Meeting Within 1 week from Notice to
Proceed (NTP anticipated February
13, 2024)
2/13/2024
1.1.1: Draft Project Description 2 weeks 2/27/2024
City Review of Draft Project
Description
1 week 3/5/2024
LSA Finalizes Project
Description
1 week 3/12/2024
1.2: Scoping Meeting/Comment
Inventory
--- ---
1.3: Prepare Notice of Preparation 1 week 3/19/2024
City Review of Notice of
Preparation
1 week 3/26/2024
LSA Finalizes Notice of
Preparation and Distribution to
Public
3 days 3/29/2024
Phase 02: Prepare Technical
Analyses (This phase will
commence after the Project
Description is finalized)
2.1: Air Quality/GHG/Energy
Analysis
4 weeks1 4/12/2024
City Review of Air
Quality/GHG/Energy Analysis
1 week 4/19/2024
LSA Finalizes Air
Quality/GHG/Energy Analysis
2 weeks 5/3/2024
2.2: Prepare Health Risk
Assessment (HRA)
4 weeks1 4/12/2024
City Review of Draft HRA 1 week 4/19/2024
LSA Finalizes HRA 2 weeks 5/3/2024
2.3: Assist City with AB 52
Compliance
--- ---
2.4: Prepare Noise and Vibration
Impact Analysis
4 weeks1 4/12/2024
City Review of Draft Noise and
Vibration Impact Analysis
Memorandum
1 week 4/19/2024
LSA Finalizes Noise and
Vibration Impact Analysis
Memorandum
2 weeks 5/3/2024
2.5: Prepare Traffic Impact Analysis
(TIA)
6 weeks2 4/26/2024
City Review of TIA 1 week 5/3/2024
LSA Finalizes TIA 2 weeks 5/17/2024
Phase 03: Prepare Draft
Environmental Impact Report (EIR)
ATTACHMENT 1
Item: 5
49 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 22 3.1: Prepare Administrative Draft
EIR (Partial Draft)
8 weeks3 6/21/2024
City Review of Administrative Draft
EIR
3 weeks 7/12/2024
3.2: Prepare Second Administrative
Draft EIR (Complete Draft)
6 weeks4 8/2/2024
City Review of Second
Administrative Draft EIR
2 weeks 8/16/2024
3.3: Prepare Screencheck Draft EIR 4 weeks 9/13/2024
City Review of Screencheck Draft EIR 2 weeks 9/27/2024
3.4: Prepare Public Review Draft
EIR
2 week 10/11/2024
3.5: Prepare and File Public Notices 1 week 10/18/2024
EIR Public Review Period 6 weeks (45 days) 12/2/2024
Phase 04: Preparation of Final EIR
4.1: Prepare Administrative Draft
Final EIR, including RTC and MMRP
4 weeks 1/8/2025
City Review of Administrative Draft
Final EIR, including RTC and MMRP
3 weeks 1/29/2025
4.2: Prepare Draft Final EIR 3 weeks 2/19/2025
City Review of Draft Final EIR 2 weeks 3/5/2025
4.3: Prepare Final EIR 2 weeks 3/19/2025
City Review of Final EIR 1 week 3/26/2025
4.4: LSA Distribute Final EIR 2 weeks 4/9/2025
City Planning Commission Meeting 5/9/2025
City Council Meeting 6/18/2025
4.5: LSA Prepares and Files Notice
of Determination
2 days 6/20/2025
Phase 05: Project Management and
Meetings
5.1: Project Management Ongoing ---
5.2: Meeting Attendance Ongoing ---
5.2.1: Weekly City Coordination
Meetings
Ongoing ---
5.2.2: Public Workshop during
Public Review of EIR
TBD ---
5.2.3: Two City Planning
Commission Meetings
TBD ---
5.2.4: Two City Council Meetings TBD ---
1 From finalization of project description and receipt of the necessary traffic data associated with Task 2.5. 2 Following receipt of traffic counts and traffic volumes and/or studies for approved and/or pending projects (i.e., cumulative project list).
Assuming a start date of 3/12/2024.
3 From close of NOP process.
4 From completion of Partial Administrative Draft EIR.
PROPOSED ENVIRONMENTAL IMPACT REPORT SCHEDULE FOR THE WESTERN REALCO PROJECTS (26110, 26140, 26160, AND 26250 ENTERPRISE WAY)
PHASE/TASK MILESTONE DATE
for Western Realco
PROJECT
DURATION
Phase 01: Project Initiation
ATTACHMENT 1
Item: 5
50 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 23 1.1: Kick-Off Meeting Within 1 week from
Notice to Proceed (NTP
anticipated February 13,
2024)
2/13/2024
1.1.1: Draft Project Description 2 weeks 2/27/2024
City Review of Draft Project Description 1 week 3/5/2024 LSA Finalizes Project Description 1 week 3/12/2024
1.2: Scoping Meeting/Comment Inventory --- ---
1.3: Prepare Notice of Preparation 1 week 3/19/2024
City Review of Notice of Preparation 1 week 3/26/2024
LSA Finalizes Notice of Preparation and Distribution to Public 3 days 3/29/2024 Phase 02: Prepare Technical Analyses (This phase will commence after the Project Description is finalized)
2.1: Air Quality/GHG/Energy Analysis 4 weeks1 4/12/2024 City Review of Air Quality/GHG/Energy Analysis 1 week 4/19/2024 LSA Finalizes Air Quality/GHG/Energy Analysis 2 weeks 5/3/2024
2.2: Prepare Health Risk Assessment (HRA) 4 weeks1 4/12/2024 City Review of Draft HRA 1 week 4/19/2024
LSA Finalizes HRA 2 weeks 5/3/2024
2.3: Assist City with AB 52 Compliance --- ---
2.4: Prepare Noise and Vibration Impact Analysis 4 weeks1 4/12/2024 City Review of Draft Noise and Vibration Impact Analysis Memorandum 1 week 4/19/2024 LSA Finalizes Noise and Vibration Impact Analysis Memorandum 2 weeks 5/3/2024
2.5: Prepare Traffic Impact Analysis (TIA) 6 weeks2 4/26/2024 City Review of TIA 1 week 5/3/2024
LSA Finalizes TIA 2 weeks 5/17/2024
2.6: Prepare Biological Resources Report for 26250 Enterprise Way 4 weeks 4/12/2024 City Review of Biological Resources Report 1 week 4/19/2024 LSA Finalizes Biological Resources Report 1 week 5/3/2024
2.7: Prepare Cultural Resources Report for 26250 Enterprise Way 6 weeks 4/26/2024 City Review of Cultural Resources Report 1 week 5/3/2024 LSA Finalizes Cultural Resources Report 1 week 5/10/2024 Phase 03: Prepare Draft Environmental Impact Report (EIR)
3.1: Prepare Administrative Draft EIR (Partial Draft) 8 weeks3 6/21/2024 City Review of Administrative Draft EIR 3 weeks 7/12/2024
3.2: Prepare Second Administrative Draft EIR (Complete Draft) 8 weeks4 8/2/2024 City Review of Second Administrative Draft EIR 2 weeks 8/16/2024
3.3: Prepare Screencheck Draft EIR 4 weeks 9/13/2024
City Review of Screencheck Draft EIR 2 weeks 9/27/2024
3.4: Prepare Public Review Draft EIR 2 week 10/11/2024
3.5: Prepare and File Public Notices 1 week 10/18/2024
EIR Public Review Period 6 weeks (45 days) 12/2/2024
Phase 04: Preparation of Final EIR
4.1: Prepare Administrative Draft Final EIR, including RTC and MMRP 4 weeks 1/8/2025 City Review of Administrative Draft Final EIR, including RTC and MMRP 3 weeks 1/29/2025
4.2: Prepare Draft Final EIR 3 weeks 2/19/2025
City Review of Draft Final EIR 2 weeks 3/5/2025
4.3: Prepare Final EIR 2 weeks 3/19/2025
City Review of Final EIR 1 week 3/26/2025
4.4: LSA Distribute Final EIR 2 weeks 4/9/2025
City Planning Commission Meeting 5/9/2025
City Council Meeting 6/18/2025
4.5: LSA Prepares and Files Notice of Determination 2 days 6/20/2025 Phase 05: Project Management and Meetings
5.1: Project Management Ongoing ---
5.2: Meeting Attendance Ongoing ---
5.2.1: Weekly City Coordination Meetings Ongoing ---
5.2.2: Public Workshop during Public Review of EIR TBD ---
5.2.3: Two City Planning Commission Meetings TBD ---
5.2.4: Two City Council Meetings TBD ---
ATTACHMENT 1
Item: 5
51 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 24 1 From finalization of project description and receipt of the necessary traffic data associated with Task 2.5. 2 Following receipt of traffic counts and traffic volumes and/or studies for approved and/or pending projects (i.e., cumulative project list).
Assuming a start date of 3/12/2024.
3 From close of NOP process.
4 From completion of Partial Administrative Draft EIR.
ATTACHMENT 1
Item: 5
52 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 25 7. EXHIBIT "C" - COMPENSATION
7.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of EIGHT HUNDERED SEVENTY- THREE THOUSAND FIVE HUNDERED FORTY DOLLARS AND EIGHTY-EIGHT CENTS ($873,540.88).
PROPOSED TECHNICAL REPORTS BUDGET SPREADSHEET FOR
THE IPT ENTERPRISE BUSINESS CENTER LLC PROJECT (26200 ENTERPRISE WAY)
PROPOSED ENVIRONMENTAL IMPACT REPORT BUDGET SPREADSHEET FOR THE IPT ENTERPRISE BUSINESS CENTER LLC PROJECT (26200 ENTERPRISE WAY)
ATTACHMENT 1
Item: 5
53 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 26 PROPOSED TECHNICAL REPORTS BUDGET SPREADSHEET FOR THE WESTERN REALCO PROJECTS (26110, 26140, 26160, AND 26250 ENTERPRISE WAY)
ATTACHMENT 1
Item: 5
54 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 27 PROPOSED ENVIRONMENTAL IMPACT REPORT BUDGET SPREADSHEET FOR THE WESTERN REALCO PROJECTS (26110, 26140, 26160, AND 26250 ENTERPRISE WAY)
ATTACHMENT 1
Item: 5
55 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 28 In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim.
ATTACHMENT 1
Item: 5
56 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 29 8. EXHIBIT "D" - INSURANCE REQUIREMENTS
8.1. EXHIBIT "D" - INSURANCE REQUIREMENTS
1.1.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercia l General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance:
Automobile Liability Insurance with coverage at least
as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence.
(C) Workers’ Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
1.1.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
ATTACHMENT 1
Item: 5
57 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 30 (A) Commercial General Liability
(1) Additional Insured: The City, its offi cials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance po licies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance po licies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions):
(1) Cancellation: Required insurance po licies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers’ Compensation:
(1) Cancellation: Required insurance po licies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self- insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
1.1.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a
ATTACHMENT 1
Item: 5
58 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 31 loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
1.1.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
1.1.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
1.1.10 Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
1.1.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
1.1.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its
ATTACHMENT 1
Item: 5
59 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 32 officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
ATTACHMENT 1
Item: 5
60 $77$&+0(17
$77$&+0(17
Item: 5
61 ENVIRONMENTAL CONSULTING SERVICES RELATED TO
ENVIRONMENTAL IMPACT REPORTS (EIRS)
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
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Item: 5
62 City of Lake Forest
undefined
Environmental Consulting Services Related to Environmental Impact Reports (EIRs)
I. PARTIES AND DATE. ..............................................................................
II. RECITALS. ..............................................................................................
III. TERMS...................................................................................................
IV. SIGNATURES. ........................................................................................
V. EXHIBIT "B" - SCHEDU LE OF SERVICES ..................................................
VI. EXHIBIT "C" - CO MPENSATION ..............................................................
Attachments:
A - CM Memo - LSA EIR Amendment
B - Attachment 1: Agreement with LSA Associates, Inc. (February 13, 2024)
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Item: 5
63 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 3 1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California 92630 (“City”) and LSA Associates, Inc., a California Corporation (Inc.) , with its principal place of business at 3210 El Camino Real, Suite 100, Irvine, CA 92602 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
$77$&+0(17
Item: 5
64 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 4 2. RECITALS.
2.1. Agreement
The Parties entered into that certain Agreement for Environmental Consulting Services Related to Environmental Impact Reports (EIRs) dated February 13, 2024 (“Agreement”).
2.2. First Amendment
Agreement Term and Compensation:
The Parties now desire to amend the Agreement in order to update the schedule of services and increase the total amount of compensation under the Agreement.
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Item: 5
65 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 5 3. TERMS.
3.1. Compensation.
Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed EIGH T HUNDRED NINETY-NINETY THOUSAND
ONE HUNDRED SIXTY DOLLARS AND EIGHTY-EIGHT CENTS
($899,160.88) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2. Scope of Services.
The Scope of Services as set forth in Exhibit “A” of the Agreement is hereby amended to include the Services set forth in EXHIBIT "A" SCOPE OF SERVICES to this Amendment, attached hereto and incorporated herein.
3.3. Schedule of Services.
The Scope of Services as set forth in Exhibit “B” of the Agreement is hereby amended to include the Services set forth in EXHIBIT "B" - SCHEDULE OF SERVICES to this Amendment, attached hereto and incorporated herein.
3.4. Remaining Provisions of Agreement.
Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
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Item: 5
66 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 6 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST LSA Associates, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Debra Rose
City Manager
By: [VENDOR SIGNATURE 1]
Tony Petros, CEO
Other (Additional Documentation Required)
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE] By: [VENDOR SIGNATURE 2]
Justin Cary
Chief Financial Officer (Corporation or LLC)
dŚLJDĞƌƌŝƚƚ
City Clerk
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
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Item: 5
67 PHASE/TASK
DURATION
DATE
REALIZED/
MILESTONE
DATE FOR
IPT PROJECT
COMMENTS/NOTES
Phase 01: Project Initiation
1.1: Kick-OƯ MeetinČ Within 1
week from
Notice to
Proceed (NTP
anticipated
February 13,
2024)
2/12/2024
1.1.1: Draft Project Description 2 weeks 2/27/2024
City Review of Draft Project Description 1 week 3/20/2024 Temporary stop work waiting for project uses and square footages to
be conƱrmed by appīicant
[ FinaīiƏes Project Description 1 week 3/28/2024
1.2: ScopinČ MeetinČ/Coııent
Inventory
--- 6/11/2024
Scoping
Summary
Report
Scoping Meeting 4/3/2024 and
4/24/2024; Scoping Period 3/20/2024
- 5/15/2024
1.3: Prepare Notice of Preparation 1 week 3/8/2024
City Review of Notice of Preparation 1 week 3/19/2024
[S FinaīiƏes Notice of Preparation and
Distribution to Pubīic
3 days 3/20/2024
and
4/23/2024
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Item: 5
68 PHASE/TASK
DURATION
DATE
REALIZED/
MILESTONE
DATE FOR
IPT PROJECT
COMMENTS/NOTES
Phase 02: Prepare Technicaī Anaīyses ϼThis phase ſiīī coııence after the Project Description is ƱnaīiƏeîϽ5
Temporary stop work on the project
and revisions to the project pīans
resuīted in deīays
2.1: Air Ūaīity/@H@/EnerČy Anaīysis 4 weeks 1 8/9/2024 City Review of ir uaīity/@F@/(nergy
naīysis
1 week 9/11/2024
[S FinaīiƏes ir uaīity/@F@/(nergy
naīysis
1 week 10/13/2024
and revised
3/13/2025
2.2: Prepare Heaīth Risk Assessıent
(HRA)
4 weeks1 8/22/2024
City Review of Draft HRA 1 week 9/11/2024
[SA FinaīiƏes HRA 1 week 10/13/2024
and revised
3/13/2025
2.3: Assist City ſith A 52 Coıpīiance --- Letters
maiīed
6/3/2024
2.4: Prepare Noise anî «iæration Iıpact
Analysis
4 weeks1 8/23/2024
City Review of Draft Noise and Vibration
Impact Anaīysis Memorandum
1 week 9/10/2024
LSA FinaīiƏes Noise and Vibration Impact
Anaīysis Memorandum
1 week 10/13/2024
and revised
3/25/2025
2.5: Prepare TraƯic Iıpact Analysis (TIA) 6 weeks2 8/21/2024 5
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Item: 5
69 PHASE/TASK
DURATION
DATE
REALIZED/
MILESTONE
DATE FOR
IPT PROJECT
COMMENTS/NOTES
City Review of TIA 1 week 9/17/2024
LSA FinaīiƏes TIA 1 week 10/13/2024
and revised
3/11/2025
Phase 03: Prepare Draft Environıental Iıpact Report (EIR)
3.1: Prepare Aîıinistrative Draft EIR
(Partial Draft)
8 weeks3 6/21/2024 Due to deīays in the project LSA
submitted a complete Admin Draft
EIR to the City for review (Task 3.2)
and skipped Task 3.1
City Review of Administrative Draft EIR 3 weeks 7/12/2024
3.2: Prepare Seconî Aîıinistrative Draft
EIR (Coıplete Draft)
6 weeks4 10/13/2024
City Review of Second Administrative Draft
EIR
3 weeks 12/16/2024
3.3: Prepare Screencheck Draft EIR 4 weeks 3/12/2025 pdates to the project pīans requiring revisions to the technicaī
studies resuīted in deīays
City Review of Screencheck Draft EIR 5 weeks 4/18/2025
3.4: Prepare PŪælic Revieſ Draft EIR 2 weeks 5/2/2025
3.5: Prepare anî File PŪælic Notices 1 week 5/9/2025
EIR Pubīic Review Period 6 weeks (45
days)
6/28/2025 Pub īic Review Period 5/14/2025 –
6/28/2025
Phase 04: Preparation of Final EIR
4.1: Prepare Aîıinistrative Draft Final
EIRϠ inclŪîinČ RTC anî MMRP
4 weeks 7/25/2025
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Item: 5
70 PHASE/TASK
DURATION
DATE
REALIZED/
MILESTONE
DATE FOR
IPT PROJECT
COMMENTS/NOTES
City Review of Administrative Draft Finaī EIR,
incīuding RTC and MMRP
3 weeks 8/15/2025
4.2: Prepare Draft Final EIR 3 weeks 9/5/2025
City Review of Draft Finaī EIR 2 weeks 9/19/2025
4.3: Prepare Final EIR 2 weeks 10/3/2025
City Review of Finaī EIR 1 week 10/10/2025
4.4: LSA DistriæŪte Final EIR 2 weeks 10/24/2025
City PlanninČ Coııission MeetinČ TBD
City CoŪncil MeetinČ TBD
4.5: LSA Prepares anî Files Notice of
Deterıination
2 days TBD
Phase 05: Project ManaČeıent anî MeetinČs
5.1: Project Management Ongoing ---
5.2: Meeting Attendance Ongoing ---
5.2.1: Weekīy City Coordination Meetings Ongoing ---
5.2.2: Pubīic Workshop during Pubīic
Review of EIR
TBD ---
5.2.3: Two City Pīanning Commission
Meetings
TBD ---
5.2.4: Two City Counciī Meetings TBD ---
1 From receipt of the necessary traƯic data associated with Task 2.5.
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Item: 5
71 PHASE/TASK
DURATION
DATE
REALIZED/
MILESTONE
DATE FOR
IPT PROJECT
COMMENTS/NOTES
2 Foīīowing receipt of traƯic counts and traƯic voīumes and/or studies for approved and/or pending projects (i.e., cumuīative project īist). Assuming a start date of 3/12/2024.
3 From cīose of NOP process.
4 From compīetion of Partiaī Administrative Draft EIR.
5 Requires conƱrmation of the VMT anaīysis method/modeī by the City at īeast 1 week prior to miīestone date
ENVIRONMENTAL IMPACT REPORT SCHEDULE FOR THE WESTERN REALCO PROJECTS (26110, 26140, 26160, AND 26250 ENTERPRISE WAY)
PHASE/TASK
DURATION
DATE
REALIZED/
MILESTONE
DATE FOR
WESTERN
REALCO
PROJECT
COMMENTS/NOTES
Phase 01: Project Initiation
1.1: Kick-OƯ MeetinČ Within 1 week
from Notice to
Proceed (NTP
anticipated
February 13,
2024)
2/12/2024
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Item: 5
72 PHASE/TASK
DURATION
DATE
REALIZED/
MILESTONE
DATE FOR
WESTERN
REALCO
PROJECT
COMMENTS/NOTES
1.1.1: Draft Project Description 2 weeks 11/19/2024 Project Description de īayed waiting for revised site pīan and
description of uses from the
appīicant for 26110, 26140,
and 26160 Enterprise Way
City Review of Draft Project Description 1 week 11/25/2024 LSA FinaīiƏes Project Description 1 week 11/25/2024
1.2: ScopinČ MeetinČ/Coııent Inventory --- 2/17/2025
Scoping
Summary
Report
Scoping Meeting 1/16/2025;
Scoping Period 12/17/2024 –
1/21/2025
1.3: Prepare Notice of Preparation 1 week 11/20/2025
City Review of Notice of Preparation 1 week 12/12/2024
LSA FinaīiƏes Notice of Preparation and
Distribution to Pubīic
3 days 12/16/2024
and
12/31/2024
Phase 02: Prepare Technical Analyses (This phase ſill coııence after the Project Description is ƱnaliƏeî)
Aīī draft technicaī studies wiīī
be submitted together for City
review on 4/16/2025
2.1: Air Ūality/@H@/EnerČy Analysis 4 weeks 1 4/16/2025 City Review of Air uaīity/@H@/Energy Anaīysis 1 week 4/23/2025 LSA FinaīiƏes Air uaīity/@H@/Energy Anaīysis 2 weeks 5/7/2025
2.2: Prepare Health Risk Assessıent (HRA) 4 weeks 1 4/16/2025
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Item: 5
73 PHASE/TASK
DURATION
DATE
REALIZED/
MILESTONE
DATE FOR
WESTERN
REALCO
PROJECT
COMMENTS/NOTES
City Review of Draft HRA 1 week 4/23/2025
LSA FinaīiƏes HRA 2 weeks 5/7/2025
2.3: Assist City ſith A 52 Coıpliance --- Letters mai īed 2/4/2025
2.4: Prepare Noise anî Viæration Iıpact
Analysis
4 weeks1 4/16/2025
City Review of Draft Noise and Vibration Impact
Anaīysis Memorandum
1 week 4/23/2025
LSA FinaīiƏes Noise and Vibration Impact
Anaīysis Memorandum
2 weeks 5/7/2025
2.5: Prepare TraƯic Iıpact Analysis (TIA) 6 weeks2 4/16/2025 City Review of TIA 1 week 4/23/2025
LSA FinaīiƏes TIA 2 weeks 5/7/2025
2.6: Prepare ioloČical ResoŪrces Report for
26250 Enterprise Way
4 weeks 4/16/2025
City Review of Bioīogicaī Resources Report 1 week 4/23/2025 LSA FinaīiƏes Bioīogicaī Resources Report 1 week 4/30/2025
2.7: Prepare Cultural Resources Report for
26250 Enterprise Way
6 weeks 4/16/2025
City Review of Cuīturaī Resources Report 1 week 4/23/2025 LSA FinaīiƏes Cuīturaī Resources Report 1 week 4/30/2025 Phase 03: Prepare Draft Environıental Iıpact Report (EIR)
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Item: 5
74 PHASE/TASK
DURATION
DATE
REALIZED/
MILESTONE
DATE FOR
WESTERN
REALCO
PROJECT
COMMENTS/NOTES
3.1: Prepare Aîıinistrative Draft EIR (Partial
Draft)
8 weeks3 6/21/2024 Due to deīays in the project
LSA wiīī submit a complete
Admin Draft EIR to the City for
review (Task 3.2) and skip Task
3.1 City Review of Administrative Draft EIR 3 weeks 7/12/2024
3.2: Prepare Seconî Aîıinistrative Draft EIR
(Coıplete Draft)
8 6 weeks4 6/18/2025
City Review of Second Administrative Draft EIR 2 3 weeks 7/9/2025
3.3: Prepare Screencheck Draft EIR 4 weeks 8/6/2025
City Review of Screencheck Draft EIR 4 weeks 8/27/2025
3.4: Prepare Puælic Revieſ Draft EIR 2 weeks 9/10/2025
3.5: Prepare anî File Puælic Notices 1 week 9/17/2025
EIR Pubīic Review Period 6 weeks (45
days)
11/3/2025 Pub īic Review Period
9/19/2025 – 11/3/2025
Phase 04: Preparation of Final EIR
4.1: Prepare Aîıinistrative Draft Final EIR,
incluîinČ RTC anî MMRP
4 weeks 11/24/2025
City Review of Administrative Draft Finaī EIR,
incīuding RTC and MMRP
3 weeks 12/15/2025
4.2: Prepare Draft Final EIR 3 weeks 1/5/2026
City Review of Draft Finaī EIR 2 weeks 1/19/2026
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Item: 5
75 PHASE/TASK
DURATION
DATE
REALIZED/
MILESTONE
DATE FOR
WESTERN
REALCO
PROJECT
COMMENTS/NOTES
4.3: Prepare Final EIR 2 weeks 2/2/2026
City Review of Finaī EIR 1 week 2/9/2026
4.4: LSA Distriæute Final EIR 2 weeks 2/23/2026
City PlanninČ Coııission MeetinČ TBD
City Council MeetinČ TBD
4.5: LSA Prepares anî Files Notice of
Deterıination
2 days TBD
Phase 05: Project ManaČeıent anî MeetinČs
5.1: Project Management Ongoing ---
5.2: Meeting Attendance Ongoing ---
5.2.1: Weekīy City Coordination Meetings Ongoing ---
5.2.2: Pubīic Workshop during Pubīic Review of
EIR
TBD ---
5.2.3: Two City Pīanning Commission Meetings TBD ---
5.2.4: Two City Counciī Meetings TBD ---
1 From ƱnaīiƏation of project description and receipt of the necessary traƯic data associated with Task 2.5.
2 Foīīowing receipt of traƯic counts and traƯic voīumes and/or studies for approved and/or pending projects (i.e., cumuīative project īist). Assuming a start date of 3/12/2024.
3 From cīose of NOP process.
4 From compīetion of Partiaī Administrative Draft EIR.
$77$&+0(17
Item: 5
76 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 11 6. EXHIBIT "C" - COMPENSATION
6.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of EIGHT HUNDRED NINETY-NINETY THOUSAND ONE HUNDRED SIXTY DOLLARS AND EIGHTY-EIGHT CENTS ($899,160.88). Compensation shall be paid per the following schedule and terms.
ENTERPRISE INDUSTRIAL - 2 ENVIRONMENTAL IMPACT REPORTS (EIRs) IPT Costs
Technical Reports $101,850.50
EIR $333,675.13
Western RealCo
Technical Reports $111,157.50
EIR $352,477.75
TOTAL $899,160.88
TECHNICAL REPORTS BUDGET SPREADSHEET FOR THE IPT ENTERPRISE BUSINESS CENTER LLC PROJECT (26200 ENTERPRISE WAY)
$77$&+0(17
Item: 5
77 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 12 ENVIRONMENTAL IMPACT REPORT BUDGET SPREADSHEET FOR THE IPT ENTERPRISE BUSINESS CENTER LLC PROJECT (26200 ENTERPRISE WAY)
$77$&+0(17
Item: 5
78 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 13 TECHNICAL REPORTS BUDGET SPREADSHEET FOR THE WESTERN REALCO PROJECTS (26110, 26140, 26160, AND 26250 ENTERPRISE WAY)
$77$&+0(17
Item: 5
79 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 14 ENVIRONMENTAL IMPACT REPORT BUDGET SPREADSHEET FOR THE WESTERN REALCO PROJECTS (26110, 26140, 26160, AND 26250 ENTERPRISE WAY)
$77$&+0(17
Item: 5
80 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 15 $77$&+0(17
Item: 5
81 Title: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 16 In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim.
$77$&+0(17
Item: 5
82 ATTACHMENT
ATTACHMENT
Item: 5
83 SECOND AMENDMENT TO PROFE
SSIONAL CONSULTANT
SERVICES AGREEMENT FOR ENVIRONMENTAL CONSULTING
SERVICES RELATED TO ENVIRONMENTAL IMPACT REPORTS
(EIRS)
(2024-006.2)
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
#!$
ATTACHMENT
Item: 5
84 City of Lake Forest
Second Amendment to Professional Consultant Services Agreement for Environmental Consulting Services Related to Environmental Impact Reports (EIRs)
I. PARTIES AND DATE. ..............................................................................
II. RECITALS. ..............................................................................................
III. TERMS...................................................................................................
IV. SIG
NATURES. ........................................................................................
V. EXHIBIT "B" - SCHEDULE OF SERVICES ..................................................
VI. EXHIBIT "C" - COMPENSATION .............................................................. #!$
ATTACHMENT
Item: 5
85 Titl
e: Second Amendment to Professional Consultant Services Agreement for Environmental Consulting Services Related to Environmental Impact Reports (EIRs)
3 1. PARTIES AND DATE.
This Agreement is made and entered into this [* **INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California 92630 (“City”) and LSA Associates, Inc., a California Corporation (Inc.) , with its principal place of business at 3210 El Camino Real, Suite 100, Irvine, CA 92602 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” #!$
"
ATTACHMENT
Item: 5
86 Titl
e: Second Amendment to Professional Consultant Services Agreement for Environmental Consulting Services Related to Environmental Impact Reports (EIRs)
4 2. RECITALS.
2.1. Agreement
The Parties entered into that certain Agre ement for Environmental Consulting Services Related to Environmental Impact Reports (EIRs) dated February 13, 2024 (“Agreement”).
2.2. First Amendment
The Parties entered into that c ertain First Amendment to the Agreement to update the schedule of services and increase the total amount of compensation under the Agreement dated May 6, 2025 ("First Amendment").
2.3. Second Amendment
The Parties now desire to amend the Ag reement in order to update the schedule of services and increase the total amount of compensation under the Agreement. #!$
ATTACHMENT
Item: 5
87 Titl
e: Second Amendment to Professional Consultant Services Agreement for Environmental Consulting Services Related to Environmental Impact Reports (EIRs)
5 3. TERMS.
3.1. Compensation.
Section 3.3.1 of the Agreement is her eby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed NINE HUNDRED FIFTEEN THOUSAND FIVE HUNDRED NINETY DOLLARS AND EIGHTY-EIGHT CENTS ($915,590.88) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2. Scope of Services.
The Scope of Services as set forth in Exhibit “A” of the Agreement is hereby amended to include the Services set forth in EXHIBIT "A" SCOPE OF SERVICES to this Amendment, attached hereto and incorporated herein.
3.3. Schedule of Services.
The Scope of Services as set forth in Exhibit “B” of the Agreement is hereby amended to include the Services set forth in EXHIBIT "B" - SCHEDULE OF SERVICES to this Amendment, attached hereto and incorporated herein.
3.4. Remaining Provisions of Agreement.
Except as otherwise specifically s et forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect. #!$
ATTACHMENT
Item: 5
88 Titl
e: Second Amendment to Professional Consultant Services Agreement for Environmental Consulting Services Related to Environmental Impact Reports (EIRs)
6 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST LSA Associates, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Debra Rose
City Manager
By: [VENDOR SIGNATURE 1]
Tony Petros, CEO
Other (Additional Documentation Required)
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Thy Merritt
City Clerk
By: [VENDOR SIGNATURE 2]
Justin Cary
Chief Financial Officer (Corporation or LLC)
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
#!$
ATTACHMENT
Item: 5
89 Titl
e: Second Amendment to Professional Consultant Services Agreement for Environmental Consulting Services Related to Environmental Impact Reports (EIRs)
7 5. EXHIBIT "B" - SCHEDULE OF SERVICES
5.1. EXHIBIT "B" - SCHEDULE OF SERVICES
ENVIRONMENTAL IMPACT REPORT SCHEDULE FOR THE IPT ENTERPRISE BUSINESS CENTER LLC PROJECT (26200 ENTERPRISE WAY)
PHASE/TASK DURATION DATE
REALIZED/
MILESTONE
DATE FOR IPT
PROJECT
COMMENTS/NOTES
Phase 01: Project Initiation
1.1: Kick-Off Meeting Within 1
week from
Notice to
Proceed (NTP
anticipated
February 13,
2024)
2/12/2024
1.1.1: Draft Project Description 2 weeks 2/27/2024
City Review of Draft Project Description 1 week 3/20/2024 Temporary stop work waiting for project uses and square footages to be
confirmed by applicant
LSA Finalizes Project Description 1 week 3/28/2024
1.2: Scoping Meeting/Comment Inventory --- 6/11/2024
Scoping
Summary
Report
Scoping Meeting 4/3/2024 and
4/24/2024; Scoping Period 3/20/2024 -
5/15/2024
1.3: Prepare Notice of Preparation 1 week 3/8/2024
City Review of Notice of Preparation 1 week 3/19/2024
LSA Finalizes Notice of Preparation and
Distribution to Public
3 days 3/20/2024
and
4/23/2024
Phase 02: Prepare Technical Analyses (This phase will commence after the Project Description is finalized)5
Temporary stop work on the project
and revisions to the project plans
resulted in delays
2.1: Air Quality/GHG/Energy Analysis 4 weeks1 8/9/2024 City Review of Air Quality/GHG/Energy
Analysis
1 week 9/11/2024
LSA Finalizes Air Quality/GHG/Energy
Analysis
1 week 10/13/2024
and revised
3/13/2025
2.2: Prepare Health Risk Assessment (HRA) 4 weeks1 8/22/2024 City Review of Draft HRA 1 week 9/11/2024
LSA Finalizes HRA 1 week 10/13/2024
and revised
3/13/2025
2.3: Assist City with AB 52 Compliance --- Letters
mailed
6/3/2024
2.4: Prepare Noise and Vibration Impact
Analysis
4 weeks1 8/23/2024
#!$
ATTACHMENT
Item: 5
90 Titl
e: Second Amendment to Professional Consultant Services Agreement for Environmental Consulting Services Related to Environmental Impact Reports (EIRs)
8 City Review of Draft Noise and Vibration
Impact Analysis Memorandum
1 week 9/10/2024
LSA Finalizes Noise and Vibration Impact
Analysis Memorandum
1 week 10/13/2024
and revised
3/25/2025
2.5: Prepare Traffic Impact Analysis (TIA) 6 weeks2 8/21/20245 City Review of TIA 1 week 9/17/2024
LSA Finalizes TIA 1 week 10/13/2024
and revised
3/11/2025
Phase 03: Prepare Draft Environmental Impact Report (EIR)
3.1: Prepare Administrative Draft EIR (Partial
Draft)
8 weeks3 6/21/2024 Due to delays in the project LSA
submitted a complete Admin Draft EIR
to the City for review (Task 3.2) and
skipped Task 3.1
City Review of Administrative Draft EIR 3 weeks 7/12/2024
3.2: Prepare Second Administrative Draft EIR
(Complete Draft)
6 weeks4 10/13/2024
City Review of Second Administrative
Draft EIR
3 weeks 12/16/2024
3.3: Prepare Screencheck Draft EIR 4 weeks 3/12/2025 Updates to the project plans requiring revisions to the technical studies
resulted in delays. Updates to Western
Realco project-specific information
resulted in updates to the cumulative
analysis, technical studies, and EIR
sections.
City Review of Screencheck Draft EIR 5 weeks 6/27/2025
3.4: Prepare Public Review Draft EIR 2 weeks 7/7/2025
3.5: Prepare and File Public Notices 1 week 7/7/2025
EIR Public Review Period 67 days 7/10/2025 Public Review Period 7/10/2025 – 9/15/2025
Phase 04: Preparation of Final EIR
4.1: Prepare Administrative Draft Final EIR,
including RTC and MMRP
4 weeks 10/13/2025
City Review of Administrative Draft Final
EIR, including RTC and MMRP
3 weeks 11/3/2025
4.2: Prepare Draft Final EIR 3 weeks 11/24/2025
City Review of Draft Final EIR 2 weeks 12/8/2025
4.3: Prepare Final EIR 2 weeks 12/22/2025
City Review of Final EIR 2 weeks 1/5/2026 *Duration extended by 1 week to account for Holidays
4.4: LSA Distribute Final EIR 2 weeks 1/19/2026
City Planning Commission Meeting TBD
City Council Meeting TBD
4.5: LSA Prepares and Files Notice of
Determination
2 days TBD
Phase 05: Project Management and Meetings
5.1: Project Management Ongoing ---
5.2: Meeting Attendance Ongoing ---
5.2.1: Weekly City Coordination Meetings Ongoing ---
5.2.2: Public Workshop during Public Review
of EIR
TBD ---
#!$
ATTACHMENT
Item: 5
91 Titl
e: Second Amendment to Professional Consultant Services Agreement for Environmental Consulting Services Related to Environmental Impact Reports (EIRs)
9 5.2.3: Two City Planning Commission Meetings TBD ---
5.2.4: Two City Council Meetings TBD ---
1 From receipt of the necessary traffic data associated with Task 2.5. 2 Following receipt of traffic counts and traffic volumes and/or studies for approved and/or pending projects (i.e., cumulative project list). Assuming a start date of 3/12/2024. 3 From close of NOP process.
4 From completion of Partial Administrative Draft EIR.
5 Requires confirmation of the VMT analysis method/model by the City at least 1 week prior to milestone date
ENVI
RONMENTAL IMPACT REPORT SCHEDULE FOR THE WESTERN REALCO PROJECTS (26110, 26140, 26160, AND 26250 ENTERPRISE WAY)
PHASE/TASK DURATION DATE
REALIZED/
MILESTONE
DATE FOR
WESTERN
REALCO
PROJECT
COMMENTS/NOTES
Phase 01: Project Initiation
1.1: Kick-Off Meeting Within 1 week
from Notice to
Proceed (NTP
anticipated
February 13,
2024)
2/12/2024
1.1.1: Draft Project Description 2 weeks 11/19/2024 Project Description delayed waiting for revised site plan and
description of uses from the
applicant for 26110, 26140, and
26160 Enterprise Way
City Review of Draft Project Description 1 week 11/25/2024 LSA Finalizes Project Description 1 week 11/25/2024
1.2: Scoping Meeting/Comment Inventory --- 2/17/2025
Scoping
Summary
Report
Scoping Meeting 1/16/2025;
Scoping Period 12/17/2024 –
1/21/2025
1.3: Prepare Notice of Preparation 1 week 11/20/2025
City Review of Notice of Preparation 1 week 12/12/2024
LSA Finalizes Notice of Preparation and
Distribution to Public
3 days 12/16/2024
and
12/31/2024
Phase 02: Prepare Technical Analyses (This phase will commence after the Project Description is finalized)
All draft technical studies will be
submitted together for City
review on 4/16/2025
2.1: Air Quality/GHG/Energy Analysis 4 weeks1 6/16/2025 City Review of Air Quality/GHG/Energy
Analysis
1 week 6/23/2025
LSA Finalizes Air Quality/GHG/Energy Analysis 2 weeks 7/7/2025
2.2: Prepare Health Risk Assessment (HRA) 4 weeks1 6/16/2025 City Review of Draft HRA 1 week 6/23/2025
LSA Finalizes HRA 2 weeks 7/7/2025
#!$
ATTACHMENT
Item: 5
92 Titl
e: Second Amendment to Professional Consultant Services Agreement for Environmental Consulting Services Related to Environmental Impact Reports (EIRs)
10 2.3: Assist City with AB 52 Compliance --- Letters mailed 2/4/2025
2.4: Prepare Noise and Vibration Impact Analysis 4 weeks1 6/16/2025 City Review of Draft Noise and Vibration
Impact Analysis Memorandum
1 week 6/23/2025
LSA Finalizes Noise and Vibration Impact
Analysis Memorandum
2 weeks 7/7/2025
2.5: Prepare Traffic Impact Analysis (TIA) 6 weeks2 4/16/2025 City Review of TIA 1 week 4/23/2025
LSA Finalizes TIA 2 weeks 5/7/2025
2.6: Prepare Biological Resources Report for
26250 Enterprise Way
4 weeks 4/16/2025
City Review of Biological Resources
Report
1 week 4/23/2025
LSA Finalizes Biological Resources Report 1 week 4/30/2025
2.7: Prepare Cultural Resources Report for 26250
Enterprise Way
6 weeks 4/16/2025
City Review of Cultural Resources Report 1 week 4/23/2025 LSA Finalizes Cultural Resources Report 1 week 4/30/2025 Phase 03: Prepare Draft Environmental Impact Report (EIR)
3.1: Prepare Administrative Draft EIR (Partial
Draft)
8 weeks3 6/21/2024 Due to delays in the project LSA
will submit a complete Admin
Draft EIR to the City for review
(Task 3.2) and skip Task 3.1
City Review of Administrative Draft EIR 3 weeks 7/12/2024
3.2: Prepare Second Administrative Draft EIR
(Complete Draft)
8 7 weeks4 7/18/2025
City Review of Second Administrative Draft
EIR
2 4 weeks 8/15/2025
3.3: Prepare Screencheck Draft EIR 4 weeks 9/12/2025
City Review of Screencheck Draft EIR 4 weeks 10/10/2025
3.4: Prepare Public Review Draft EIR 2 weeks 10/24/2025
3.5: Prepare and File Public Notices 1 week 10/31/2025 EIR Public Review Period 6 weeks (45
days)
12/23/2025 Public Review Period 11/7/2025
– 12/23/2025 (extended 1 day
for holiday)
Phase 04: Preparation of Final EIR
4.1: Prepare Administrative Draft Final EIR,
including RTC and MMRP
4 weeks 1/27/2026 *Schedule extended to account
for holidays
City Review of Administrative Draft Final EIR,
including RTC and MMRP
3 weeks 2/17/2026
4.2: Prepare Draft Final EIR 3 weeks 3/10/2026
City Review of Draft Final EIR 2 weeks 3/24/2026
4.3: Prepare Final EIR 2 weeks 4/7/2026
City Review of Final EIR 1 week 4/14/2026
4.4: LSA Distribute Final EIR 2 weeks 4/28/2026
City Planning Commission Meeting TBD
City Council Meeting TBD
4.5: LSA Prepares and Files Notice of
Determination
2 days TBD
Phase 05: Project Management and Meetings
5.1: Project Management Ongoing ---
5.2: Meeting Attendance Ongoing ---
#!$
ATTACHMENT
Item: 5
93 Titl
e: Second Amendment to Professional Consultant Services Agreement for Environmental Consulting Services Related to Environmental Impact Reports (EIRs)
11 5.2.1: Weekly City Coordination Meetings Ongoing ---
5.2.2: Public Workshop during Public Review of
EIR
TBD ---
5.2.3: Two City Planning Commission Meetings TBD ---
5.2.4: Two City Council Meetings TBD ---
1 From finalization of project description and receipt of the necessary traffic data associated with Task 2.5. 2 Following receipt of traffic counts and traffic volumes and/or studies for approved and/or pending projects (i.e., cumulative project list). Assuming a start date of 3/12/2024. 3 From close of NOP process.
4 From completion of Partial Administrative Draft EIR.
#!$
ATTACHMENT
Item: 5
94 Titl
e: Second Amendment to Professional Consultant Services Agreement for Environmental Consulting Services Related to Environmental Impact Reports (EIRs)
12 6. EXHIBIT "C" - COMPENSATION
6.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of NINE HUNDRED FIFTEEN THOUSAND FIVE HUNDRED NINETY DOLLARS AND EIGHTY-EIGHT CENTS ($915,590.88). Compensation shall be paid per the following schedule and terms.
ENTERPRISE INDUSTRIAL - 2 ENVIRONMENTAL IMPACT REPORTS (EIRs)
IPT COSTS
Technical Reports $111,746.50
EIR $340,209.13
Western RealCo
Technical Reports $111,157.50
EIR $352,477.75
TOTAL $915,590.88
TEC
HNICAL REPORTS BUDGET SPREADSHEET FOR THE IPT ENTERPRISE BUSINESS CENTER LLC PROJECT (26200 ENTERPRISE WAY)
#!$
ATTACHMENT
Item: 5
95 Titl
e: Second Amendment to Professional Consultant Services Agreement for Environmental Consulting Services Related to Environmental Impact Reports (EIRs)
13 ENVI
RONMENTAL IMPACT REPORT BUDGET SPREADSHEET FOR THE IPT ENTERPRISE BUSINESS CENTER LLC PROJECT (26200 ENTERPRISE WAY)
TECHNICAL REPORTS BUDGET SPREADSHEET FOR THE WESTERN REALCO PROJECTS (26110, 26140, 26160, AND 26250 ENTERPRISE WAY)
ENVIRONMENTAL IMPACT REPORT BUDGET SPREADSHEET FOR THE WESTERN REALCO PROJECTS (26110, 26140, 26160, AND 26250 ENTERPRISE WAY)
#!$
ATTACHMENT
Item: 5
96 Titl
e: Second Amendment to Professional Consultant Services Agreement for Environmental Consulting Services Related to Environmental Impact Reports (EIRs)
14 In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim. #!$
ATTACHMENT
Item: 5
97 $77$&+0(17
$77$&+0(17
Item: 5
98 ENVIRONMENTAL CONSULTING SERVICES RELATED TO
ENVIRONMENTAL IMPACT REPORTS (EIRS)
(2024-006.3)
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
$77$&+0(17
Item: 5
99 City of Lake Forest
Third Amendment to Professional Consultant Services Agreement Environmental Consulting Services Related to Environmental Impact Reports (EIRs)
I. PARTIES AND DATE. ..............................................................................
II. RECITALS. ..............................................................................................
III. TERMS...................................................................................................
IV
. SIGNATURES. ........................................................................................
V. EXHIBIT "B" - SCHEDULE OF SERVICES ..................................................
VI. EXHIBIT "C" - COMPENSATION ..............................................................
$77$&+0(17
Item: 5
100
T
itle: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 3 1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California 92630 (“City”) and LSA Associates, Inc., a California Corporation (Inc.) , with its principal place of business at 3210 El Camino Real, Suite 100, Irvine, CA 92602 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
$77$&+0(17
Item: 5
101
T
itle: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 4 2. RECITALS.
2.1. Agreement
The Parties entered into that certain Agreement for Environmental Consulting Services Related to E
nvironmental Impact Reports (EIRs) dated February 13, 2024 (“Agreement”).
2.2. First Amendment
The Parties entered into that certain First Amendment to the Agreement to update the sc
hedule of services and increase the total amount of compensation under the Agreement dated May 6, 2025 ("First Amendment").
2.3. Second Amendment
The Parties entered into that certain Second Amendment to the Agreement to update the sc
hedule of services and increase the total amount of compensation under the Agreement dated September 22, 2025 ("Second Amendment").
2.4. Third Amendment
The Parties now desire to amend the A greement in order to update the schedule of services and increase the total amount of compensation under the Agreement.
$77$&+0(17
Item: 5
102
T
itle: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 5 3. TERMS.
3.1. Compensation.
Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
C
onsultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed NINE HUNDRED SEVENTY-NINE THOUSAND
THREE HUNDRED FIFTY-FOUR DOLLARS AND EIGHTY-EIGHT CENTS DOLLARS ($979,354.88) without written approval of the City Council or City Manager as applicable. Extra Work may be author ized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2. Schedule of Services.
The Scope of Services as set forth in Exhibit “B” of the Agreement is hereby amended to include t
he Services set forth in EXHIBIT "B" - SCHEDULE OF SERVICES to this Amendment, attached hereto and incorporated herein.
3.3. Remaining Provisions of Agreement.
Except as otherwise specifically set forth in this Third Amendment, the remaining provisions of t
he Agreement shall remain in full force and effect.
$77$&+0(17
Item: 5
103
T
itle: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 6 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST LSA Associates, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Scott Voigts
Mayor
By: [VENDOR SIGNATURE 1]
Tony Petros
Chief Executive Officer (CEO)
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Thy Merrit
City Clerk
By: [VENDOR SIGNATURE 2]
Justin Cary
Chief Financial Officer (Corporation or LLC)
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
$77$&+0(17
Item: 5
104
T
itle: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 7 5. EXHIBIT "B" - SCHEDULE OF SERVICES
5.1. EXHIBIT "B" - SCHEDULE OF SERVICES
Services described in Exhibit “A” Scope of Services as directed by the City.
ENVIRONMENTAL IMPACT REPORT SCHEDULE FOR THE IPT ENTERPRISE BUSINESS CENTER LLC PROJECT (26200 ENTERPRISE WAY)
PHASE/TASK DURATION DATE
REALIZED/
MILESTONE
DATE FOR IPT
PROJECT
COMMENTS/NOTES
Phase 01: Project Initiation
1.1: Kick-Off Meeting Within 1
week from
Notice to
Proceed (NTP
anticipated
February 13,
2024)
2/12/2024
1.1.1: Draft Project Description 2 weeks 2/27/2024
C ity Review of Draft Project Description 1 week 3/20/2024 Temporary stop work waiting for project uses and square footages to be
confirmed by applicant
LS A Finalizes Project Description 1 week 3/28/2024
1.2: Scoping Meeting/Comment Inventory --- 6/11/2024
Scoping
Summary
Report
Scoping Meeting 4/3/2024 and
4/24/2024; Scoping Period 3/20/2024 -
5/15/2024
1.3: Prepare Notice of Preparation 1 week 3/8/2024
City Review of Notice of Preparation 1 week 3/19/2024
LSA Finalizes Notice of Preparation and
Distribution to Public
3 days 3/20/2024
and
4/23/2024
Phase 02: Prepare Technical Analyses (This phase will commence after the Project Description is finalized)5
Temporary stop work on the project
and revisions to the project plans
resulted in delays
2.1: Air Quality/GHG/Energy Analysis 4 weeks1 8/9/2024 City Review of Air Quality/GHG/Energy
Analysis
1 week 9/11/2024
LSA Finalizes Air Quality/GHG/Energy
Analysis
1 week 10/13/2024
and revised
3/13/2025
2.2: Prepare Health Risk Assessment (HRA) 4 weeks1 8/22/2024 City Review of Draft HRA 1 week 9/11/2024
LSA Finalizes HRA 1 week 10/13/2024
and revised
3/13/2025
$77$&+0(17
Item: 5
105
T
itle: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 8 2.3: Assist City with AB 52 Compliance --- Letters
mailed
6/3/2024
2.4: Prepare Noise and Vibration Impact
Analysis
4 weeks1 8/23/2024
City Review of Draft Noise and Vibration
Impact Analysis Memorandum
1 week 9/10/2024
LSA Finalizes Noise and Vibration Impact
Analysis Memorandum
1 week 10/13/2024
and revised
3/25/2025
2.5: Prepare Traffic Impact Analysis (TIA) 6 weeks2 8/21/20245 City Review of TIA 1 week 9/17/2024
LSA Finalizes TIA 1 week 10/13/2024
and revised
3/11/2025
Phase 03: Prepare Draft Environmental Impact Report (EIR)
3.1: Prepare Administrative Draft EIR (Partial
Draft)
8 weeks3 6/21/2024 Due to delays in the project LSA
submitted a complete Admin Draft EIR
to the City for review (Task 3.2) and
skipped Task 3.1
City Review of Administrative Draft EIR 3 weeks 7/12/2024
3.2: Prepare Second Administrative Draft EIR
(Complete Draft)
6 weeks4 10/13/2024
City Review of Second Administrative
Draft EIR
3 weeks 12/16/2024
3.3: Prepare Screencheck Draft EIR 4 weeks 3/12/2025 Updates to the project plans requiring revisions to the technical studies
resulted in delays. Updates to Western
Realco project-specific information
resulted in updates to the cumulative
analysis, technical studies, and EIR
sections.
City Review of Screencheck Draft EIR 5 weeks 6/27/2025
3.4: Prepare Public Review Draft EIR 2 weeks 7/7/2025
3.5: Prepare and File Public Notices 1 week 7/7/2025
EIR Public Review Period 67 days 7/10/2025 Public Review Period 7/10/2025 – 9/15/2025
Phase 04: Preparation of Final EIR
4.1: Prepare Administrative Draft Final EIR,
including RTC and MMRP
4 weeks 11/14/2025 Schedule extended based on volume
and depth of comments received
City Review of Administrative Draft Final
EIR, including RTC and MMRP
3 weeks 12/5/2025
4.2: Prepare Draft Final EIR 3 weeks 12/31/2025 Schedule extended to account for holidays
City Review of Draft Final EIR 2 weeks 1/14/2026
4.3: Prepare Final EIR 2 weeks 1/28/2026
City Review of Final EIR 2 weeks 2/11/2026
4.4: LSA Distribute Final EIR 2 weeks 2/25/2026
City Planning Commission Meeting TBD
City Council Meeting TBD
4.5: LSA Prepares and Files Notice of
Determination
2 days TBD
Phase 05: Project Management and Meetings
$77$&+0(17
Item: 5
106
T
itle: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 9 5.1: Project Management Ongoing ---
5.2: Meeting Attendance Ongoing ---
5.2.1: Weekly City Coordination Meetings Ongoing ---
5.2.2: Public Workshop during Public Review
of EIR
TBD ---
5.2.3: Two City Planning Commission Meetings TBD ---
5.2.4: Two City Council Meetings TBD ---
1 From receipt of the necessary traffic data associated with Task 2.5. 2 Following receipt of traffic counts and traffic volumes and/or studies for approved and/or pending projects (i.e., cumulative project list). Assuming a start date of 3/12/2024. 3 From close of NOP process.
4 From completion of Partial Administrative Draft EIR.
5 Requires confirmation of the VMT analysis method/model by the City at least 1 week prior to milestone date
ENVIR
ONMENTAL IMPACT REPORT SCHEDULE FOR THE WESTERN REALCO PROJECTS (26110, 26140, 26160, AND 26250 ENTERPRISE WAY)
PHASE/TASK DURATION DATE
REALIZED/
MILESTONE
DATE FOR
WESTERN
REALCO
PROJECT
COMMENTS/NOTES
Phase 01: Project Initiation
1.1: Kick-Off Meeting Within 1 week
from Notice to
Proceed (NTP
anticipated
February 13,
2024)
2/12/2024
1.1.1: Draft Project Description 2 weeks 11/19/2024 Project Description delayed waiting for revised site plan and
description of uses from the
applicant for 26110, 26140, and
26160 Enterprise Way
C ity Review of Draft Project Description 1 week 11/25/2024 LS A Finalizes Project Description 1 week 11/25/2024
1.2: Scoping Meeting/Comment Inventory --- 2/17/2025
Scoping
Summary
Report
Scoping Meeting 1/16/2025;
Scoping Period 12/17/2024 –
1/21/2025
1.3: Prepare Notice of Preparation 1 week 11/20/2025
City Review of Notice of Preparation 1 week 12/12/2024
LSA Finalizes Notice of Preparation and
Distribution to Public
3 days 12/16/2024
and
12/31/2024
Phase 02: Prepare Technical Analyses (This phase will commence after the Project Description is finalized)
All draft technical studies will be
submitted together for City
review on 4/16/2025
2.1: Air Quality/GHG/Energy Analysis 4 weeks1 6/16/2025
$77$&+0(17
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T
itle: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 10 City Review of Air Quality/GHG/Energy
Analysis
1 week 6/23/2025
LSA Finalizes Air Quality/GHG/Energy Analysis 2 weeks 7/7/2025
2.2: Prepare Health Risk Assessment (HRA) 4 weeks1 6/16/2025 City Review of Draft HRA 1 week 6/23/2025
LSA Finalizes HRA 2 weeks 7/7/2025
2.3: Assist City with AB 52 Compliance --- Letters mailed 2/4/2025
2.4: Prepare Noise and Vibration Impact Analysis 4 weeks1 6/16/2025 City Review of Draft Noise and Vibration
Impact Analysis Memorandum
1 week 6/23/2025
LSA Finalizes Noise and Vibration Impact
Analysis Memorandum
2 weeks 7/7/2025
2.5: Prepare Traffic Impact Analysis (TIA) 6 weeks2 4/16/2025 City Review of TIA 1 week 4/23/2025
LSA Finalizes TIA 2 weeks 5/7/2025
2.6: Prepare Biological Resources Report for
26250 Enterprise Way
4 weeks 4/16/2025
City Review of Biological Resources
Report
1 week 4/23/2025
LSA Finalizes Biological Resources Report 1 week 4/30/2025
2.7: Prepare Cultural Resources Report for 26250
Enterprise Way
6 weeks 4/16/2025
City Review of Cultural Resources Report 1 week 4/23/2025 LSA Finalizes Cultural Resources Report 1 week 4/30/2025 Phase 03: Prepare Draft Environmental Impact Report (EIR)
3.1: Prepare Administrative Draft EIR (Partial
Draft)
8 weeks3 6/21/2024 Due to delays in the project LSA
will submit a complete Admin
Draft EIR to the City for review
(Task 3.2) and skip Task 3.1
City Review of Administrative Draft EIR 3 weeks 7/12/2024
3.2: Prepare Second Administrative Draft EIR
(Complete Draft)
8 7 weeks4 7/18/2025
City Review of Second Administrative Draft
EIR
2 4 weeks 8/15/2025
3.3: Prepare Screencheck Draft EIR 4 weeks 11/10/2025 Schedule extended 7 weeks to revise EIR format and complete
tribal coordination
City Review of Screencheck Draft EIR 4 weeks 12/8/2025
3.4: Prepare Public Review Draft EIR 2 weeks 12/22/2025
3.5: Prepare and File Public Notices 1 week 1/2/2026 Filing of public notices extended to account for holidays
EIR Public Review Period 6 weeks (45
days)
1/5/2026 Public Review Period 1/5/2026 –
2/19/2026
Phase 04: Preparation of Final EIR
4.1: Prepare Administrative Draft Final EIR,
including RTC and MMRP
4 weeks 3/20/2026
City Review of Administrative Draft Final EIR,
including RTC and MMRP
3 weeks 4/10/2026
4.2: Prepare Draft Final EIR 3 weeks 5/1/2026
City Review of Draft Final EIR 2 weeks 5/15/2026
4.3: Prepare Final EIR 2 weeks 5/29/2026
City Review of Final EIR 1 week 6/5/2026
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T
itle: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 11 4.4: LSA Distribute Final EIR 2 weeks 6/19/2026
City Planning Commission Meeting TBD
City Council Meeting TBD
4.5: LSA Prepares and Files Notice of
Determination
2 days TBD
Phase 05: Project Management and Meetings
5.1: Project Management Ongoing ---
5.2: Meeting Attendance Ongoing ---
5.2.1: Weekly City Coordination Meetings Ongoing ---
5.2.2: Public Workshop during Public Review of
EIR
TBD ---
5.2.3: Two City Planning Commission Meetings TBD ---
5.2.4: Two City Council Meetings TBD ---
1 From finalization of project description and receipt of the necessary traffic data associated with Task 2.5.
2 Following receipt of traffic counts and traffic volumes and/or studies for approved and/or pending projects (i.e., cumulative project list). Assuming a start date of 3/12/2024. 3 From close of NOP process.
4 From completion of Partial Administrative Draft EIR.
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T
itle: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 12 6. EXHIBIT "C" - COMPENSATION
6.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of NINE HUNDRED SEVENTY-NINE THOUSAND THREE HUNDRED FIFTY-FOUR DOLLARS AND EIGHTY-EIGHT CENTS ($979,354.88).
Compensation shall be paid per the following schedule and terms.
ENTERPRISE INDUSTRIAL - 2 ENVIRONMENTAL IMPACT REPORTS (EIRs) IPT
Technical Reports $111,746.50
EIR $340,209.13
Western RealCo
Technical Reports $136,331.50
EIR $391,067.75
TOTAL $979,354.88
TE
CHNICAL REPORTS BUDGET SPREADSHEET FOR THE IPT ENTERPRISE BUSINESS CENTER LLC PROJECT (26200 ENTERPRISE WAY)
ENVIRONMENTAL IMPACT REPORT BUDGET SPREADSHEET FOR THE IPT ENTERPRISE BUSINESS CENTER LLC PROJECT (26200 ENTERPRISE WAY)
$77$&+0(17
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T
itle: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 13 T
ECHNICAL REPORTS BUDGET SPREADSHEET FOR THE WESTERN REALCO PROJECTS (26110, 26140, 26160, AND 26250 ENTERPRISE WAY)
$77$&+0(17
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T
itle: Environmental Consulting Services Related to Environmental Impact Reports (EIRs) 14 E
NVIRONMENTAL IMPACT REPORT BUDGET SPREADSHEET FOR THE WESTERN REALCO PROJECTS (26110, 26140, 26160, AND 26250 ENTERPRISE WAY)
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim.
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$77$&+0(17
$77$&+0(17
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RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST, CALIFORNIA,
AMENDING THE 2025-2027 OPERATING
BUDGET; AMENDING APPROPRIATIONS FOR
FISCAL YEAR 2025-26
WHEREAS, the 2025-2027 Operating Budget was adopted by the City Council on June 3, 2025; and
WHEREAS, the appropriations for Fiscal Year 2025-26 were adopted by the City Council on June 3, 2025; and
WHEREAS, modifications are now required as a result of changes during Fiscal Year 2025-26.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
Section 1. The City Council’s adoption of this Resolution is not a project within the meaning of the California Environmental Quality Act.
Specifically, the City’s adoption of the Resolution is an administrative and fiscal function of the City that does not commit the City to any specific project or course of action. (State CEQA Guidelines, sections 15378(b)(4) & (b)(5).) Thus, no environmental review of the Resolution is required. The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption within five working days of the adoption of this Resolution.
Section 2. The General Fund is amended to increase its
Appropriations for Fiscal Year 2025-26 as demonstrated in Exhibit A.
Section 3. The General Fund is amended to increase its Revenue Estimates for Fisal Year 2025-26 as demonstrated in Exhibit A.
Section 4. The Director of Finance is hereby authorized to move appropriations between programs within program area budgets in concurrence with Department Directors.
Section 5. The City Manager is hereby authorized to transfer appropriations from one program area to another or between funds within the Operating Budget with notification to the City Council Audit Committee.
Section 6. The City Manager is hereby authorized to transfer Item: 5
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appropriations from a capital improvement project to another existing project within the adopted Capital Improvement Program with notification to the City Council Audit Committee.
Section 7. The City Clerk shall attest as to the adoption and execution of this Resolution and cause the same to be maintained in the permanent records of the City.
PASSED, APPROVED AND ADOPTED this___ day of__________
2025, by the following vote, to wit:
ATTEST:
SCOTT VOIGTS
MAYOR
THY MERRITT
CITY CLERK
APPROVED AS TO FORM:
MATTHEW RICHARDSON
CITY ATTORNEY
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115
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Thy Merritt, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2025- was duly passed and adopted at a regular meeting of the Lake Forest City Council on the_____ day of ________ 2025, by the following vote, to wit:
AYES: COUNCIL
MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
THY MERRITT
CITY CLERK
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EXHIBIT A
AMENDMENT TO 2025-2027
OPERATING BUDGET
FISCAL YEAR 2025-26
APPROPRIATIONS
General Fund Operating Appropriations
Expenditure
Major Program
Area
Current Budget Increase
(Decrease) Amended Budget
Planning,
Engineering,
Building, and
Safety
$6,883,300 $80,194 $6,963,494
Total $6,963,494
General Fund Revenue Estimates
Fund Name Current Budget Increase
(Decrease) Amended Budget
Charges for
Current Services $3,223,400 $92,223 $3,315,623
Total $3,315,623
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/2/2025
DEPARTMENT: Public Works
SUBJECT:
AWARD OF CONTRACT FOR TRAFFIC ENGINEERING SERVICES
RECOMMENDED ACTION(S):
1. Award a contract with Hartzog & Crabill, Inc. in the amount of $748,800 for Traffic Engineering Services.
2. Authorize the Mayor to sign, and the City Clerk to attest to, the contract for Traffic Engineering Services, substantially in the form attached.
EXECUTIVE SUMMARY:
In anticipation of the expiration of the City’s existing Traffic Engineering Consulting Services contract, the City issued a Request for Proposals (“RFP”) in July 2025 through the OpenGov procurement portal. Nine firms submitted proposals, eight of which met minimum qualifications and advanced to the interview phase.
A Selection Committee, consisting of the Director of Public Works, Assistant Director of Community Development, and Traffic Engineering Manager, conducted a three-phase evaluation that included a technical review, qualifications interviews, and cost analysis. Hartzog & Crabill, Inc. (“HCI”) achieved the highest overall score, demonstrating exceptional technical proficiency, in-depth familiarity with the City of Lake Forest, and extensive experience providing municipal traffic engineering services. Cost proposals were determined to be reasonable and consistent with industry standards.
Staff recommend awarding a not-to-exceed $748,800 contract to HCI for Traffic Engineering Services (Attachment 1). HCI will provide day-to-day support for the City’s traffic engineering operations and perform specialized tasks such as development review, traffic studies, signal operations, Orange County Transportation Authority signal coordination, and Lake Forest Transportation Mitigation Program management.
Funding for this contract is included in the 2025–2027 Operating Budget, developer deposit accounts, encroachment permit revenues, and the Capital Improvement Plan Budget. The Finance Department and City Attorney’s Office Item: 6
118
have reviewed the agreement, and the City Manager is authorized to approve up to ten percent (10%) in additional work in accordance with the City’s Purchasing and Contracting Guidelines.
BACKGROUND:
The Public Works Department utilizes consultant services to provide staff support for the Traffic Engineering Division. These consultants assist the Traffic Engineering Manager with a variety of technical and professional services, including reviewing development plans, conducting traffic studies, preparing design plans, providing construction administration support, identifying and pursuing grant funding opportunities, responding to resident inquiries, and performing other related tasks as needed.
The City’s current Traffic Engineering Consulting Services contract is with Hartzog & Crabill, Inc. (“HCI”). The contract began in December 2020 and is scheduled to conclude on December 31, 2025. Under this agreement, HCI provided day-to-day operational support for the Traffic Engineering Division and completed specific project-based assignments such as the Citywide Engineering and Traffic Survey, completed development reviews, prepared special studies, provided management of the Lake Forest Transportation Mitigation (“LFTM”) Program, performed design services for minor projects, completed construction administration support for Capital Improvement Plan (“CIP”) projects, and provided assistance with grant identification and procurement.
DISCUSSION:
In anticipation of the expiration of the City’s existing traffic engineering consulting services contract, the City Manager approved the issuance of a Request for Proposals (“RFP”) for Traffic Engineering Services in July 2025 through the City’s procurement portal known as OpenGov. The City received proposals from nine firms:
Advantec Consulting Engineers, Inc. (“Advantec”)
Albert A. Webb Associates (“Webb”)
Bowman Consulting Group Ltd. (“Bowman”)
Glenn A. Rick Engineering & Development Company (“Rick Engineering”) Hartzog & Crabill, Inc. (“HCI”)
STC Traffic, Inc. (“STC”)
Transtech Engineers, Inc. (“Transtech”)
W.G. Zimmerman Engineering, Inc. (“Zimmerman”)
Willdan Engineering (“Willdan”)
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Consistent with the City’s Purchasing and Contracting Guidelines, a Selection Committee approved by the City Manager was formed to evaluate the proposals.
The Selection Committee consisted of the Director of Public Works, Assistant Director of Community Development, and Traffic Engineering Manager.
The evaluation process consisted of three phases:
1. Technical Review of the written proposals
2. Qualifications Interviews
3. Cost Proposal Evaluation
During the Technical Review, eight of the nine firms met the minimum qualifications and advanced to the next stage of the process (Table 1). The Technical Review allowed the committee to assess each firm’s capabilities, relevant experience, and approach, and served as the basis for determining which firms would proceed to the interview and cost comparison phases.
Table 1 – Technical Review Phase Scoring
Vendor Evaluator
1 Evaluator
2 Evaluator
3 Total
Score
(Max
Score
100)
Hartzog & Crabill, Inc. 80 90 94 88
ADVANTEC Consulting
Engineers, Inc.
69.5 88.5 78 78.67
STC Traffic, Inc. 70 89.5 60.5 73.33
Albert A. Webb Associates 62.5 78 78 72.83
W.G. Zimmerman
Engineering, Inc.
57.5 70 74 67.17
Transtech Engineers, Inc. 58 73 62.5 64.5
Willdan Engineering 56.5 70 64 63.5
Glenn A. Rick Engineering
& Development Company
56.5 70 57.5 61.33
Bowman Consulting
Group Ltd.
58 63.5 58 59.83
Each firm submitted a time-and-materials cost proposal with hourly rates for key positions, including Project Manager, Traffic Engineer, Associate Engineer, and Administrative Support. Following the interview phase, firms were invited to submit a revised cost proposal. Staff reviewed all proposals and determined that the submitted rates were reasonable and consistent with industry standards and prior City contracts.
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Firms were asked to provide an annual cost proposal based on an estimated annual workload of 1,560 hours. Cost proposals are summarized in Table 2 below.
Table 2 – Cost Proposal Comparison (For Scoring Purposes Only) Vendor Contract
Year 1
Contract
Year 2
Contract
Year 3
Total
Contract
Amount
Hartzog & Crabill,
Inc. $249,600.00 $249,600.00 $249,600.00 $ 748,800.00
Advantec
Consulting
Engineers, Inc.
$212,160.00 $222,768.00 $233,906.40 $ 668,834.40
Albert A. Webb
Associates $384,243.60 $384,243.60 $384,243.60 $1,152,730.80 W.G. Zimmerman
Engineering, Inc. $234,000.00 $245,700.00 $257,992.80 $ 737,692.80 Willdan
Engineering $350,890.80 $350,890.80 $350,890.80 $1,052,672.40 Glenn A. Rick
Engineering &
Development
Company
$358,280.00 $358,280.00 $358,280.00 $1,074,840.00
Transtech
Engineers, Inc. $351,000.00 $366,600.00 $382,200.00 $1,099,800.00 STC Traffic, Inc. $372,309.60 $372,309.60 $372,309.60 $1,116,928.80 Bowman
Consulting Group
Ltd.
(Excluded)
N/A N/A N/A N/A
The interview and cost evaluation phases provided the final determining factors for identifying the top-ranked firm. These steps allowed the committee to further distinguish between highly qualified firms by evaluating their proposed teams, understanding of the project, and overall value. The combined interview and cost scores for the firms are summarized in Table 3.
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Table 3 – Combined Interview and Cost Scoring
Vendor Evaluator 1 Evaluator 2 Evaluator 3
Total
Score
(Max
Score
200)
Hartzog &
Crabill, Inc. 160.8 163.2 179.2 167.73
Advantec
Consulting
Engineers, Inc.
156 148 175.2 159.73
Albert A. Webb
Associates 131 135 154.2 140.07
W.G.
Zimmerman
Engineering, Inc.
132 115.2 144 130.4
Willdan
Engineering 115.4 124.2 144.2 127.93
Glenn A. Rick
Engineering &
Development
Company
121 120.2 137 126.07
Transtech
Engineers, Inc. 108.8 120 117.6 115.47
STC Traffic, Inc. 92.8 111.2 125.6 109.87
Bowman
Consulting Group
Ltd.
(Excluded)
0 0 0 0
During the interview phase, HCI and Advantec scored highest overall, with Webb coming in at third. The top three firms, HCI, Advantec, and Webb, demonstrated strong technical expertise, extensive experience supporting municipal staff, and in-depth knowledge of performing traffic engineering consulting services for various cities in the greater Los Angeles and Orange County areas.
While all firms were found capable of performing the required scope of work, HCI distinguished itself through its familiarity with the City of Lake Forest and its clear demonstration of technical proficiency during the interview process. HCI achieved the highest aggregate score at the conclusion of the evaluation.
Staff conducted a reference check for HCI (Attachment 2). All references were favorable and confirmed the firms’ technical expertise.
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Based on the technical review, interview performance, cost evaluation, and reference checks, staff recommend awarding the Traffic Engineering Services contract to HCI.
HCI is proposed to serve as the main consultant for the City’s day-to-day traffic engineering operations and as needed specialized tasks, including:
Technical review of development and jurisdictional projects Preparation of traffic studies and analyses
Support for Capital Improvement Plan (“CIP”) projects
Development and evaluation of traffic policies and procedures Review of traffic control plans and field conditions
Assistance with resident inquiries and traffic concerns Lake Forest Transportation Mitigation (“LFTM”) Program management Foothill Circulation Phasing Plan updates
OCTA traffic signal synchronization projects
Traffic signal maintenance and operations
Traffic accident investigations
School circulation evaluations and crossing guard warrant analyses Staff recommends awarding HCI the proposed three-year Professional Services Agreement for Traffic Engineering Services with a not-to-exceed compensation amount of $748,800. The proposed amount is based on the cost proposal analysis, historical expenditures, available budget, and anticipated needs for future fiscal years. The City is under no obligation to expend the full contract amount.
Consistent with the City’s Purchasing and Contracting Guidelines, the Finance Department prepared the contract, and the City Attorney’s Office reviewed and approved it as to form. The City’s standard agreement authorizes the City Manager to approve additional work up to ten percent (10%) of the total contract amount.
FISCAL IMPACT:
The proposed contract provides for a three-year term with two optional one-year term extensions. Funding would consist of three sources:
1. City's 2025-2027 Operating Budget,
2. Deposits collected from project applicants for private developments and encroachment permits, and;
3. City’s 2025-2027 Capital Improvement Plan (“CIP”) project budget.
Sufficient funds exist in the 2025-2027 Operating Budget.
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ATTACHMENTS:
1. Proposed Contract Agreement with Hartzog & Crabill, Inc.
2. Reference Check
Initiated By: Tran Tran, Traffic Engineering Manager
Submitted By: Douglas Erdman, Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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Attachment 1
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TRAFFIC ENGINEERING SERVICES
(2025-080)
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
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City of Lake Forest
Professional Consultant Services Agreement
Traffic Engineering Services
I. PARTIES AND DATE. ..............................................................................
II. RECITALS. ..............................................................................................
III. TERMS...................................................................................................
IV. SIGNATURES. ........................................................................................
V. EXHIBIT "A" SCOPE OF SERVICES ...........................................................
VI. EXHIBIT "B" - SCHEDULE OF SERVICES ..................................................
VII. EXHIBIT "C" - COMPENSATION ..............................................................
VIII. EXHIBIT "D" - INSURANCE REQUIREMENTS ...........................................
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Title: Traffic Engineering Services
3 1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California 92630 (“City”) and Hartzog & Crabill, Inc., a CaliforniaCorporation (Inc.) , with its principal place of business at 17821 E. 17th Street, Suite 245, Tustin, CA 92780 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
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Title: Traffic Engineering Services
4 2. RECITALS.
2.1. Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional Traffic Engineering consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Traffic Engineering consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2. Project.
City desires to engage Consultant to render such professional Traffic Engineering consulting services ("Project") as set forth in this Agreement.
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Title: Traffic Engineering Services
5 3. TERMS.
3.1. Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Traffic Engineering Services consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from January 1, 2026 to December 30, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms.
Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2. Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
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Title: Traffic Engineering Services
6 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Scott Ma, Project Manager.
3.2.5 City's Representative. The City hereby designates Debra Rose, City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Scott Ma, Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the
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Title: Traffic Engineering Services
7 adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other
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8 municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in Section 3.2.12.2 of this Agreement, Consultant must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Lake Forest Local Implementation Plan (“LIP”) and the applicable Water Quality Management Plan (“WQMP”). The DAMP contains requirements related to design and construction of public projects. Consultant must be familiar the DAMP, and the LIP and comply with the requirements as specified therein.
A copy of the DAMP is available on the internet at:
http://www.ocwatersheds.com/documents/damp/mapplan
A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/296/Local-Implementation-Plan-LIP
3.2.12.4 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.12.2 and 3.2.12.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement, or any other relevant water quality law, regulation, or policy. regulation, or policy.
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9 3.3. Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed SEVEN HUNDRED FORTY-EIGHT THOUSAND AND EIGHT HUNDRED DOLLARS ($748,800.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4. Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
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10 agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.5. Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6. General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Hartzog & Crabill, Inc.
17821 E. 17th Street, Suite 245
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11 Tustin, CA 92780
ATTN: Scott Ma, Project Manager
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.2 Ownership of Materials and Confidentiality.
3.6.2.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5)
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12 working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non- appealable order by a court of competent jurisdiction requires that City release such information.
3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reason¬able attorney's fees and all other costs of such action.
3.6.5 Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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13 3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant¬, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment
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14 because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7. Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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15 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST Hartzog & Crabill, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Scott Voigts
Mayor
By: [VENDOR SIGNATURE 1]
Gerald J. Stock
Executive Vice President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Thy Merritt
City Clerk
By: [VENDOR SIGNATURE 2]
Todd Hartzog
Vice-President Treasurer
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
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16 5. EXHIBIT "A" SCOPE OF SERVICES
5.1. EXHIBIT "A" SCOPE OF SERVICES
Consultant shall provide the following Traffic Engineering Services professional consulting services:
Independently provide project-based, technical support on an as-needed basis in the area of traffic engineering and transportation planning. The Consultant will operate as an independent professional, exercising their own professional judgment and methods in delivering agreed-upon work products and services.
A. General Traffic Engineering Services (As Requested)
Services may include:
x Technical Consultation
Provide expert technical insights on transportation and traffic engineering issues. Participate in strategy sessions and advisory meetings, when requested. x Project and Study Review
Independently evaluate regional and local traffic or transportation projects that may affect the City.
This may include traffic impact analysis and coordination recommendations. x Community and Stakeholder Input
Support the City’s public engagement efforts by providing input on traffic-related inquiries or attending community meetings by request.
x Traffic Modeling & Program Assistance
Deliver recommendations or technical guidance related to the City’s transportation mitigation and modeling programs, including interpretation of model outputs. x Policy and Technical Report Preparation
Prepare reports, memos, and other deliverables documenting traffic engineering findings or recommendations as specified by the City.
x Meeting Participation
Participate in public hearings, commissions, or City Council meetings only when required for specific deliverables, and represent your professional opinions or findings independently.
B. Capital Improvement Project (CIP) Consultation
Consultant may be asked to:
x Review technical plans related to traffic improvements or signal coordination projects. x Provide written recommendations on traffic components of CIP design or implementation efforts. x Coordinate independently with outside agencies for specific project scopes when authorized by the City.
C. Development Project Review
Services may include:
x Independently reviewing site plans, traffic studies, and related development submittals for conformance with City requirements.
x Preparing written comments or recommendations related to traffic impact or mitigation strategies.
D. Grant Support and Strategic Input
As mutually agreed upon:
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17 x Assist in identifying relevant grant opportunities and drafting technical sections of funding applications focused on transportation or traffic safety projects.
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18 6. EXHIBIT "B" - SCHEDULE OF SERVICES
6.1. EXHIBIT "B" - SCHEDULE OF SERVICES
The Consultant shall provide the services described in Exhibit “A” Scope of Services as directed by the City and as stipulated below:
Service Schedule and Engagement Terms
x Services shall be provided on a project/task-order basis, initiated through written requests from the City.
x The Consultant is expected to operate independently, using their own tools, methodologies, and time management practices, subject to agreed deadlines. x While the City anticipates intermittent support throughout the year, the actual volume and timing of work will vary and will be determined by individual task orders. No minimum number of hours is guaranteed.
x Consultant is responsible for managing their own workflow, subcontractors (if any), and internal quality control processes.
Work Location and Flexibility
x Remote Work: Consultant(s) is/are free to perform work from their own office or location unless on- site presence is specifically required for a task or meeting. x On-Site Work: Limited in-person presence at Lake Forest City Hall may be requested on a case-by- case basis and will be coordinated in advance.
The City will provide access to necessary project data, documents, and communication platforms as needed to facilitate the completion of deliverables. No City equipment or permanent workspace will be assigned.
Compensation
x Compensation will be based on hourly rates by classification, submitted in the cost proposal. x The City will not provide employee benefits, set schedules, or control work methods—only deliverable expectations, deadlines, and access to relevant project data.
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19 7. EXHIBIT "C" - COMPENSATION
7.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of SEVEN HUNDRED FORTY-EIGHT THOUSAND AND EIGHT HUNDRED DOLLARS ($748,800.00). Compensation shall be paid per the following schedule and terms.
Line Item Description / Classifications Unit of Measure Total Cost 1 Traffic Engineering Services (Year 1) Annually $249,600.00 2 Traffic Engineering Services (Year 2) Annually $249,600.00 3 Traffic Engineering Services (Year 3) Annually $249,600.00 TOTAL $748,800.00
SCHEDULE OF HOURLY RATES
Note: Not all listed classifications may apply.
Line Item Description / Classifications Unit of Measure Unit Cost 1 Project Manager / Program Manager Hourly $160.00
2 Expert Witness / Deposition Hourly $300.00
3 Litigation Consultation Hourly $270.00
4 Two-Person Survey Crew Hourly $270.00
5 Litigation Field Evaluation Hourly $245.00
6 Principal Civil / Traffic Engineer Hourly $190.00
7 Registered Land Surveyor Hourly $175.00
8 Senior Civil / Traffic Engineer Hourly $165.00
9 Associate Engineer Hourly $160.00
10 Construction Manager Hourly $150.00
11 Traffic Signal System Supervisor Hourly $150.00
12 Senior Designer Hourly $145.00
13 Traffic Signal Systems Specialist Hourly $140.00
14 Assistant Engineer Hourly $135.00
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20 15 Draftsperson (CAD) Hourly $115.00
16 Technician Hourly $100.00
17 Administrative Assistant Hourly $85.00
18 Traffic Counts / Data Collection (Cost, plus
markup percentage) Markup Percentage 15.00%
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim.
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21 8. EXHIBIT "D" - INSURANCE REQUIREMENTS
8.1. EXHIBIT "D" - INSURANCE REQUIREMENTS
1.1.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence.
(C) Workers’ Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
1.1.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
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22 (A) Commercial General Liability
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions):
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self- insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
1.1.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a
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Title: Traffic Engineering Services
23 loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
1.1.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
1.1.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
1.1.10 Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
1.1.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
1.1.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its
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Title: Traffic Engineering Services
24 officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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Attachment 2
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Contact #1: Contact #2: Contact #3:
Agency: City of Laguna Hills City of Hermosa Beach City of Yorba Linda Contact Info: Joe Ames Joe SanClemente Tony Wang
QUESTIONS RESPONSE RESPONSE RESPONSE
1. What were the services
performed?
Traffic and engineering
studies (warrant analysis
for stop signs, signals,
speed-related issues, and
Traffic Commission
requests for review; review
of private development
parking and trip generation
studies), traffic signal
operations, traffic counts
and speed surveys
On-call Transportation
Planning and Traffic
Engineernig
Traffic signal
operations
2. How would you rate the quality
of work? Very good Very good Very good
3. Did the firm meet all
deadlines? (Yes/No) Yes Yes Yes
4. Was day-to-day
communication with the firm
satisfactory? (Yes/No)
Yes
Yes. We have a Hartzog
staff member in-person in
our office one day per
week and receive othe as-
needed assistance.
Yes
5. Were there any issues with the
firm? (Yes/No) (If Yes, please
explain.)
No No No
6. Do you have any additional
comments or information
regarding your experience with
the firm?
Hartzog & Crabill has been
the primary traffic
engineering and traffic
signal operations firm used
by the City of Laguna Hills
since 1991. Due to their
expertise, the City recently
renewed their contract for
providing services for
another three years.
My experince with Hartzog
is primarily limited to Scott
Ma who is our main contact
and handles all of our
traffic needs. He has an in
depth knowledge of our city
which has been valuable.
Occasionally, they
need to be reminded of
upcoming deadlines.
DATE: November 19, 2025
CITY OF LAKE FOREST
DEPARTMENT OF PUBLIC WORKS
Traffic Engineering Consulting Services
HARTZOG & CRABILL, Inc. ("HCI")
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/2/2025
DEPARTMENT: Public Works
SUBJECT:
ACCEPTANCE OF TOLL BROTHERS IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT 19128
RECOMMENDED ACTION(S):
1. Accept as complete the tract improvements and monumentation constructed by Toll Brothers West Inc., a Delaware corporation, for Tract 19128.
2. Authorize the City Clerk to release the Subdivision Faithful Performance and Subdivision Labor and Materials Bonds, both in the amount of $535,206.17, and the Subdivision Improvement Monumentation Bond in the amount of $38,100.
3. Authorize the City Clerk to release the Subdivision Improvement Warranty Bond in the amount of $53,520.61 one year after acceptance of the public improvements for Tract 19128 with the concurrence of the Acting Director of Public Works/City Engineer.
EXECUTIVE SUMMARY:
On August 17, 2021, the City Council approved Final Tract Map No. 19128 (Attachment 1) for a 115-numbered and 26-lettered lot subdivision, and a Subdivision Improvement Agreement with Toll Brothers West, a Delaware corporation (“Toll”). These approvals enabled Toll to construct 114 single-family homes and a neighborhood park (lot 115). Of the twenty-six lettered lots, fourteen are for open space and landscape purposes, ten are for private street purposes, one is for private driveway purposes, and one is for open space/trail purposes. The Homeowners Association (“HOA”) will maintain all twenty-six lettered lots.
In accordance with the agreement, Toll submitted a Subdivision Improvement Faithful Performance Bond and a Subdivision Improvement Labor and Materials Bond, both in the amount of $535,206.17 to guarantee construction of the tract improvements. These improvements include streets, curb and gutter, sidewalks, streetlights, and the common open space improvements. All improvements are private and will be maintained by the HOA. Toll also submitted a Subdivision Item: 7
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Improvement Monumentation Bond in the amount of $38,100 to establish monuments for the tract.
Lastly, Toll submitted a Subdivision Improvement Warranty Bond in the amount of $53,520.61 to guarantee repair or replacement of the tract improvements for defective work for a one-year period after acceptance of the improvements. On March 24, 2025, the City received two letters from Toll requesting release of bonds associated with the tract improvements and monumentation for Tract 19128 (Attachment 2). There were several items required of Toll before the City would accept the improvements. These included repairs to concrete and asphalt improvements. Staff determined the tract improvements now comply with the approved plans and are completed to the satisfaction of the Public Works Department. The HOA will maintain all tract improvements.
Toll’s engineer, Hunsaker & Associates, provided a letter dated February 10, 2025, stating that all survey monuments required by Tract 19128 were set and that they were paid for the work (Attachment 3). Staff recommend the City Council accept the completed improvements and monumentation for Tract 19128 and authorize the release of the Subdivision Improvement Faithful Performance, Subdivision Improvement Labor and Materials, and the Subdivision Improvement Monumentation Bonds. Staff also recommend the City Council authorize the City Clerk to release the Subdivision Improvement Warranty Bond one year after acceptance of the improvements with the concurrence of the Director of Public Works/City Engineer.
FISCAL IMPACT:
There is minimal fiscal impact as the HOA will maintain all improvements.
ATTACHMENTS:
1. Tract Map for Approved Tract 19128
2. Letters From Toll Brothers
3. Letter From Hunsaker & Associates
Initiated By: Naz Mokarram, Capital Improvement Program Manager Submitted By: Douglas Erdman, Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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Attachment 1
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/2/2025
DEPARTMENT: Community Development
SUBJECT:
URGENCY ORDINANCE AMENDING LAKE FOREST MUNICIPAL CODE
SECTION 9.146.050 RELATING TO ACCESSORY DWELLING UNITS
RECOMMENDED ACTION(S):
1. Find that the adoption of the proposed urgency ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code § 21080.17.
2. Waive full reading and adopt by title only an urgency ordinance entitled:
“AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST AMENDING SECTION 9.146.050 OF THE LAKE FOREST
MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS TO COMPLY WITH
RECENT CHANGES IN STATE LAW, AND FINDING THE ACTION TO BE
STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES
CODE § 21080.17.”
EXECUTIVE SUMMARY:
The proposed urgency ordinance will amend § 9.146.050 of the Lake Forest Municipal Code to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”). Except as otherwise noted, these new laws take effect on January 1, 2026. The proposed ordinance is an urgency measure, which means it will take effect immediately upon adoption. Without the urgency ordinance, the City’s entire existing ADU ordinance becomes void as a matter of law, and the City would have to allow ADUs subject to only the few requirements imposed in the state ADU law.
The urgency ordinance will be followed at the earliest possible time by a non- urgency ordinance subject to all normal procedures, including noticed public hearings by the Planning Commission and City Council. A Planning Commission hearing is scheduled for December 4, 2025, to be followed by a City Council public hearing in January 2026. Once the non-urgency ordinance takes effect, the urgency ordinance will expire.
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BACKGROUND:
In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that impose new limits on local authority to regulate ADUs and JADUs. In late 2025, four new bills were enacted that further amend state ADU law as summarized below.
DISCUSSION:
Assembly Bill (“AB”) 1154 – JADU Owner-Occupancy and Short-Term Rental Existing state law requires a property owner to reside in the JADU or the remaining portion of the single-family dwelling. AB 1154 narrows this requirement to now only apply when a JADU shares sanitation facilities (bathroom) with the single-family dwelling. If the JADU has its own bathroom, then the property owner does not have to reside on the property.
AB 1154 also expressly prohibits JADUs from being used as short-term rentals (i.e., rented for a term shorter than 30 days.). The City’s ADU ordinance already included this prohibition, but now it is prohibited by state law.
Senate Bill (“SB”) 9 and SB 543 – ADU Ordinance Submittal to HCD - Approval
Under existing law, local agencies are required to submit a copy of its ADU ordinance to the California Department of Housing and Community Development (“HCD”) within 60 days of adoption.
This year, SB 9 and SB 543 create a penalty for failing to do so by rendering null and void any local ordinance that is not submitted to HCD within 60 days of adoption.
SB 543 – ADU Size, Number of ADUs, Impact Fees, and Permitting Timeline SB 543 also makes numerous changes and clarifications to state ADU law, the most notable of which are summarized below.
1. ADU & JADU Size Clarification
Existing law limits a JADU to 500 square-feet (“sq. ft.”) and prohibits local ADU ordinances from imposing development standards that would prevent an ADU from being at least 800 sq. ft.
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SB 543 now specifies that the allowable square footage of an ADU or JADU refers to square footage of “interior livable space.”
2. Impact Fees
Existing law exempts ADUs that are 750 sq. ft. or smaller from development impacts fees (“DIFs”).
SB 543 clarifies that DIFs may not be imposed on an ADU that has 750 or fewer sq. ft. of interior livable space or on any JADU. The bill also exempts an ADU or JADU with fewer than 500 sq. ft. of interior livable space from school impact fees.
3. Quantity of ADUs Created Under Government Code § 66323 Existing state law creates four categories of ADUs that must be approved if they comply with the limited standards provided in Government Code § 66323(a)(1)–(4). These are:
(1) a converted ADU and JADU created on a lot with a proposed or existing single-family dwelling;
(2) a detached ADU created on a lot with a proposed or existing single-family dwelling;
(3) converted ADUs created in an existing multifamily dwelling; and (4) detached ADUs created on a lot with a proposed or existing multifamily dwelling.
For some time, there has been uncertainty as to whether ADUs created under Government Code § 66323 could be combined. Some practitioners interpreted the statute as not requiring local agencies to allow combinations. Initially, HCD took the same position in its 2020 ADU Handbook. However, for the last few years, HCD has taken the opposite position, finding that combinations are permitted.
SB 543 codifies HCD’s most recent interpretation by amending Government Code § 66323 to specifically allow combinations. Thus, a multifamily dwelling can now build a converted ADU or ADUs under § 66323(a)(3), as well as detached ADUs under § 66323(a)(4); and a single-family dwelling can now include a converted ADU and a JADU under § 66323(a)(1), as well as a detached ADU under § 66323(a)(2).
4. ADU Permitting Timeline
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law was silent with respect to incompleteness determinations, subsequent resubmittals, and appealing local decisions on ADU applications.
SB 543 requires local agencies to:
determine whether an ADU application is complete within 15 business days of submittal;
if the application is incomplete, within the same 15 days provide the applicant with a list of incomplete items and how to address them; review a resubmitted application for completeness within 15 business days; provide the applicant with a written appeal process for any incompleteness determination or denial (to the Planning Commission); and provide a final written determination on the appeal within 60 business days.
AB 462 – Coastal Development Permits; Disaster-Affected Areas The City of Lake Forest is affected by only some provisions of AB 462. The bill primarily modifies several permitting requirements associated with processing Coastal Development Permits for ADUs located in the Coastal Zone. These changes will not affect the City.
Where AB 462 will affect the City is the modifications to the rules governing the issuance of a certificate of occupancy (“CofO”) for an ADU. Historically, state law has prohibited local agencies from issuing a CofO for an ADU before one is issued for the primary dwelling (i.e., the primary dwelling must have a CofO before the ADU can receive one). AB 462 creates a narrow exception to this prohibition for detached ADUs when all of the following conditions are satisfied:
(1) the Governor has declared a state of emergency for the county on or after February 1, 2025; (2) the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation; and (3) the ADU has been issued construction permits and passed all required inspections. If these conditions are satisfied, the detached ADU can receive a CofO before the primary dwelling. In all other scenarios, the primary dwelling still needs a CofO before one can be issued for an ADU.
AB 462 was enacted as an urgency measure that took effect immediately when signed by the Governor (on October 10, 2025).
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NEXT STEPS:
AB 462 took effect immediately when signed, but technically it does not require any change to a local ordinance; the City just needs to follow the new rules for issuance of a CofO. The remaining bills take effect on January 1, 2026, and for the City’s ADU ordinance to remain valid and enforceable, it must comply with requirements of these bills by January 1, 2026, or the City’s entire existing ADU ordinance becomes null and void as a matter of law, and the City will have to allow ADUs with no regulation except for the few requirements imposed in the state ADU law itself. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, and driveways, among other things, would impact the character of existing neighborhoods and negatively affect property values, personal privacy, and public safety.
Therefore, the proposed ordinance is an urgency measure, which means it will take immediate effect upon adoption. Typically, an ordinance affecting planning and zoning is approved by the Council after a Planning Commission recommendation, a first reading and introduction before the Council, and then a second reading at a regular Council meeting — with the ordinance taking effect 30 days following adoption. In this instance, it is necessary for the City Council to adopt this ordinance as an urgency measure because the new ADU laws will take effect on January 1, 2026, before a non-urgency adoption would take effect.
The urgency ordinance will be followed at the earliest possible time by a non- urgency ordinance subject to all normal procedures.
For the above reasons, staff recommend the City Council adopt the proposed urgency ordinance (Attachment 1), which will ensure that the City’s ADU ordinance remains valid on January 1, 2026.
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 Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law. 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.
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ATTACHMENTS:
1. Draft Urgency Ordinance
Exhibit “A” Code Amendments
2. Redline of Code Amendments
Initiated By: Michael Ervin, Assistant City Attorney; Ron Santos, Senior Planner
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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URGENCY ORDINANCE NO. ________
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST AMENDING SECTION
9.146.050 OF THE LAKE FOREST MUNICIPAL CODE
RELATING TO ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS TO COMPLY
WITH RECENT CHANGES IN STATE LAW, 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 2025, the California Legislature approved, and the Governor signed into law, further amendments to state ADU law; and
WHEREAS, new updates to state ADU law take effect January 1, 2026, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the most recent changes to state law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of bills updating state ADU law because if the City’s ordinance does not comply with this legislation by January 1, 2026 — and the City’s ADU ordinance becomes null and void in its entirety — the City would be required to approve ADUs and JADUs in accordance with the few default standards that are imposed by Chapter 13 of Division 1 of Title 7 of the California Government Code, which is the state ADU law; and
WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, and landscape, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and public safety. These threats to public Item: 8
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safety, health, and welfare justify adoption of this Ordinance as an urgency ordinance, to be effective immediately upon adoption by a four-fifths vote of the City Council; and WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b).
NOW, THEREFORE, the City Council of the City of Lake Forest does ordain as follows:
Section 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law.
Therefore, adoption of the urgency Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
Section 3. Urgency Findings. Given the foregoing, the City Council hereby finds there is a current and immediate threat to the public health, safety, and welfare insofar as ADUs may be approved without due consideration of appropriate and tailored local regulations governing unit size, height, building separation, among other things, that would negatively impact neighborhood character, personal privacy, and public safety.
Adopting this Ordinance as an urgency measure effectuates the foregoing and protects the public health, safety and welfare by enabling the City to review and approve attached ADUs in a manner that harmonizes its responsibilities to Lake Forest residents with its obligations to approve ADUs under State ADU Law.
Section 4. General Plan. The City Council hereby finds that the adoption of the urgency 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.
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Section 5. Code Amendment. Section 9.146.050 of the Lake Forest Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached hereto and incorporated herein by reference.
Section 5. Effective Date. This Ordinance was adopted by the necessary four- fifths vote of the members of the City Council pursuant to Government Code sections 36934 and 36937 and takes effect immediately upon its adoption.
Section 6. HCD Submittal. In accordance with Government Code sections 66326 and 66333.5, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.
Section 7. Publication. The City Clerk certifies that this Ordinance was adopted by the City Council at a regular meeting on December 2, 2025.
Section 8. 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, 100 Civic Center, Lake Forest, California 92630.
Section 9. 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 2 nd day of December, 2025 by the following vote:
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__________________________________
SCOTT VOIGTS
MAYOR
ATTEST:
________________________________
THY MERRITT
CITY CLERK
APPROVED AS TO FORM:
________________________________
MATTHEW E. RICHARDSON
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Thy Merritt, City Clerk of the City of Lake Forest, do hereby certify that the foregoing Ordinance No. ____ was duly adopted and passed at a regular meeting of the Lake Forest City Council on the 2nd day of December, 2025, by the following roll-call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
THY MERRITT
CITY CLERK
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EXHIBIT A
Amended ADU Regulations
(follows this page)
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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 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:
1. "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
2. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
3. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
4. "Director" means the Director of Community Development.
5. "Efficiency kitchen" means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
6. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
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a. It is no more than 500 square feet of interior livable space in size. b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single- family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection (C)(5) above.
7. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
8. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
9. “Multifamily dwelling” means any structure with two or more attached dwellings on a single lot (e.g., apartments, attached townhomes, row houses).
10. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
11. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
12. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
13. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
14. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D.Approvals. The following approvals apply to ADUs and JADUs created under this section:
1.Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The City will review and approve permit applications in accordance with subsection (D)(3) below.
2.Processing Fee. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s Item: 8
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ADU ordinance. The ADU-permit processing fee is determined by the Director and approved by the City Council by resolution.
3.Process and Timing.
a.Completeness.
i.Determination in 15 days. The City will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the City receives the application submittal. ii.Incomplete items. If the City’s determination under subsection (D)(3)(a)(i) above is that the application is incomplete, the City’s notice must list the incomplete items and describe how the application can be made complete.
iii.Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the City to be incomplete.
iv.Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the City will determine in writing whether the additional information remedies all the incomplete items that the City identified in its original notice. The City may not require the application to include an item that was not included in the original notice.
v.Deemed complete. If the City does not make a timely determination as required by this subsection (A), the application or resubmitted application is deemed complete for the purposes of subsection (D)(3)(c) below.
vi.Appeal of incompleteness. An applicant may appeal the City’s determination that the application is incomplete by submitting a written appeal to the City Clerk. The Planning Commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal. b.No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing. c.Deadline to approve or deny ministerial approvals. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a complete application. If the City has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
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i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. d.Denial. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60- day time period established by subsection (D)(3)(c) above. e.Appeal of denial. An applicant may appeal the City’s denial of the application by submitting a written appeal to the City Clerk. The Planning Commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
f.Concurrent review of demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
E.Classes.
1.Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code Section 66323. If an ADU or JADU complies with each of the general requirements in subsection (F) below, it is allowed in each of the scenarios provided in this subsection (E)(1). An ADU and JADU approved under subsection (E)(1)(a) may be combined with an ADU approved under subsection (E)(1)(b), and ADUs approved under subsection (E)(1)(c) may be combined with ADUs approved under subsection (E)(1)(d).
a.Converted on Single-Family Lot. One ADU (as described in this subsection (E)(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; 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; and Item: 8
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ii. Has exterior access that is independent of that for the single-family dwelling; and
iii. Has side- and rear-yard setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of Government Code Sections 66333 through 66339.
b.Limited Detached on Lot with Single-Family. One detached, new- construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet of livable space or smaller. iii. The peak height above grade does not exceed the applicable height limit provided in subsection (F)(2) below.
c.Converted on Lot with Multifamily. One or more 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, if each converted ADU complies with state building standards for dwellings. Under this subsection (E)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. d.Limited Detached on Lot with Multifamily. 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 all of the following:
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 (F)(2) below.
iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
2.Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code Section 66314–66322. Except for Class 1 ADUs approved under subsection (E)(1) above, all ADUs are subject to the standards set forth in subsections (F) and (G) below.
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F. General Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:
1.Zoning.
a. A Class 1 ADU approved under subsection (E)(1) above may be created on a lot in a residential or mixed-use zone.
b. A Class 2 ADU approved under subsection (E)(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.
2.Height.
a. Except as otherwise provided by subsections (F)(2)(b) and (F)(2)(c) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (F)(2)(d) may not exceed two stories. e. For purposes of this subsection (F)(2), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
3.Fire Sprinklers.
a. Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.
b. The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
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4.Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
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).
6.Septic System. If the ADU or JADU will connect to an on-site waste-water treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
7.Owner Occupancy.
a.ADUs. ADUs are not subject to an owner-occupancy requirement. b.JADUs.
i.Generally. As required by state law, JADUs are generally 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.
ii.Exceptions. The owner-occupancy requirement in this subsection (F)(7)(b) does not apply in either of the following situations:
I. The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).
II. The property is entirely owned by another governmental agency, land trust, or housing organization.
8.Deed Restriction. Prior to issuance of a certificate of occupancy 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:
a. The JADU may not be sold separately from the primary dwelling. b. The JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
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d. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.
9.Building and Safety.
a.Must comply with building code. Subject to subsection (F)(9)(b) below, all ADUs and JADUs must comply with all local building code requirements.
b.No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (F)(9)(b) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
10.Certificate of Occupancy Timing.
a.Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. b.Limited Exception for State-declared Emergencies. Notwithstanding subsection (F)(10)(a) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
(i) The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.
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(ii) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency
proclamation.
(iii) The ADU has been issued construction permits and has passed all required inspections.
(iv) The ADU is not attached to the primary dwelling.
G.Specific ADU Requirements. The following requirements apply only to Class 2 ADUs approved under subsection (E)(2) above. This subsection (G) does not apply to Class 1 ADUs or JADUs approved under subsection (E)(1) above.
1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection (G) is 850 square feet of interior livable space for a studio or one bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
c. No application of the percent-based size limit in subsection (G)(1)(b) above or of a front yard setback requirement may require the ADU to be less than 800 square feet of interior livable space.
2.Setbacks.
a. ADUs that are subject to this subsection (G) must conform to a 25-foot front-yard setback, subject to subsection (G)(1)(c) above. b. An ADU that is subject to this subsection (G) must conform to four-foot side- and rear-yard setbacks.
c. No setback is required for an ADU that is subject to this subsection (G) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
3. Passageway. No passageway, as defined by subsection (C)(11) above, is required for an ADU.
4.Parking.
a.Generally. One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(14) above. b.Exceptions. No parking under subsection (G)(4)(a) is required in the following situations:
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i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(13) above.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (G)(4)(b)(i) through (v) above.
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.
d.Driveway. The ADU and primary dwelling must use the same paved driveway for vehicular access between the street and any spaces provided for off-street parking, whether open or enclosed, including any garage. An existing driveway serving the primary residence may be widened to accommodate any new parking space serving the ADU, provided that the maximum width of the driveway does not exceed 30 feet or 60% of the width of the lot, whichever is greater. For purposes of determining the maximum driveway width, the width of the lot is measured along the property line over which driveway access from the street is provided. All driveways must have a minimum depth of 18 feet on private property.
e. Each unenclosed parking space shall be at least nine feet wide and 18 feet long.
f. Each parking space that is provided in an enclosed garage shall be at least 10 feet wide and 20 feet long and have at least seven and one-half (7 1/2) feet vertical clearance.
5.Architectural Requirements.
a. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
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b. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction.
H. Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections (E)(1) or (E)(2) above.
1.Impact Fees.
a. No impact fee is required for a JADU or for an ADU that has less than 750 square feet of interior livable space. For purposes of this subsection (H)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
b. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code Section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code Section 17620.
c. Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
2.Utility Connection and Fees.
a. If an ADU or JADU is constructed with a new single-family home, a separate gas and electric utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b. Except as described in subsection (H)(2)(a), JADUs and converted ADUs on a single-family lot that are created under subsection (E)(1)(a) above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this section.
c. Except as described in subsection (H)(2)(a), all ADUs that are not covered by subsection (H)(2)(b) require a new, separate gas and electricity utility connections directly between the ADU and the utility.
i. The connections are subject to a connection fee that is proportionate to the burden created by the ADU, based on floor area.
ii. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
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I. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1.Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
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 or JADU 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.
i. Notwithstanding subsection (I)(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. ii. Subsection (I)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.
J.Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective standards set forth in subsections (A) through (I) of this section may be allowed by the City with a use permit, in accordance with Chapter 9.184 of this Code.
K.Parcels Created Under Government Code Section 66499.41. Notwithstanding anything to the contrary set forth in this section, no ADU or JADU may be created on a parcel resulting from a subdivision under Government Code Section 66499.41. (Gov. Code, § 66499.41(g).)
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ATTACHMENT 2
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(Note: additions are in underline, deletions in strikethrough) § 9.146.050. A ccessory 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 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:
1. "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
2. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
3. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
4. "Director" means the Director of Community Development.
5. "Efficiency kitchen" means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
6. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
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a. It is no more than 500 square feet of interior livable space in size. b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single- family structure.
c. It includes its own separate sanitation facilities o r shares sanitation facilities with the existing or proposed single-family structure. d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as def ined in th is sectionsubsection (C)(5) above.
7. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation as defined by Section 66313 of the California Government Code.
8. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
9. "Multifamily dwelling" means any structure with two or more attached dwellings on a single lot (e.g., apartments, attached townhomes, row houses).
10. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
11. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
12. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
13. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
14. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D. Approvals. The following approvals apply to ADUs and JADUs created 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:
1. Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The City will review and approve permit applications in accordance with subsection (D)(3) below.
2. Processing Fee. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s Item: 8
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ADU ordinance. The ADU-permit processing fee is determined by the Director and approved by the City Council by resolution.
3. Process and Timing.
a. Completeness.
i. Determination in 15 days. The City will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the City receives the application submittal.
ii. Incomplete items. If the City’s determination under subsection (D)(3)(a)(i) above is that the application is incomplete, the City’s notice must list the incomplete items and describe how the application can be made complete.
iii. Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the City to be incomplete.
iv. Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent subm ittal the C ity will determine in writing whether the additional information remedies all the incomplete items that the City identified in its original notice. The City may not require the application to include an item that was not included in the original notice.
v. Deemed complete. If the City does not make a timely
determination as required by this subsection (A), the application or resubmitted application is deemed complete for the purposes of subsection (D)(3)(c) below.
vi. Appeal of incompleteness. An applicant may appeal the City’s determination that the application is incomplete by submitting a written appeal to the City Clerk. The Planning Commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal. b. No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing. c. Deadline to approve or deny ministerial approvals. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the C ity receives a complete application. If the City has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60- day time period is tolled for the period of the requested delay, or ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single -family or multifamily dwelling on the lot, the City may delay acting on the Item: 8
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permit application for the ADU or JADU until the City acts on the permit application to create the new single -family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
d. Denial. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (D)(3)(c) above. e. Appeal of denial. An applicant may appeal the City’s denial of the application by submitting a written appeal to the City Clerk. The Planning Commission will review the written appeal and affirm or reverse the denial and provide a final written determinat ion to the applicant within 60 business days after receipt of the appeal. f. Concurrent review of demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
E. Classes.
1. Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code Section 66323. If an ADU or JADU complies with each of the general requirements in subsection (F) below, it is allowed in each of the scenarios provided in this subsection (E)(1). An ADU and JADU approved under subsection (E)(1)(a) may be combined with an A DU approved under subsection (E)(1)(b), and ADUs approved under subsection (E)(1)(c) may be combined with ADUs approved under subsection (E)(1)(d). a. Converted on Single-Family Lot. One ADU (as described in this subsection (D)(1)(a)(E)(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.; and
ii. Has exterior access that is independent of tha t for the single - family dwelling.; and
iii. Has side- and rear-yard setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with all the requirements of Government Code Sections 66333 through 66339.
b. Limited Detached on Single-Family Lot with Single -Family. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be Item: 8
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established on the lot under subsection (D)(1)(a) of this section) , if the detached ADU complies withsatisfies each of the following limitations:
i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet of livable space or smaller. iii. The peak height above grade does not exceed the applicable height limit provided in subsection (E)(2)(F)(2) below. c. Converted on Multifamily Lot with Multifamily. One or more 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, if each converted ADU complies with State state building standards for dwellings. Under this subsection (D)(1)(c)(E)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 % percent of the existing multifamily dwelling units.
d. Limited Detached on Multifamily Lot with Multifamily. 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 all of 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)(F)(2) below. iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs shall does not exceed the number of primary dwelling units on the lot.
2. Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code S ection 66314–66322. Except for Class 1 ADUs approved under subsection (E)(1) above, all ADUs are subject to the standards set forth in subsections (F) and (G) below.
2. ADU Permit—Required and Fee.
a. Except as allowed under subsection (D)(1) of this section, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (E) and (F) below. b. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU-permit processing fee is established by resolution of the City Council.
3. Process and Timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The City must approve or deny an application to create an ADU or JADU Item: 8
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within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application, the application is deemed approved unless either:
i. The applicant requests a delay in writing, in which case the 60- day time period is tolled for the period of the requested delay; or ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single- family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single- family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. c. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60- day time period established by subsection (D)(3)(b) above. d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
EF. General ADU and JADU Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs that are approved under subsection (D)(1) or (D)(2) of this section:
1. Zoning.
a. An A Class 1 ADU or JADU subject only to a building permitapproved under subsection (D)(1) (E)(1) above may be created on a lot in a residential or mixed-use zone.
b. An A Class 2 ADU or JADU subject to an ADU permitapproved under subsection (D)(2)(E)(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.
2. Height.
a. Except as otherwise provided by subsections (E)(2)(b)(F)(2)(b) and (E)(2)(c)(F)(2)(c) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within 1/2one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary Item: 8
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to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(d)(F)(2)(d) may not exceed two stories.
e. For purposes of this subsection (E)(2) (F)(2), height is measured above from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.
b. The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
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).
6. Septic System. If the ADU or JADU will connect to an on -site waste -water treatment system, the owner must include with the application (as required by subsection (D)(1) or (D)(2) above) a percolation test completed within the previous last five years or, if the percolation test has been recertified, within the last 10 years.
7. Owner Occupancy.
a. ADUs. ADUs are not subject to an owner-occupancy requirement. b. JADUs.
i. Generally. As required by State state law, all JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
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ii. Exceptions. The owner -occupancy r equirement in this subsection (F)(7)(b ) does not apply in either of the following situations:
I. The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary
dwelling unit structure).
II. 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 certificate of occupancy 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 directorDirector. 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. The JADU may not be sold separately from the primary dwelling. b. The JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated.
The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code.
If the JADU is not ent irely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.
9. Building and Safety.
a. Must comply with building code. Subject to subsection (E)(9)(b)(F)(9)(b) below, all ADUs and JADUs must comply with all local building code requirements.
b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official or Code Enforcement Division officer makes a written finding based on Item: 8
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substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (E)(9)(b)(F)(9)(b) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
10. Certificate of Occupancy Timing.
a. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.
b. Limited Exception for State -declared Emergencies. Notwithstanding subsection (F)(10)(a) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
(i) The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. (ii) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency proclamation.
(iii) The ADU has been issued construction permits and has passed all required inspections.
(iv) The ADU is not attached to the primary dwelling.
FG. Specific ADU Requirements. The following requirements apply only to Class 2 ADUs that require an ADU permit approved under subsection (D)(2)(E)(2) of this sectionabove. This subsection (G) does not apply to Class 1 ADUs or JADUs approved under subsection (E)(1) above.
1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection (F)(G) is 850 square feet of interior livable space for a studio or one bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited in floor area to the equivalent of to 50% percent of the floor area of the existing primary dwelling. c. No application of the percent -based size limit in subsection (F)(1)(b)(G)(1)(b) above or of a front yard setback requirement may require the ADU to be less than 800 square feet of interior livable space.
2. Setbacks.
a. An ADUs that are subject to this subsection F (G) must conform to a 25- foot front-yard setback, subject to subsection (F)(1)(c)(G)(1)(c) above. b. An ADU that is subject to this subsection F (G) must conform to four- foot side- and rear-yard setbacks.
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c. No setback is required for an ADU that is subject to this subsection F (G) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
3. Passageway. No passageway, as defined by subsection ( C)(11) above , ("Passageway") of this section, is required for an ADU.
4. Parking.
a. Generally. One off -street parking space is required for each ADU or bedroom, whichever is less . The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C) (14) above of this section.
b. Exceptions. No parking under subsection (F)(4)(a) (G)(4)(a) is required in the following situations:
i. The ADU is located within 1/2one-half mile walking distance of public transit, as defined in subsection ( C)(13) above of this section.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure (under subsection (D)(1)(a)). iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single -family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections
(F)(4)(b)(i)(G)(4)(b)(i) through (F)(4)(b)(v) above.
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.
d. Driveway. The ADU and primary dwelling must use the same paved driveway for vehicular access between the street and any spaces provided for off-street parking, whether open or enclosed, including any garage. An existing driveway serving the primary residence may be widened to accommodate any new parking space serving the ADU, provided that the maximum width of the driveway does not exceed 30 feet or 60% of the width of the lot, whichever is greater. For purposes of determining the maximum driveway width, the width of the lot is measured along the property line over which driveway access from the street is provided. All driveways must have a minimum depth of 18 feet on private property. e. Each unenclosed parking space shall be at least nine feet wide and 18 feet long.
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f. Each parking space that is provided in an enclosed garage shall be at least 10 feet wide and 20 feet long and have at least seven and one -half (7 1/2) feet vertical clearance.
5. Architectural Requirements.
a. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
b. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction.
GH. Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections (D)(1)(E)(1) or (D)(2)(E)(2) above.
1. Impact Fees.
a. No impact fee shall beis required for a JADU or for an ADU that is has less than 750 square feet of interior livable space in size. For purposes of this subsection (G)(1) (H)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
b. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code Section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code Section 17620.
bc. Any impact fee that is required for an ADU that is has 750 square feet or larger in sizemore of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
2. Utility Connection and Fees.
a. If an ADU or JADU is constructed with a new single -family home, a separate gas and electric utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b. Except as described in subsection (G)(2)(a) (H)(2)(a), JADUs and converted ADUs on a single-family lot that are created under subsection (D)(1)(a)(E)(1)(a) above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this section.
c. Except as described in subsection (G)(2)(a)(H)(2)(a), all ADUs that are not covered by subsection (G)(2)(b)(H)(2)(b) require a new, separate gas and electricity utility connections directly between the ADU and the utility.
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i. The connections are subject to a connection fee that is proportionate to the burden created by the ADU, based on floor area.
ii. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
HI. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1. Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2. Unpermitted ADUs and JADUs constructed before 2020.
a. Permit to Legalize. As required by State state law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU 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 state ADU or JADU law or this section.
b. Exceptions.
i. Notwithstanding subsection (H)(2)(a) (I)(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 He alth and Safety Code Section 17920.3.
ii. Subsection (H)(2)(a)(I)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.
IJ. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective standards set forth in subsections (A) through (H)(2)(I) of this section may be allowed by the City with a use permit, in accordance with Chapter 9.184 of this Code.
K. Parcels Created Under Government Code Section 66499.41. Notwithstanding anything to the contrary set forth in this section, no ADU or JADU may be created on a parcel resulting from a subdivision under Government Code Section 66499.41. (Gov. Code, § 66499.41(g).)
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