AGENDA
LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, June 2, 2026
Closed Session 5:30 p.m.
Public Session 6:30 p.m.
City Council Chambers, 100 Civic Center Drive, Lake Forest, California NOTICE: Pursuant to Lake Forest Municipal Code Section 2.04.010, Regular Meetings of the City Council are held the First and Third Tuesday of each month at the hour of 5:30 p.m. for Closed Session matters, if required.
The Public Session of the meeting shall commence at 6:30 p.m. or as soon thereafter as possible. Special Meeting times may be held at a different time and date as listed on the Agenda.
AGENDA DOCUMENT REVIEW:
https://www.lakeforestca.gov/city_government/agendas_and_minutes/index.php 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/city_government/agendas_and_minutes/index.php .
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 June 2, 2026 LAKE FOREST CITY COUNCIL AGENDA Page 1 [email protected]
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: 5:30 p.m.
Council Members: Mark Tettemer
Scott Voigts
Benjamin Yu
Mayor Pro Tem: Doug Cirbo
Mayor: Robert Pequeño
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Thy Merritt
CLOSED SESSION PUBLIC COMMENT:
CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session. At this time, members of the public may address the City Council regarding any items listed on the Closed Session agenda. No action may be taken on items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per item. Any person wishing to address the City Council on a Closed Session matter is requested to complete a "Request to Speak" form available at agenda public review table near the entrance. The completed form is to be submitted to the City Clerk prior to an individual being heard by the City Council. Whenever possible, lengthy testimony should be presented to the City Council in writing (8 copies) and only pertinent points presented orally.
CLOSED SESSION (Item Nos. 1 – 2)
CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session.
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
PURSUANT TO GOVERNMENT CODE SECTION 54957
TITLE: CITY MANAGER
June 2, 2026 LAKE FOREST CITY COUNCIL AGENDA Page 2 RECOMMENDED ACTION: Conduct closed session.
2. CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6
AGENCY-DESIGNATED REPRESENTATIVE(S): MAYOR AND CITY
ATTORNEY
UNREPRESENTED EMPLOYEE: CITY MANAGER
RECOMMENDED ACTION: Conduct closed session.
RECESS: City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE: City Council will reconvene to continue regular City business.
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 Pastor Vanessa Howard.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Girl Scout Troop #3620.
CLOSED SESSION REPORT: City Attorney will report on Closed Session.
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 June 2, 2026 LAKE FOREST CITY COUNCIL AGENDA Page 3 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 SPECIAL MEETING OF THE CITY COUNCIL HELD ON MAY 21, 2026
RECOMMENDED ACTION: Approve as submitted.
5. REVIEW OF THE CITY'S CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
RECOMMENDED ACTION: 1. Direct the City Manager, or designee, to have the City's Conflict of Interest Code reviewed pursuant to Government Code Section 87306. 5. 2. File a Statement of Review with the City Council no later than October 1, 2026. 3. Revise the Conflict of Interest Code based upon such review, if necessary.
6. INDEPENDENCE DAY PARADE ROAD CLOSURES AND RELATED
ACTIVITIES ON JULY 4, 2026
RECOMMENDED ACTION: 1. Approve road closures of race and parade route from 5:00 a.m. to 2:00 p.m. on July 4, 2026. 2. Direct Public Works to provide required traffic control devices and crews for road closures. 3.
Direct the Orange County Sheriff's Department to staff road closures and patrol events. 4. Approve additional street sweeping of the route.
7. AWARD OF CONTRACT FOR CIVIC CENTER LANDSCAPE AND
STREETSCAPE MAINTENANCE SERVICES
RECOMMENDED ACTION: 1. Award an Agreement for Maintenance Services in the amount of $628,266.99 to Tropical Plaza Nursery, Inc., for June 2, 2026 LAKE FOREST CITY COUNCIL AGENDA Page 4 Civic Center Landscape and Streetscape Maintenance Services. 2.
Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to Tropical Plaza Nursery, Inc., substantially in the form attached.
DISCUSSION/ACTION ITEMS (Item Nos. 8 – 11)
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. AMENDMENT TO CLASSIFICATION PLAN AND COMPENSATION
SCHEDULE FOR FISCAL YEAR 2025-26
RECOMMENDED ACTION: Adopt Resolution entitled: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA,
ADOPTING A REVISED CLASSIFICATION PLAN AND COMPENSATION SCHEDULE.
9. FISCAL YEAR 2026-27 BUDGET APPROPRIATION
RECOMMENDED ACTION: 1. Receive presentation on Mid-Cycle Budget Review. 2. Adopt a Resolution entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA,
APPROPRIATING FUNDS FOR FISCAL YEAR 2026-27 ONLY AND
AUTHORIZING CERTAIN ACTIONS WITH APPROPRIATIONS.
10. CALIFORNIA CONSITUTION ARTICLE XIIIB APPROPRIATIONS LIMIT RECOMMENDED ACTION: Adopt a Resolution entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, APPROVING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2026-27 IN THE AMOUNT OF $187,447,617.
June 2, 2026 LAKE FOREST CITY COUNCIL AGENDA Page 5
11. LEGISLATIVE AND REGULATORY MATTERS
RECOMMENDED ACTION: Exercise discretion to adopt a policy position on Assembly Bill ("AB") 1795.
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 Tettemer:
Council Member Voigts:
Council Member Yu:
Mayor Pro Tem Cirbo:
Mayor Pequeño:
June 2, 2026 LAKE FOREST CITY COUNCIL AGENDA Page 6
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/city_government/agendas_and_minutes/index.php. 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 May 28, 2026.
Thy Merritt
City Clerk
June 2, 2026 LAKE FOREST CITY COUNCIL AGENDA Page 7
CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/2/2026
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
8 MINUTES OF A SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST
The special meeting of the City Council of the City of Lake Forest held Thursday, May 21, 2026, at the Lake Forest City Council Chambers, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:30 p.m. with Council Member Voigts absent.
ROLL CALL:
Council Members:
Mark Tettemer
Scott Voigts (Absent)
Benjamin Yu
Mayor Pro Tem: Doug Cirbo
Mayor: Robert Pequeño
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Thy Merritt
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1)
NUMBER OF CASES:1
CASE NAME: BRIAN MCMILLAN V. CITY OF LAKE FOREST, ET AL.
USDC CENTRAL DISTRICT CASE NO.: 8:25-CV-00245-SRM (JDEX) ACTION: Closed session was conducted.
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
PURSUANT TO GOVERNMENT CODE SECTION 54957
TITLE: CITY MANAGER
ACTION: Closed session was conducted.
PUBLIC SESSION: 6:30 p.m.
INVOCATION: The Invocation was provided by Michael Hong, Church of Jesus Christ of Latter-day Saints.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Mayor Pro Tem Cirbo.
CLOSED SESSION REPORT: City Attorney Richardson had no action to report.
CLOSED SESSION PUBLIC COMMENTS:
There were no public comments on closed session items.
Item: 4
9 May 21, 2026 LAKE FOREST CITY COUNCIL SPECIAL MEETING MINUTES Page 2 of 5 Mayor Pro Tem Cirbo provided comments on e-bike regulations and invited Orange County Sheriff’s Department (“OCSD”) Captain Pultz to share information on OCSD’s education and enforcement of e-bike regulations.
PRESENTATIONS: (Item Nos. 3 – 4)
MOTION: It was moved by Council Member Yu, seconded by Mayor Pro Tem Cirbo, to approve Presentation Item Nos. 3 – 4. The motion was carried by a vote of 4-0 with Council Member Voigts absent.
3. RECOGNITION OF LAKE FOREST BUSINESSES THAT COMPLETED THE SBDC MAIN ST. DIGITAL TRAINING AND GRANT PROGRAM ROUND TWO City Manager Rose introduced this item and invited Management Assistant McKeever to provide an invitation. No public comment was offered.
ACTION: The Lake Forest businesses that completed the second round of the Main St. Digital Training and Grant Program were recognized.
4. TASTE OF LAKE FOREST RETURNS
City Manager Rose introduced this item and invited Management Assistant McKeever to provide an invitation. No public comment was offered.
ACTION: The 2026 Taste of Lake Forest Returns presentation was received and filed.
PUBLIC COMMENTS:
Rima Nashashibi provided information on Hope 365.
Brian McMillan expressed his concerns with the City’s moratorium on massage establishments.
Bob Holtzclaw thanked Public Works staff and expressed concerns with the City’s response to his emails, homelessness, and e-bike safety.
Mark Hermanson provided comments on remembering fallen soldiers on Memorial Day.
CONSENT CALENDAR: (Item Nos. 5 – 12)
MOTION: It was moved by Council Member Yu, seconded by Mayor Pro Tem Cirbo, to approve Consent Calendar Item Nos. 5 – 12. The motion was carried by a vote of 4-0 with Council Member Voigts absent.
5. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES ACTION: Said Ordinances and Resolutions which appeared on the public agenda shall be determined to have been read by title and further reading was Item: 4
10 May 21, 2026 LAKE FOREST CITY COUNCIL SPECIAL MEETING MINUTES Page 3 of 5 waived.
6. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 5, 2026
ACTION: The minutes were approved as submitted.
7. PROCLAMATION DECLARING THE MONTH OF MAY AS ASIAN AMERICAN
AND PACIFIC ISLANDER HERITAGE MONTH
ACTION: The Proclamation designating the month of May as Asian American and Pacific Islander Heritage Month was approved.
8. PROCLAMATION DECLARING THE MONTH OF MAY AS JEWISH AMERICAN
HERITAGE MONTH
ACTION: The Proclamation designating the month of May as Jewish American Heritage Month was approved.
9. AWARD SPORTS PROGRAM SERVICES AGREEMENT FOR YOUTH MULTI-
SPORTS TO SKYHAWKS SPORTS ACADEMY
ACTION: 1. The Sports Program Services Agreement was awarded to Skyhawks Sports Academy to provide multi-sports programming at the Lake Forest Sports Park. 2. The Mayor was authorized to sign, and the City Clerk to attest the Agreement with Skyhawks Sports Academy for multi-sports programming, substantially in the form attached.
10. FIRST AMENDMENT TO THE AGREEMENT WITH ARAKELIAN
ENTERPRISES, INC. DBA ATHENS SERVICES, FOR STREET SWEEPING
SERVICES
ACTION: 1. The First Amendment to the Agreement for Street Sweeping Services with Arakelian Enterprises, Inc. dba Athens Services was approved. 2.
The Mayor was authorized to sign, and the City Clerk to attest, the First Amendment substantially in the form attached.
11. SECOND AMENDMENT TO THE AGREEMENT FOR TREE MANAGEMENT AND MAINTENANCE SERVICES WITH WEST COAST ARBORISTS, INC.
ACTION: 1. The Second Amendment to Agreement for Maintenance Services for Tree Management Services with West Coast Arborists, Inc. was approved. 2.
The Mayor was authorized to sign, and the City Clerk to attest, the Second Amendment substantially in the form attached.
12. AMENDED AND RESTATED NPDES STORMWATER PERMIT
Item: 4
11 May 21, 2026 LAKE FOREST CITY COUNCIL SPECIAL MEETING MINUTES Page 4 of 5
IMPLEMENTATION AGREEMENT
ACTION: 1. The Amended and Restated National Pollutant Discharge Elimination System (“NPDES”) Stormwater Permit Implementation Agreement ("Agreement") between the County of Orange (“County”), Orange County Flood Control District (“OCFCD”), and participating Orange County cities (collectively called “Permittees”) was approved. 2. The Mayor was authorized to sign and the City Clerk to attest to the Agreement and any related documents necessary to implement the terms of the Agreement.
PUBLIC HEARING(S): (Item Nos. 13)
13. CITY WORKFORCE VACANCIES, RECRUITMENT AND RETENTION PRESENTATION (AB 2561)
Mayor Pequeño opened the public hearing. City Manager Rose introduced this item and invited Human Resources Manager Cisneros to provide a presentation.
No public comment was offered. Mayor Pequeño closed the public hearing.
MOTION: It was moved by Council Member Yu, seconded by Mayor Pro Tem Cirbo, to conduct a public hearing regarding AB 2561 to receive and file a presentation of the status of vacancies and recruitment and retention efforts at the City of Lake Forest. The motion was carried by a vote of 4-0 with Council Member Voigts absent.
DISCUSSION/ACTION ITEMS: (Item Nos. 14 – 15)
14. LAW ENFORCEMENT CONTRACT WITH THE COUNTY OF ORANGE FOR FISCAL YEAR 2026-27
City Manager Rose introduced this item and invited Deputy City Manager McGovern to provide a presentation. Amy Stevens provided public comment and expressed concerns with the overtime language in the contract. Council questions were asked and answered.
MOTION: It was moved by Mayor Pequeño, seconded by Council Member Tettemer, to approve and authorize the Mayor to sign the Agreement with County of Orange for Law Enforcement Services for Fiscal Year 2026-27. The motion was carried by a vote of 4-0 with Council Member Voigts absent.
15. LEGISLATIVE AND REGULATORY MATTERS
City Manager Rose introduced this item and invited Assistant to the City Manager Ruelas Castellino to provide a presentation. Amy Stevens provided public comment and suggested reconsidering the gas tax language. Council questions were asked and answered.
Item: 4
12 May 21, 2026 LAKE FOREST CITY COUNCIL SPECIAL MEETING MINUTES Page 5 of 5 MOTION: It was moved by Council Member Tettemer, seconded by Mayor Pro Tem Cirbo, to: 1. Receive a report from staff summarizing the status of various legislation with the potential to impact the City of Lake Forest. 2. Adopt the policy positions recommended by staff on various legislation with the potential to impact the City of Lake Forest with the exception of AB1795, and direct staff to bring back AB1795 to a future agenda for further discussion. The motion was carried by a vote of 4-0 with Council Member Voigts absent.
CITY MANAGER'S REPORT: City Manager Rose had nothing further to report.
CITY COUNCIL COMMENTS:
Council Member Tettemer: Council Member Tettemer reported on his attendance at the International Council of Shopping Centers
(“ICSC”) Conference.
Council Member Yu: Council Member Yu had nothing further to report.
Mayor Pro Tem Cirbo: Mayor Pro Tem Cirbo reported on his attendance at the Love Lake Forest event and encouraged everyone
to remember fallen soldiers on Memorial Day.
Mayor Pequeño: Mayor Pequeño reported on his attendance at a prayer breakfast in Mission Viejo, a Marine Corp
Recruit Depot (“MCRD”) graduation, a Navy
recruitment event, and the Love Lake Forest event.
He provided information on the City’s Point-in-Time
numbers.
ADJOURNMENT: The Special Meeting of the City Council was adjourned at 7:49 p.m.
Respectfully submitted:
APPROVED:
THY MERRITT ROBERT PEQUEÑO
CITY CLERK MAYOR
Item: 4
13 CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/2/2026
DEPARTMENT: City Clerk
SUBJECT:
REVIEW OF THE CITY'S CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
RECOMMENDED ACTION(S):
1. Direct the City Manager, or designee, to have the City's Conflict of Interest Code reviewed pursuant to Government Code Section 87306. 5.
2. File a Statement of Review with the City Council no later than October 1, 2026.
3. Revise the Conflict of Interest Code based upon such review, if necessary.
EXECUTIVE SUMMARY:
The City is required by the Government Code to review and, if necessary, update its Conflict of Interest Code ("Code") every even numbered year. The purpose of the update is to specify positions within the agency which involve decision making that may have a material or personal financial interest relative to City business. Requirements of each designated employee include disclosing reportable investments, business positions, interests in real property, and income. Upon review of its Code, notwithstanding whether changes are required, the agency must submit a Statement of Review to the reviewing body (the City Council) no later than October 1 of the same year. If, upon review, changes are necessary, staff will prepare an amendment to the Conflict of Interest Code and present it for City Council consideration within the time period specified by law.
DISCUSSION:
The Political Reform Act of 1974 (the “Act") and, in particular, Government Code Section 87306. 5, requires by no later than July 1 of each even- numbered year, the City Council to direct a review of the City's Conflict of Interest Code (" Code").
If a change in the Code is necessary, a revised Code must be submitted to the City Council for approval. As the Code was most recently reviewed in 2024 and determined to have no amendments, the recommended actions are the first Item: 5
14 steps in the biennial review of the City's Conflict of Interest Code as required by state law.
The Act requires each City to adopt a local Conflict of Interest Code which designates and covers City positions. As codified in Section 87306 of the Government Code, the Act requires that conflict of interest codes be amended for changed circumstances such as the addition of new positions having decision- making authority, an update to assigned disclosure categories, and whenever new provisions are required by statute.
The Act also requires that upon review of the Code, the City Manager shall file a statement indicating whether or not revisions are necessary. Subject to a review of the Code by the City Manager, any proposed changes would be submitted to the City Council for consideration within the time periods specified by the Act, in this instance October 1, 2026.
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
ATTACHMENTS:
None.
Initiated By: Thy Merritt, City Clerk
Submitted By: Thy Merritt, City Clerk
Approved By: Debra Rose, City Manager
Item: 5
15 CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/2/2026
DEPARTMENT: Management Services
SUBJECT:
INDEPENDENCE DAY PARADE ROAD CLOSURES AND RELATED
ACTIVITIES ON JULY 4, 2026
RECOMMENDED ACTION(S):
1. Approve road closures of race and parade route from 5:00 a.m. to 2:00 p.m. on July 4, 2026.
2. Direct Public Works to provide required traffic control devices and crews for road closures.
3. Direct the Orange County Sheriff's Department to staff road closures and patrol events.
4. Approve additional street sweeping of the route.
EXECUTIVE SUMMARY:
The City’s Annual Fourth of July Parade Celebration (“Parade”) is scheduled to take place on Saturday, July 4, 2026. The Parade Committee, comprised of community volunteers and staff, is coordinating the celebration. The event will begin with a pancake breakfast hosted by the Lake Forest Kiwanis Club near the El Toro High School Administration Building at 7:00 a.m. The 5K/1K Run/Walk put on by the El Toro Parent-Student-Teacher Organization (“PTSO”) will also commence at 7:00 a.m. (Attachment 1). The Parade will begin at 9:30 a.m. at El Toro High School and is routed along Toledo Lane, Lake Forest Boulevard, and Serrano Court. Staff requests City Council approval of necessary street closures and required support services (Attachment 2). The above recommended actions would authorize the necessary related logistical requirements for the parade.
FISCAL IMPACT:
The Fiscal Year 2025-2027 Operating Budget includes sufficient funding to cover the costs of the recommended action.
Item: 6
16 ATTACHMENTS:
1. 5K/1K Race Route
2. Fourth of July Parade Route Including Road Closures and Signage Initiated By: Laura Hunter, Recreation Manager
Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 6
17 Attachment 1
Item: 6
18 1K Race
5K Race
5K/1K Race Route
Item: 6
19 Attachment 2
Item: 6
20 The City of Lake Forest Fourth of July - Parade Route
LAKE FOREST DR
TOLEDO WY
SERRANO RD
VIA DEL RIO
OVERLAKE DR
RIMHURST DR
LEO LN
APACHE DR
OLD TRABUCO RD
KILLY ST
BELQUEST DR
RUMBLE DR
RIVENDELL DR
PIZARRO RD
ROMERA PL
ORCHARD RIM LN
WILLARD AV
TAMA
DR
RIMGATE DR
SHAWNEE DR
ROLLINGWOOD RD
Q
U
IE
T
O
A
K
D
R
JUBILO
PL
WANDERINGLN
VISTA FUSCO
LE PARC
SAWMILL LN
CEDARSPRING
RIDGE LN
LOUMONT DR
MAMMOTH CIR
TW
INFORD
DR
CAMPO ROJO
CLEMENS LN
TREESHADE LN
MARYLHURST CTCHESTNUT LN
SYCAMO
RE
PO
INTE
G
REENTREE LN
EXTON WY
HORSE SHOE
S OUTHBROOK
SHOSHONE DR
PINO LN
MORNINGSTAR RD
COSTA BELLA DR
PRAIRIE RD
NUGGET
LANTERN LN
NAVAJO DR
REVERE RD
MILES AV
WINTERWOOD DR
M
NTCLIFF DR
SIOUX DR
BROOKHAVEN
BROADLEAF
REGAL WY
HAZELWOOD
UTE WY
SHASTA LAKE RD
TRAILWAY LN
GOLDRUSH
WINDING
W
Y
DEBRA ST
BONITA LN
M
E S A W Y
ROCKFORD DR
COMANCHE RD
KINSALE DR
CA MINO
VILLA
NEWVALE DR
AUBURN DALE DR
LAKE VISTATA DR
BAYES ST
EVEREVE CIR
SHAVER LAKE CIR
ANTHONY
DR
ZUNI DR
M A D R ID D R
DAYTON DR
FOXBORO
UGH
W
Y
OWENS LAKE CIR
SILVER SPUR
PARKWOOD ST
E VENINGSIDE LN
GLENWOOD D R
VIA
SERPIENTE
SUNSET LN
CINERIA WY
G A LA XY LN
GINGER RD
OAK CREEK LN
M AL AGA WY
SHADOWFAX DR
CHEROKEE WY
PERTH
W
Y
CINNAMON RD
CROL LN
CHAPEL HILL DR
QUEENSBURY DR
COLEFORD ST
KENMARE DR
BROOKMONT
WOODHILLLN
ELDAMAR AV
KNO LLWOOD
LEAFLOCK ST
PINE FLAT CIRNORTHWOOD LN
R
IO
VERDE
R
IM
POINTE
WINDWOOD LN
GREENHILL
SAXON WY
CASTLEWOOD
VIEW POINTE
POLARIS LN
VICAR WY
WINNEBAGO LN
EUCALYPTUS LN
LAKELAND AV
OSAGE
W
Y
WICKLOW
LN
VIA VERDE
W
O
ODS
ID
E
LN
VIA
INVIERNO
RED RIVER DR
LA
KEFIELD
ST
VISTA SERRANO
ASHBY WY
ARDERCT
GLENACRES
TAURUS LN
TREELINE LN
TIMBERLI
GREENBANK
WESTOVER CIR
FOREST KNOLL LN
HAZELNUT LN
TANBARK LN
TIM
B
E
R
W
O
O
D
W
Y
VIA
DEL
ANGEL
HEATHEROW CIR
CRYST
AL
C
IR
SH A
D Y
VALE L N
DARTMOUTH CIR
FALLEN
LEAF
RD
PARTIDO LN
CHARWOOD CIR
SITIO VERANO
R
IM
VIEW
BRIARCROFT
FORESTHILL
PRINCETON WY
FERNWOOD ST
VIA LOBO
W
OOD
GLEN
CIR
CAMINO PAPAL
TIPPERARY
LN
CAROLWOOD
CHEYENNE WY
COLDBROOK
WILLIAMSBURG CT
LOGANBERRY LN
GLENNHURST
BLOSSOM PARK ST
YE
LLO
W
STO
N
E
LN
BLUEBERRY LN
IRONBARK L
N
W IN D W ARD W Y
SHADE TREE LN
D OVE TREE LN
RAV ENSWOOD
W
OOD
CREST
CIR
VIA SOMBREADA
LA
BRISA
RD
CLAUDE
CIR
W
OODRIDGE
CHAPARRAL LN
CALLE OTONO
PRADO LN
VILLAGE WOOD LN
W
OOD
SHADOW
LN
DUNKENFIELD
CIR
MEADOWVIEW LN
CAMINORAYO
TETON WY
KIRKWO
OD
TUMBLEWEED CIR
CEDAR
PO
IN
TE
RADA AV
LIMERICK LN
SHADY
GRO
VE
CIR
EAGLE LAKE CIR
TREERIDGE LN
P EW
TER
LN
VIA CASTILLA
WESTWOOD LN
JONATHA N AV
BENNETT
CHINOOK DR
KILLARNEYDR
SAGEBRUSH CIR
TUSCAN WY
SILVER DOLLAR
ALDERWOOD
M ONT P O IN TE
CANARD LN
HOPI LN
TIA CT
SARAH LN
TIMBERLAND WY
PANA CT
GREENWOOD LN
RIMROCK ST
RUDOLPH CIR
TIMBERCREEK C
HEARTWOOD
CIR
WOODHUE CT
TRABUCO RD
CAMPO ROJO
CLAUDE
CIR
JERONIMORD
CAVANAUGH RD
JER
O
NIM
O
LN
COSTA BELLA DR
COLEFORD ST
DUNKENFIELD CIR
CALLE EL TORO GRANDE
SINGINGWOODS DR
CHASTER RD
HUMMINGBIRD LN
CROCKER LN
STEINWAY CIR
SUZIE LN
SWEETGRASS CIR
AWLSBURY CT
SLEEPY HOLLOW TERRACE
BENT TREE LN
WAGAR ST
WILLOW BEND
DONNA LN
EIVON LN
LONGWOOD LN
ELKWOOD
RIDGEWOOD CIR
MOHAWK DR
BASS LAKE CIR
SUMMERWIND LN
VALLEY RIM TERRACE
CRESTBROOK
GROVESIDE LN
TRAILVIEW TERRACE
BUFFWOOD WY
CANYON RIM PL
MAZA CT
REDWOOD POINTE
KERRY CT
SCOTT LN
BRITTLEWOOD
CIR
SHADY RIM CIR
CENTER POINTE
ROCHELLE LN
MEADOWWOOD
SHADY HOLLOW
CIR
FALL CREEK CIR
FOREST RIM
VIEW CIR
El Toro
High School
Rancho
Cañada
Elementary
School
Heritage Hill
Plaza
Lake Forest
Park
Park Place
Ranchwood
Serano
Creek
Ranch Serrano
Place
La Madera
Elementary
School
Sycamore
Plaza
7 2
8 13
14 9
4 10
15 21
16 5
11 6
12 17
18 1
19 20 22
23 Restricted
Parking
General Parking
& De-Staging
AreaVIP Grandstand
Ridge Route
Closed at 9:15am
Judging
Parade entrants
shall continue on to
Ridge Route without
slowing the pace.
3 Equestrian
Staging
Restricted
Parking
Longwood
Closed
IR
at 9:15am
Serano
Closed at 9:15am
General
Information Primary
Staging
Start
Car Club
Check-in
and Staging
Ambulance
Location
Primary Check-in
Location
(Toledo & Killy)
A
B
C
D Ridge Route
& Jeronimo
E
Lake Forest
& Jeronimo
Toledo
& Bake
Toledo
& SeranoF
Race Starts
at 7:00 am
Lake Forest
& Trabuco
EL TORO RD
RIDGE ROUTE DR
Shopping
Center
24 Band
Check-in
& Staging
Dayton
Closed at 9:15am
2.1 TV
F
Legend
A
1 Road
Closures
SignageF
24 Parking
General
Pancake
Breakfast
Item: 6
21 CITY COUNCIL AGENDA REPORT
MEETING DATE: 06/02/2026
DEPARTMENT: Public Works
SUBJECT:
AWARD OF CONTRACT FOR CIVIC CENTER LANDSCAPE AND
STREETSCAPE MAINTENANCE SERVICES
RECOMMENDED ACTION(S):
1. Award an Agreement for Maintenance Services in the amount of $628,266.99 to Tropical Plaza Nursery, Inc., for Civic Center Landscape and Streetscape Maintenance Services.
2. Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to Tropical Plaza Nursery, Inc., substantially in the form attached.
EXECUTIVE SUMMARY:
The City’s contract with Brightview Landscape Services for Civic Center Landscape and Streetscape Maintenance Services expires on June 30, 2026. In February 2026, the City issued a Request for Proposals (“RFP”) and conducted a competitive, qualifications-based selection process in accordance with the City’s Purchasing Guidelines.
Proposals were evaluated based upon experience, understanding of the scope of services, qualifications of proposed staff, the ability to deliver similar services on schedule and overall value. Based on this evaluation, staff identified Tropical Plaza Nursery, Inc., (“Tropical”) as the most qualified firm.
Staff recommends awarding an Agreement for Maintenance Services for Civic Center Landscape and Streetscape Maintenance Services (“Agreement”) to Tropical for a three-year term with two optional one-year extensions at the City Council’s discretion. The proposed Civic Center Landscape and Streetscape Maintenance Services Agreement with Tropical would begin July 1, 2026 (Attachment 1) with a total compensation amount of $628,266.99. Sufficient funds for the contract are included in the Department’s operational budget. The Public Works Department prepared the Agreement, and the City Attorney has reviewed and approved the Agreement as to form.
Item: 7
22 BACKGROUND:
Construction of the City’s Civic Center began in May 2017 and created a fully integrated municipal campus designed to serve as the City’s long-term “100 Year Home”. The 12.5-acre site is comprised of an 8.1-acre Civic Center Campus, 2.6 acres of mitigation area and 1.8 acres of landscaped slopes.
The Civic Center Campus includes a 52,000 square foot City Hall and Community Policing Building, a 14,000 square foot Council Chambers and Performing Arts Center with seating for 200 people, a 17,000 square foot, Senior Center Building with a catering kitchen, an 18,000 square foot Community Center with flexible banquet and conference space, and a two-story parking structure totaling 109,340 square feet with 308 parking spaces.
The landscape maintenance scope for the Civic Center campus, adjacent street parkways, and mitigation areas includes irrigation system maintenance and minor repairs, care of trees and landscaping, weed and nuisance vegetation control, disease management, removal of fallen plant material and leaf litter, and cleaning of hardscape areas. Due to the high visibility of the Civic Center campus and the large number of community events, meetings and facility rentals throughout the year, the site requires a consistently high-level of maintenance and attention to detail.
DISCUSSION:
On February 20, 2026, staff issued an RFP and solicited proposals for Maintenance Services on OpenGov. The City subsequently received proposals from seven firms shown below:
Brightview Landscape Services, Inc.
Elite Maintenance & Tree Service, Inc.
Greenfield Landscaping & Maintenance, Inc.
Landscape West Management Services, Inc.
Mariposa Landscapes, Inc.
Nieves Landscape, LLC.
Tropical Plaza Nursery, Inc.
Consistent with the City Purchasing Guidelines, staff assembled a selection committee approved by the City Manager to review proposals and participate in the interview phase of the selection process. The selection committee was comprised of the following:
Director of Public Works
Item: 7
23 Deputy Director of Public Works Facilities & Maintenance Facilities Manager
Landscape Administrator
Recreation Manager
Technical Review and Interview Process
The review process is comprised of two phases: the Technical Review of written proposals and the Qualifications Interview phase including the cost proposal evaluation. The Purchasing Guidelines require the Selection Committee to review all proposals submitted in response to the RFP. As summarized in Table 1, staff reviewed the seven (7) proposals, and six (6) contractors met the minimum required technical criteria, and were therefore invited to the interview process.
Prior to the interview process, Greenfield Landscaping & Maintenance, Inc., did not meet the minimum standards for an interview. Table 2 includes the Qualifications Interview and Cost Scoring for the six interviewed contractors.
Table 1: Aggregate Scores Summary - Technical Review Scoring Vendor Evaluator
1 Evaluator
2 Evaluator 3 Evaluator
4 Evaluator
5 Total Score
(Max Score 100)
Landscape West
Management
Services, Inc
77 63 70 80 80 74
EMTS, Inc. 74 64 80 75 75.5 73.7
Tropical Plaza
Nursery, Inc.
67.5 65.5 73.5 70.5 78.5 71.1
BrightView
Landscape
Services, Inc.
75 64 67 52.5 80 67.7
Mariposa
Landscapes, Inc.
20 68.5 70 63 81.5 60.6
Nieves
Landscape, LLC
79 50 47 55.5 71.5 60.6
Greenfield
Landscaping and
Maintenance,
Inc.
41 30 47.5 25 42 37.1
Item: 7
24 Table 2: Aggregate Scores Summary - Qualifications Interview and Cost Scoring Vendor Evaluator
1 Evaluator
2 Evaluator
3 Evaluator
4 Evaluator
5 Total Avg. Score
(Max Score 200)
Tropical Plaza
Nursery, Inc. 170 155.6 186 170 171.6 170.64
Landscape
West
Management
Services, Inc.
133 117.8 137 142.6 129 131.88
Brightview
Landscape
Services, Inc.
136 114.4 104 122.4 130.4 121.44
Nieves
Landscape,
Inc.
131 103.8 111 118.2 139 120.6
Mariposa
Landscape,
Inc.
121 99.4 89.8 113 125 109.64
Elite
Maintenance
& Tree
Services, Inc.
115 99 83 132.6 113.4 108.6
During the qualifications interview Tropical demonstrated its knowledge and experience working at high profile sites similar to the Lake Forest Civic Center.
Tropical referenced specific Civic Center scope details not discussed by other vendors.
Cost Proposals
Compensation scoring is based on monthly and as needed services. As part of the interview process, all firms had the opportunity to submit a revised cost proposal. Tropical, the highest-ranked firm after the qualifications interview, did not propose changes to its original cost proposal. Table 3 below describes the final cost proposals received.
Table 3 - COST PROPOSALS
Firm 3-Year Cost Proposal
Brightview Landscape Services, Inc. $403,260.00
Nieves Landscape, Inc. $514,459.14
Tropical Plaza Nursery, Inc. $628,266.99
Mariposa Landscape, Inc. $771,265.50
Landscape West Mgmt. Services, Inc. $773,520.00
Elite Maintenance & Tree Services,
Inc. $832,980.00
Item: 7
25 The cost includes routine monthly maintenance, irrigation repairs, plant material, and emergency repairs. After the analysis of the proposals and costs, staff determined Tropical is the most qualified contractor for Civic Center Landscape and Streetscape Maintenance Services. The maintenance work requires detailed attention to Civic Center grounds. The multitude of civic events, community room rentals, and meetings create high expectations for detailed work.
Tropical earned the highest score overall and provided the third lowest cost proposal. The cost proposal sets unit prices for three years and represents an increase of 20% from the existing contract. The cost was vetted by staff to ensure Tropical can maintain services for the three-year term of the contract.
Tropical’s cost proposal, extensive evaluation of the Civic Center grounds, and experience working at high visibility properties were considerations for the recommended selection.
Tropical currently provides services for the City of Corona, Riverside County Transportation Commission, and Orange Lutheran High School. The reference check with other agencies stated the quality of the company’s work has been very good (Attachment 2). The selection committee selected Tropical based on their proposed staffing, interview, and attention to detail.
The Public Works Department prepared the maintenance services agreement with Tropical, which the City Attorney reviewed and approved as to form. The proposed agreement would be for the standard 3-year initial term with two optional one-year extensions based on performance and at the City Council’s discretion. The proposed agreement includes a total not-to-exceed compensation amount of $628,266.99. Per the City’s Purchasing Guidelines, the City Manager may approve additional work not-to-exceed 10% of the original contract amount.
Staff recommend the City Council award an Agreement for Maintenance Services with Tropical. The Public Works Department prepared the Agreement, and the City Attorney has reviewed and approved the Agreement as to form.
FISCAL IMPACT:
The proposed Agreement includes $628,266.99 in total compensation. Sufficient funds exist to cover the costs of the recommended action.
ATTACHMENTS:
1. Agreement for Maintenance Services with Tropical Nursery Services, for Civic Center Landscape and Streetscape Maintenance Services
2. Reference Check for Tropical Nursery Services
Item: 7
26 Initiated By: Michael McConaha, Deputy Director of Public Works Facilities & Maintenance
Submitted By: Douglas Erdman, Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 7
27 Attachment 1
Item: 7
28 CIVIC CENTER LANDSCAPE AND STREETSCAPE MAINTENANCE
SERVICES
(2026-047)
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
29 City of Lake Forest
Agreement for Maintenance Services
Civic Center Landscape and Streetscape Maintenance Services I. PARTIES AND DATE. ................................ ................................ ..............
II. RECITALS. ................................ ................................ ..............................
III. TERMS................................. ................................ ................................ ..
IV. SIGNATURES. ................................ ................................ ........................
V. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES ................................ ..
VI. EXHIBIT "B" - SCHEDULE OF SERVICES ................................ ..................
VII. EXHIBIT "C" - COMPENSATION ................................ ..............................
VIII. EXHIBIT "D" - INSURANCE REQUIREMENTS ................................ ...........
Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
30 Title: Civic Center Landscape and Streetscape Maintenance 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, located at 100 Civic Center Drive, Lake Forest 92630 (“City”) and Tropical Plaza Nursery, Inc., a California Corporation (Inc.) , with its principal place of business at 9642 Santiago Boulevard, Villa Park, CA 92861 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
31 Title: Civic Center Landscape and Streetscape Maintenance Services 4 2. RECITALS.
2.1. Contractor.
Contractor desires to perform and assume responsibility for the provision of certain Landscape Maintenance Services required by the City which shall be performance in accordance with the terms and conditions set forth in this Agreement and all plans, specifications and other contract documents attached to or incorporated into this Agreement. Contractor represents that it is experienced in providing Landscape Maintenance Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City.
2.2. Project.
City desires to engage Contractor to render such services for the Civic Center Landscape and Streetscape Maintenance Services project (“Project”) as set forth in this Agreement.
Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
32 Title: Civic Center Landscape and Streetscape Maintenance Services 5 3. TERMS.
3.1. Scope of Services and Term.
3.1.1 General Scope of Services. Contractor 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 Landscape Maintenance Services maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2026 to June 30, 2029, 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. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2. Responsibilities of Contractor.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor 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 Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement.
Contractor 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. Contractor 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. Contractor 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. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor 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 Contractor shall be subject to the approval of City.
Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
33 Title: Civic Center Landscape and Streetscape Maintenance Services 6 3.2.4 City’s Representative. The City hereby designates Doug Erdman, Director of Public Works, 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 Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City’s 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 Contractor’s total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City’s Representative or his/her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Lucas Fields, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his 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.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors 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, Contractor 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 Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors 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 Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Laws and Regulations. Contractor 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. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
34 Title: Civic Center Landscape and Streetscape Maintenance Services 7 regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents 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.
3.2.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor 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 as 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 subcontractors, 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.
3.2.10 Labor
3.2.10.1 Prevailing Wages. Contractor 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 since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.2.10.2 Registration. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code sections 1725.5 and 1771.1, Contractor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. 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. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
35 Title: Civic Center Landscape and Streetscape Maintenance Services 8 3.2.10.3 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 Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law.
3.2.11 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.13 Water Quality Management and Compliance.
Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
36 Title: Civic Center Landscape and Streetscape Maintenance Services 9 3.2.13.1 Storm Water Management. Storm, surface, ground, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor 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 discharges of 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. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
3.2.13.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”) and the City of Lake Forest Local Implementation Plan (“LIP”). Both documents contain Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality. Contractor shall be familiar the DAMP, and the LIP and shall 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
3.2.13.4 Standard of Care. Contractor 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 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.
3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, standards and ordinances listed in Sections 3.2.13.2, 3.2.13.3, and 3.2.13.4 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
37 Title: Civic Center Landscape and Streetscape Maintenance Services 10 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 in Sections 3.2.13.2, 3.2.13.3, and 3.2.13.4 of this Agreement 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 Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor 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 Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations, policies and standards described in Sections 3.2.13.2, 3.2.13.3 and 3.2.13.4 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3. Fees and Payments.
3.3.1 Compensation. Contractor 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 SIX
HUNDRED TWENTY-EIGHT THOUSAND TWO HUNDRED SIXTY-SIX DOLLARS AND NINETY-NINE CENTS ($628,266.99) without written approval of City’s Council. 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. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor. 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 Contractor’s fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor 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. Contractor 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.”
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38 Title: Civic Center Landscape and Streetscape Maintenance Services 11 3.4. Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5. General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 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:
Contractor: Tropical Plaza Nursery, Inc. 9642 Santiago Boulevard
Villa Park, CA 92861
ATTN: Lucas Fields
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.
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39 Title: Civic Center Landscape and Streetscape Maintenance Services 12 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.5 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, 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, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
3.5.7 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.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
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40 Title: Civic Center Landscape and Streetscape Maintenance Services 13 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
41 Title: Civic Center Landscape and Streetscape Maintenance Services 14 comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6. Subcontracting.
3.6.1 Prior Approval Required. Contractor 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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42 Title: Civic Center Landscape and Streetscape Maintenance Services 15 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST Tropical Plaza Nursery, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Robert Pequeño
Mayor
By: [VENDOR SIGNATURE 1]
Leslie Fields
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]
Katrina Fields, Secretary
Secretary (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]
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43 Title: Civic Center Landscape and Streetscape Maintenance Services 16 5. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES
5.1. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES
[INSERT SCOPE OF WORK HERE]
Contractor shall provide the following maintenance services relative to Landscape Maintenance Services for the City's Civic Center Landscape and Streetscape Maintenance Services.
5.2. Lake Forest Civic Center Landscape & Streetscape Maintenance Services - Scope of Work
Contractor shall provide the following Landscape Maintenance services relative to the City's Civic Center Landscape and Streetscape Maintenance Services project.
DEFINITIONS
Whenever the following terms are used in this agreement, they shall have the following meaning:
A. "BID ITEM" - Individual items of work in the Contractor's proposal at an agreed Unit Price for the specified Item of Work.
B. "CITY" - The City of Lake Forest.
C. "CITY MANAGER" - The fully appointed City Manager of the City or her authorized representative.
D. "CONTRACTOR" - The managing individual of the contracting entity or his authorized employees or representatives.
E. "PUBLIC WORKS DIRECTOR"- The official designated as the Public Works Director of City, or any of his authorized representatives.
F. "PUBLIC WORKS MANAGER/DEPUTY DIRECTOR OF MAINTENANCE & FACILITIES"- The Public Works Director's designee for bidding, awarding and administering the Contractor's work under this agreement, or any of his authorized representatives.
G. "REPAIRS"- Work required to maintain the serviceability of all park facilities specified under this agreement that are outside the scope of the scheduled Preventative Maintenance. Repair work must be authorized by the Public Works Manager prior to the Contractor performance. After hour's repair is, work outside of normal business hours as indicated in the Contractor's Proposed Cost of Services Chart and shall be compensated at the proposed Bid Item Rate for Cost of labor for demolition, installation, maintenance, and repairs.
1.00 STANDARDS OF WORK AND CONTRACTOR RESPONSIBILITY
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44 Title: Civic Center Landscape and Streetscape Maintenance Services 17 1.01 The Contractor shall possess and maintain a C -27 General Landscape license by the State of California Contractors Licensing Board through the term of the Contract. The Contractor shall perform the work described herein, in a thorough and professional manner, so that the City of Lake Forest is provided with reliable and highest quality landscape maintenance at all times.
1.02 The Contractor shall furnish, at Contractor's own expense, all labor, tools, equipment, and materials necessary, unless specifically excluded herein, to perform, Removal, Installation, Maintenance and Repair work and Emergency, Holiday and "After Hour s" work at the Bid Item price. Cost of parts shall be paid at the Contractor's invoice cost for parts and the percentage of markup indicated in this proposal. The Contractor shall attach all receipts to said invoices for review prior to payment. In the absences of a receipt, the invoice will not be paid.
1.03 The Contractor's forces shall leave work areas free of all dirt, litter, or other materials utilized to perform landscape maintenance. The Contractor shall erect barricades, warning signs, and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas.
1.04 Landscape Maintenance shall be performed in accordance with all accepted standards for landscape installation, removal, maintenance, and repair work to the satisfaction of the City. Contractor shall immediately respond when notified by City to correct unsatisfactory work at no additional charge.
1.05 The Contractor shall maintain individual installation, removal, repair and maintenance logs for both routine and emergency work listing all work performed under this agreement, referred to hereinafter as "repair and maintenance logs" or "logs" for short. These repair and maintenance logs shall be emailed to Public Works Manager or designee and kept in a designated area on each site. Logs shall indicate the date of service, time of service, service performed, the superintendent and the crew performing the work and any other information that may affect current or future maintenance of the City facilities. The Contractor shall report these locations, by address, to City's Public Works Manager, or designee, within 24 hours. (Deductions may be made from the Contractor's payments if maintenance and repair tasks are not reported to City within the time allowed.)
1.06 The Contractor shall, during the term of this Contract, respond to all emergency phone calls to the satisfaction of the Public Works Manager, within one (1) hour of notification. Failure to comply with this requirement may result in a reduction in payment to the Contractor as determined appropriate by the Public Works Manager.
1.07 Contractor shall, during the term of this Contract, respond to requests for repairs, or emergency repairs as required, twenty -four (24) hours per day, seven (7) days per week, including holidays, by dispatching required staff to the site within two hours of notification.
1.08 The City shall provide access to all areas to be serviced by the Contractor.
1.09 The Contractor shall not be held responsible for damage, should access be denied or not provided by the City.
1.10 The City reserves the right to procure landscape and streetscape maintenance services from other vendors, as the City deems appropriate.
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45 Title: Civic Center Landscape and Streetscape Maintenance Services 18 1.11 Failure to meet the requirements under this Contract may result in a deduction of pay.
SCOPE OF MAINTENANCE SERVICES
The Lake Forest Civic Center consists of the Campus, Parking Structure Street Parkway, Front Slope, and Mitigation Area.
Figure 1: Civic Center Campus Landscape Maintenance Areas
The Civic Center Landscape and Streetscape Landscape Maintenance Request For Proposal is comprised of the Campus, Parking Structure, Street Parkway, and Front Slope, and back slopes/Mitigation Area. The Civic Center does not have available room for storing equipment on-site.
Service areas, hours of operation, frequencies of service and equipment under the provisions of this Contract include furnishing all labor and equipment, materials and supervision to perform landscape maintenance as described herein including, but not limited to the control of:
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46 Title: Civic Center Landscape and Streetscape Maintenance Services 19 •Weeding and cultivating
•Fertilizing
•Trimming, raking, pruning, blowing, training
•Hedging
•Watering, manual watering-quick connects, manual watering-hose •Irrigation system maintenance, repairs and replacement •Pest control
•Drain maintenance, ensure proper drain passage of excess water •Repair drainage grates, rocks, screens, and pipes as needed •Plant removal and replacement
•Patrol, clean-up, sweeping, power washing, vacuuming, wash down hardscape areas •Trash pick-up, clean-up and empty trash cans, replace liners •Weed abatement, leaf removal
•Walks, fence, and wall, etc. repair / replacement, painting •Haul, transport, carry, load, dump and/or drag soil replacement •Synthetic turf maintenance
•Power washing/steam cleaning
•Inspection and repair of backflows (3)
•Provide contact with public and 24-hour emergency callout •Uniforms
2.01.1 GENERAL/DAILY MAINTENANCE
1. The daily, patrol and removal of all trash such as paper, cans, bottles, broken glass, animal feces, and any out-of-place or discarded items and debris.
2. The daily, emptying of recycle and trash containers before noon into the Civic Center trash and recycling bins.
3. The daily, removal of any dead plant material, debris, or animals.
4. The daily, raking, sweeping and removal of fallen plant material such as hanging or fallen tree limbs, leaves, branches, and tree bark.
5. Weekly weed removal , including weeds in cracks, and weed spraying at appropriate intervals, specified in the annual schedule. Weed control with manual, mechanical and/or chemical methods.
6. All material which is picked up during cleaning shall be disposed of by the Contractor in a lawful manner. All green waste must be disposed of off site and landfill diversion reports submitted to the City on a monthly basis.
7. Inspect specialty areas and campus amenities daily, and pressure wash all equipment on as needed or as requested basis, includes, but not limited to: furniture, benches, tables, chairs, and trashcans.
8. Submit immediately, forms and photos of any damage identified to Public Works Manager.
9. Clean, rake and level planted areas with mulch daily or as needed, rototill wood chips monthly.
10. Daily inspection , removal of graffiti.
11. Daily, removal of leaf litter or other debris.
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47 Title: Civic Center Landscape and Streetscape Maintenance Services 20 12. Daily, cleaning of all exterior patios and parking structure stairways.
13. Sidewalks, curbs, parking ramp, outside parking lot, and all hard surfaces need to be cleaned/blown 3x per week Mondays, Wednesdays and Friday. Including bumper stops of all parking lots, including secured parking area.
14. 2x per month power washing and wash down of hard surface areas and parking ramp. To include trash enclosures. This does not include walls of the Civic Center buildings.
15. 4x per year washing and buffing of synthetic grass.
16. 1x per week parking structure sweeping with a vacuum type sweeper assisted with broom and shovel pickup of all dirt and debris along edges, curbs, between and around bumper stops of all parking structure facility.
17. 1x per year inspection and repair of backflows (3).
Specialty Areas
Civic Center grounds shall be inspected for vandalism, safety hazards and serviceability daily. All deficiencies shall be reported in writing immediately to the Public Works Manager. Benches and furniture shall be pressure washed on a 2x per month or as directed by the Public Works Manager.
Synthetic Turf Surface Areas
A. All areas shall be maintained weed free.
B. All areas shall be kept trash and debris free.
C. All areas shall have stains removed and areas brushed or groomed to maintain appropriate appearance
D. All areas shall be cleaned and maintained daily, per manufacturer’s recommendations. Method of cleaning to be approved by the Public Works Manager. IE: water, broom, gas blower, pressure washer etc. Any damage to synthetic turf area must be reported to the Public Works Manager immediately.
Hard Surface Areas
A. These areas shall include concrete sidewalks, parking lots, parking structure, A.C. walkways, decomposed granite walkways/areas, etc.
B. All areas shall be blown or swept Monday, Wednesday, Friday, to remove all deposits of gum silt and/or sand. Hazardous materials and substances will be removed immediately.
C. All areas shall be inspected daily, and maintained in a neat, clean, and safe condition at all times.
D. All spills and gum shall be removed daily.
E. Cracks and crevices shall be kept free of weeds at all times. All trip hazards shall be ground by a concrete grinder or cutting method approved by the City. Expansion joint compound sealer shall be used to fill any gaps found. Contractor will be required to paint any sidewalk trip hazards in fluorescent orange paint immediately when discovered.
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48 Title: Civic Center Landscape and Streetscape Maintenance Services 21 F. 2x per month all areas, as designated by the Public Works Manager, shall be thoroughly cleaned by pressure wash or other maintenance practices as needed.
G. Special emphasis shall be placed on chemical edging along all trails to prevent damage by vegetation. All such damage shall be repaired at the Contractor's expense.
Mitigation Area/Back Slopes
Maintenance at the Lake Forest Civic Center includes scheduled maintenance tasks in the environmentally sensitive mitigation area south of the Civic Center and running westward along Serrano Creek.
Regular and continuous upkeep of this area shall include measures to keep the area free of debris and safety concerns.
Scheduled tasks must include the following:
• Invasive plant species must be removed.
• Inspect irrigation lines and heads for leaks.
• Rodents damaging geography and compromising structural integrity must be removed. • All vegetation (trees and shrubbery) must be trimmed and maintained to ANSI A300 standards
• Walkways and paths must be swept, clean and free of trip and fall hazards. • Herbicides to control weeds or rogue plants to be used as needed to maintain a clean and orderly appearance
• Fertilizer and insecticides to only be used as needed to maintain plan health and control unwanted pests
• Excessive forest litter and green waste to be removed to maintain native soil levels and soil transpiration.
• Report all noticeable or unusual changes to the mitigation area. Examples to include changes to area topography, increase or decrease in wildlife, introductions or decline of existing plant species.
• Report all signs of human activity or access
Failure to comply with the scope of work for General/Daily Maintenance shall be $400 per incident per day.
2.01.2 GENERAL FACILITY OPERATIONS
A. Minor repairs, including, but not limited to, unclogging drains, replacing damaged or broken parts, shall be included in the bid price for these services.
B. All repairs shall be completed within twenty-four (24) hours after damage is reported or noticed.
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49 Title: Civic Center Landscape and Streetscape Maintenance Services 22 C. Every instance of damage shall be reported to the Public Works Manager in writing.
D. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required or as directed.
E. All leaves, paper, and debris shall be removed from landscaped areas and disposed of off-site daily.
F. All security shall be inspected daily, and damaged or malfunctioning equipment shall be reported to the Public Works Manager.
G. At no time will the Contractor be allowed to blow grass cuttings/debris into public walkways, streets, or gutters without being swept or vacuumed clean. Debris generated from adjacent maintained landscape areas shall be the responsibility of the Contractor to remove, (i.e., sidewalks, streets, gutters).
H. All water quality BMP's must be followed when working near storm drain facilities.
Failure to comply with the scope of work for General Facility Operations shall be $400 per incident per day.
2.01.3 WEED CONTROL
1. All weeds shall be removed upon sight, on a daily basis.
Planters, all mitigation areas, non -concrete walkways, i.e.: decomposed granite, natural soil and asphalt, sidewalk expansion joints, planting beds, shall be kept free of grass and weeds at all times.
2. As scheduled and when requested by the Public Works Manager, the Contractor shall spray weeds with herbicide for weed control at no additional cost to the City. Weed control is the responsibility of the Contractor. Any pre- emergent or post-emergent herbicide used will be considered a management tool and the cost will not be reimbursed by the City. Contractor shall provide City with alternatives and costs that do not contain glyphosate. Any change from using glyphosate will be negotiated during the term of the agreement.
3. Monthly, the Contractor shall complete and furnish copies of an herbicide application log to the City.
4. The Contractor shall submit an annual spraying schedule to the Public Works Manager before start of any work. The Contractor will also submit a recommendation by a licensed pest control advisor naming the herbicide proposed for use, where and how it is to be applied, including acreage, and a copy of the product label and any applicable S.D.S. (safety data sheets) information. Any changes to the annual schedule and the type of product will need to be authorized by City prior to application.
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50 Title: Civic Center Landscape and Streetscape Maintenance Services 23 5. The Contractor shall be responsible for the results of application of all herbicides and chemicals. Plants killed or severely damaged by the use of herbicides shall be replaced at no cost to the City, with the nearest size nursery stock available to the size of the dead or severely damaged plant. The soil in the area of the affected plant(s) and planting pit shall be treated with activated charcoal and other soil amendments that may be required to enhance the potential survival and growth of the existing or replacement plants. The treatment and materials must be approved by the City and shall be furnished at no cost to the City. All replacements must be ·made within fifteen days upon discovery by the Contractor and/or the City.
6. Weed Control of Paved Surfaces: Contractor shall be responsible for controlling, by mechanical or chemical means, weeds growing in cracks, or expansion joints, and areas contiguous to the City Public Landscape. No dyes shall be used when applying liquid weed control to paved surfaces.
7. Weed Control of Landscaped Areas:
A. A regular program of chemical application shall be used to prevent or control weed growth, supplemented by hand removal of noxious weeds or grasses as necessary. Weeds allowed to grow taller than two inches in planter areas will be removed by hand and not sprayed. Any "non-target" or "desirable" plant material un-intentionally sprayed or removed during manual weeding shall be replaced at contractor's expense.
1) A selective/systemic herbicide shall be employed to control broadleaf and all other weeds as required to maintain turf in a completely weed free condition without injury to turf.
a) Weeds not killed with herbicides shall be removed manually or on as needed basis. However, manual weed control shall not be substituted for herbicide applications.
2) All planter and landscape areas are to be weed free.
B. All restricted chemicals to be used to control weeds shall be approved by the Public Works Manager prior to use. A written recommendation of the proposed restricted chemicals to be prepared by a licensed California Pest Control Advisor accompanied by a Notice of Intent to apply restricted/non restricted materials form prepared by a licensed Pest Control Operator shall be submitted to the Public Works Manager a minimum of 14 days prior to intended use. Additionally, Contractor shall notify the Orange County Department of Agriculture a minimum of 48 hours prior to intended use. No work shall begin until the Public Works Manager's written approval is obtained.
1) Written recommendation will be provided to City in a monthly report and shall include the following information:
Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
51 Title: Civic Center Landscape and Streetscape Maintenance Services 24 a) Owner or operator of the property to be treated;
b) Location of property to be treated;
c) Commodity, crop, or site to be treated;
d) Total acreage or units to be treated;
e) Identification of weed(s) or pest(s) to be controlled by recognized common name;
f) Name of each herbicide or device recommended or description of method recommended;
g) Dosage rate per acre or other units;
h) Warning of the possibility of damages by the application from hazards that are known to exist; and
i) Signature and address of the person making the
recommendation, the date, and the name of the employer.
2) Chemicals shall be applied only by persons possessing a valid California Pest Control Operators License or Certificate in the appropriate category. Application shall be in accordance with all governing regulations. Records of all written recommendations and operations stating dates, times, methods of application, approved Notice of Intent to apply restricted/non-restricted materials, weather conditions at the time of application, and applicator's name shall be made and retained in an active file for a minimum of 1 year. The Public Works Manager shall have access to those files as required. After this period, they shall be retained in accordance with Orange County Department of Agriculture Regulations.
3) Contractor shall calibrate all chemical application equipment prior to each use to ensure chemicals are applied at the rate specified in the written recommendation.
4) All rubber hoses shall be made of neoprene rubber or equivalent material; shall be free of cracks; shall not be weathered, worn, or rotted; and shall be equipped with quick connectors or fittings which shall provide a water tight connection to prevent any leakage of chemicals from the point of connection to spray equipment.
5) All pressurized spray equipment, when in use, shall be kept in a state of good repair, safe to operate and shall be equipped with appropriate pressure relief valves. All spray nozzles shall be free of Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
52 Title: Civic Center Landscape and Streetscape Maintenance Services 25 any foreign particles to allow proper control of rate, uniformity, thoroughness, and safety of application.
6) All chemical spraying operations shall be performed under acceptable climatic conditions to be determined by the Public Works Manager in such a manner to limit drift to twelve (12) inches. All precautionary measures necessary shall be employed to ensure public safety since all areas will be open to public access during application.
7) All equipment used to perform chemical application shall be thoroughly cleaned when necessary to prevent injury to persons, plants, or animals from residue of materials previously used in the equipment. Equipment shall be cleaned in accordance with the procedure recommended on the label.
C. Non-restricted chemicals shall be used whenever possible to perform weed control in turf and landscape areas.
D. The Contractor shall not be allowed to use the restricted chemicals 2, 4-D and Dicamba without submitting a written recommendation by a California Pest Control Advisor.
1) Prior to application, Pest Control Operator shall read product label, identify weed pests in area to be sprayed, and identify environmental hazards such as waterways, eating and food preparation areas, sensitive ornamentals, production agricultural sites and take all precautionary measures necessary to prevent contamination of these areas.
2) Equipment used to apply 2,4-D and Dicamba shall consist of waterproof gloves, waterproof boots, respirator, coveralls, goggles, accurate measuring device, and spray equipment. To minimize drift, a spray thickener may be required.
3) Operator shall not apply 2,4-D or Dicamba during excessively hot, dry, or windy periods. Irrigation systems shall not be operated for a minimum of 24 hours after chemicals have been applied. Operator shall spray all target plants to wet. No chemicals shall be applied within the drip line of any ornamental shrub or trees.
4) Upon completion of 2,4-D or Dicamba chemical spray application, the area treated should not be re-entered until the spray has dried. Contractor shall be responsible for any on-site signage, posting as well as monitoring access during the chemical drying period.
5) Contractor shall be responsible for posting proper chemical signage and notifications in all areas being treated.
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53 Title: Civic Center Landscape and Streetscape Maintenance Services 26 Failure to comply with the scope of work for Weed Control shall be $400 per incident per day.
LANDSCAPE MAINTENANCE
Trees - Tree trimming/maintenance shall be completed on a limited basis, up to 15 feet, and only upon request by the City. This work shall only be done by ISA certificated and experienced personnel in tree pruning.
1. Trees shall be pruned according to the following criteria:
A. Designated broadleaf trees (as needed).
B. Designated conifers (as needed).
2. Trees shall be pruned as required to remove broken or diseased branches, to allow for public use access, maintenance access, and for safety. It shall be the Contractor's prime pruning responsibility to conduct a pruning program which will ultimately develop natural tree scaffolding, strength, and appearance consistent with the intended use. Before any work commences, the Contractor will prune one (1) typical tree of each different species scheduled for pruning as an example. Any necessary corrections to the example, as determined by the Public Works Manager, shall be made prior to proceeding with production work. All major pruning operations shall be scheduled and approved by the Public Works Manager before work begins.
3. Tree stakes, ties, and guys shall be checked and corrected as needed by Contractor. Ties will be adjusted to prevent girdling. Unneeded stakes, ties, and guys of trees planted after one year, shall be gradually loosened and ultimately removed. Broken stakes shall be replaced as required.
4. Topping, tip pruning, or pollarding trees will not be allowed.
Pruning shall be done by a certified tree worker (under the continual supervision of a certified arborist). All cuts shall be done using proper arboricultural and horticultural practices and following ISA 300 Standard Pruning Practices. Dressing wounds will not be allowed.
5. Trees shall be pruned along sidewalks to allow a nine (9) foot clearance for pedestrians. To accommodate vehicular and equestrian traffic, clearance along curbs and trails shall be fifteen (15) feet.
6. Contractor with a certified ISA arborist shall perform minor tree surgery as required.
7. Ailing or stunted trees which fail to meet expected growth expectations shall be brought to the attention of the Public Works Manager.
8. Under no circumstances will stripping of lower branches (raising up) of young trees be permitted. If there are doubts or questions, contact the Public Works Manager.
Tree suckers shall be removed as needed.
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54 Title: Civic Center Landscape and Streetscape Maintenance Services 27 9. Remove any low growing, hanging, or broken branches.
10. Remove any branches lying on the ground.
11. Lower branches can be removed only after tree is able to stand erect without staking or other support.
12. All holes from removed trees shall be filled and refilled until grade level with surrounding soil is maintained.
13. The Contractor will be responsible for staking and tying trees, as well as removing staking and tying.
14. All guys and ties shall be checked frequently to avoid girdling.
15. During the year, the Contractor shall provide daily pick-up of fallen branches and tree debris.
16. All accumulated debris from pruning, trimming, and other tree maintenance shall be removed by the Contractor during that same working day.
17. If City requested, and if trees are not pruned by the specified date, the Contractor shall be issued a penalty of $400 for failing to perform to the agreement’s scope, unless the Contractor submits an acceptable written request to the City stating the reason they cannot complete the pruning by the stated date and by what date the pruning service will be completed.
18. A log of tree removal and replacement will be kept by the Contractor stating where and when the trees were removed and replanted, species, site, and approximate location.
19. Any individual dead limb or branch, detached or not, is a safety hazard and will be removed as needed by the Contractor.
20. Clear visibility shall be provided of all traffic control signs so that all approaching drivers are able to view signs from a distance of one hundred feet (prior to reaching signs).
21. Clear visibility shall be provided of all building signs and various signs posted. So that all signs are visible from a distance of one hundred feet.
22. Any plants broken, damaged, and/or uprooted as a direct result of storm damage, wind damage, accident or vandalism, shall be trimmed, replanted or replaced, and debris removed within twenty-four (24) hours of notification. City authorization, by the Public Works Manager, shall occur if plant replacement is required by the Contractor. Any debris blocking roadways or parking areas shall be removed within one (4) hours of notification to Contractor. The Contractor shall call the Public Works Manager to confirm the damage, prepare a material request and estimate of plant material replacement based on contract unit prices. After receiving authorization, the Contractor will submit an invoice with the monthly statement Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
55 Title: Civic Center Landscape and Streetscape Maintenance Services 28 for additional labor and applicable materials. The City will use the quoted extra labor charges, submitted with the proposal, for reimbursement. Should damage occur during normal business hours, the contractual labor force will be used and no additional charges will be approved.
23. The Contractor will replace and be held liable for any damages done to trees due to poor management procedures (i.e., improper staking, damage done by not removing tie wires, improper pruning, mower damage, etc.).
24. If, in the opinion of the Public Works Manager, the newly planted tree dies as a direct result of neglect, inadequate care, or inadequate maintenance, the replacement item and required labor shall be provided by the Contractor at no cost to the City. This includes material newly planted and material which has been planted. Replacement must be of comparable size and species.
25. All trees shall be pruned to prevent encroachment onto private property.
26. Pruning procedures and pruning criteria shall follow International Society of Arboriculture Standards.
27. Safety:
A. All structural weakness such as split crotch or limbs, diseased or decayed limbs, or severe damage shall be reported to the Public Works Manager.
B. Special emphasis shall be placed upon public safety during pruning operations, particularly when adjacent to roadways and walkways.
C. Proper traffic control procedures based on the most current version of the Manual of Uniform Traffic Control Devices shall be implemented to ensure the safety of vehicular and pedestrian traffic.
28. All trimmings and debris shall be cleaned up, removed, and disposed of off-site at the end of each day's work.
29. Staking and Tying: Trees that shall be staked fall into these categories:
A. Replacement of missing or damaged stakes where the tree has been planted less than a year ago.
B. In those cases where tree has been damaged and requires staking for support.
C. For new trees or recently planted trees which have not been staked previously.
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56 Title: Civic Center Landscape and Streetscape Maintenance Services 29 30. Tree Spraying:
A. Contractor shall be responsible for identifying insect damage, fungus and any other diseases trees under contractors care may develop.
B. Contractor shall notify the Public Works Manager when applying any chemicals or insecticides to any trees under contractors’ care.
C. Contractor shall use integrated pest management practices whenever possible. Applying chemicals and insecticides shall be used only if other natural practices have failed.
31. Tree Removals: All trees fifteen (15) feet or smaller which are downed or dead by either natural or unnatural causes shall be removed and disposed of off-site after notification to the City. Trees above 15 (15) feet in height will be considered extra work. All trees which are downed or dead by either natural or unnatural causes shall be removed and disposed of off-site. Stumps shall be ground to twelve inches below grade. The hole shall be filled with soil and compacted. Stump removal shall be included in the tree removal operation unit price. If the location of the stump precludes the use of a mechanical stump grinder, the contractor will need to remove the stump manually.
32. Care during Tree Pruning Operations: Surrounding plant material (turf, ground cover, shrubs, and vines) shall be protected during tree maintenance operations. The Contractor shall be responsible for all damage caused by poor procedures. The City will require full and complete repair of the damaged areas and plants.
33. All trees shall have mulch installed around the base once annually or more often as directed. The mulch will be installed at a depth of 3 inches and will not be piled against the base of the tree. The mulch line will extend at least 24 inches out from the base of the tree and will be level to a depth of 3 inches. Mulch will be installed at grade at the base of the tree and will become deeper as it moves away from the base of the tree ending at a depth of 3 inches.
Shrubs
1. All shrubs and hedges shall be pruned in such a manner that they present a pleasing and natural appearance and do not obstruct the vision from building windows or the vision of vehicle drivers. Shrubs should be allowed to grow into each other so that they form a mass planting, barrier, or screen. Any necessary pruning shall be done with thinning and shaping cuts, which allow plant materials to blend together in shrub masses characteristic of each individual species.
2. All shrubs, hedges, and ground vegetation shall be maintained so the vegetation does not overgrow its designated growth perimeter. Along all walks, overgrowth shall not be over four inches at any time. When pruning shrubs along walkways, sheari ng should be avoided. Instead, shrubs should be cut back at a 45-degree angle away from the sidewalk. Shrubs shall also be pruned to minimize blockage of irrigation head watering patterns. Spent flowers, stalks, blooms, and dead growth shall be removed as needed to maintain a clean appearance in the landscape.
Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
57 Title: Civic Center Landscape and Streetscape Maintenance Services 30 3. Whenever shrubs die, the Contractor shall call the Public Works Manager to confirm the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional cost. The City reserves the right to furnish the required plants, shrub, or tree. The City will use the unit prices submitted with the proposal for reimbursement. The City may request the use of Premium Plant Material consisting of Bougainvillea, Toyon, Lemonade Berry, Cape Bush, Camellias, Agaleas, Gardenias, Succulent Cactus, Bamboosa, Rosa Sp., Hydrangea, Cupressus Sp., and Palm Sp. The listed plant material will be reimbursed based on the unit prices submitted with the proposal for reimbursement. Any plant material outside of the Premium Plant palette bid list shall be reimbursed on a cost- plus basis. The Public Works Manager, or their designee, may approve the use of other plant material based on a proposal provided by the Contractor and approved by the City. Should shrubs expire due to contractor's negligence, all replacement costs shall be at contractor's expense.
4. Contractor shall remove any spent blossoms or dead flower stalks as required to present a neat and clean appearance. Sometimes the plant's flower stalks are many in number or part of the plant's character (i.e., Dietes). Coordinate with the City on a plant-by-plant species basis.
5. Shrubs mounding shall not exceed eighteen inches in height within areas required for vehicular line-of-sight distance depending upon roadway topography. (The Public Works Manager is to be informed by Contractor if the plant material will continually be a problem.)
6. Formally sheared shrub hedges shall be continually maintained in their formal design by shearing and trimming. These shall be specifically designated by the City and shall not infer that any other shrub shall be sheared or trimmed.
7. Shrubs designed to be grown full size shall not be sheared or trimmed.
Selective pruning may be necessary to remove dead, diseased, or intertwining material. Shrubs sheared or trimmed, when they are not designed to be so, shall be replaced at Contractor's expense in a size designated by the Public Works Manager.
8. All shrubs shall be pruned to prevent encroachment onto private property.
9. Pruning Procedures:
A. All cuts shall be made sufficiently close to the parent stem so that healing can readily start under normal conditions.
B. All limbs one inch or greater in diameter shall be "under cut" to prevent splitting and tearing.
C. All equipment utilized shall be clean, sharp, and expressly designed for shrub pruning.
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58 Title: Civic Center Landscape and Streetscape Maintenance Services 31 D. Avoid pruning plants when seasonal bloom is present (i.e., Indian Hawthorne, Bougainvillea).
10. All trimmings and debris shall be removed and disposed of off-site at the end of each day's work.
11. Existing shrubs shall be replaced by the Contractor if it is determined by the Public Works Manager that they died due to Contractor's neglect. Replacement shrubs shall be of like kind and size.
Vines
1. Vines and espalier plants shall be checked and retied as required. Secure vines with appropriate ties to promote directional growth on supports.
2. Nails shall not be used to secure vines on masonry walls.
3. Contractor shall deep water vines in pockets without sprinklers and where required to promote optimum growth.
4. Pruning of vines will be in accordance with good horticultural practices.
Ground Cover
1. Contractor shall trim ground cover adjacent to walks, walls, and/or fences as required for general containment to present a neat, clean appearance at four inches maximum from vertical surfaces and six (6) inches back from walk/trail edges, and curbs.
2. Contractor shall prevent soil compaction by regularly cultivating bare spots in all ground cover areas on a monthly basis or more often as needed or directed by Public Works Manager.
3. Any paper or litter that accumulates in ground cover areas shall be picked up daily.
4. Contractor shall keep ground cover trimmed back four inches from all controller units, valve boxes, quick couplers, structures or walls, and private property. Ground covers shall not be allowed to grow up trees, into shrubs, or mix in with vines on walls. Ground cover shall be kept six (6) inches from all other plants.
5. All planter areas shall be cultivated a minimum of once per month or mulched at least once per year or more often as needed or directed by the Public Works Manager at a depth of three (3) inches to prevent erosion and weed growth.
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59 Title: Civic Center Landscape and Streetscape Maintenance Services 32 6. All ground cover areas shall receive sufficient applications of “Sluggo” snail bait at the rate necessary to control the spread of snails. Spray substitutions must be approved by the Public Works Manager.
7. Ground cover areas shall be maintained in a manner which will promote the healthy growth of the plant material in a primarily natural state while removing weed infestations.
Irrigated Slopes and Ground Cover Areas
1. All slopes and ground cover areas shall have weeds removed/abated every two months. The Contractor, at no additional charge to the City, may apply a broad- spectrum pre-emergency weed control to shrub beds and ground cover beds and slopes to assist in the long-term control of such weeds.
2. Nutsedge, Bermudagrass, Morning Glory shall be spot treated immediately with the appropriate herbicide when found in any planter, ground cover, shrub bed or irrigated landscaped slope area at no additional cost to the City.
3. Trim and edge as necessary to restrict growth from encroaching on sidewalks or other adjacent areas. Growth retardant, if properly applied, can be used.
4. A weed is defined as an undesirable plant, which will be determined by the Public Works Maintenance Manager.
5. Dead flowers on all plants in planters will be removed as needed to keep a groomed appearance at all times.
6. Fertilization scheduled, irrigated landscape slopes and shrub be areas:
April: 15-15-15 Best Triple Pro Fertilizer October: 15-15-15 Best Triple Pro Fertilizer
Failure to comply with the scope of work for Landscape Maintenance shall be $400 per incident per day.
2.01.5 PEST CONTROL AND RODENT CONTROL
General
1. Contractor shall provide complete and continuous control and/or eradication of all plant pests or diseases. The Contractor shall obtain any necessary permits to comply with City, County, State, and Federal regulations or laws.
2. Contractor will assume responsibility and liability for the use of all chemical controls. Pests and diseases shall include, but not be limited to, all insects, aphids, mites, vertebrates or invertebrates, pathogens, and nematodes. Controls shall include necessary use of integrated pest management systems involving the use of life history information and extensive monitoring. Control shall be through prevention, cultural practices, pesticide applications, exclusion, natural enemies, biological control, and host resistance.
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60 Title: Civic Center Landscape and Streetscape Maintenance Services 33 3. All material used shall be in strict accordance and applied within the most current EPA regulations and the California Department of Food and Agricultural Code.
4. City shall be notified prior to the application of pesticides and other chemicals.
Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with the Public Works Manager. Material use reports for all pesticides shall be filed with the City no later than the1Oth of every month for the preceding month.
5. Application of Pesticides
A. Timing: Pesticides shall be applied at times which minimize the possibility of contamination from climatic or other factors and at the proper life cycle of the pests. Early morning application shall be used when possible to avoid contamination from drift. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas.
Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficiency, it shall be applied only in quantities which each area is capable of receiving without excessive runoff.
B. Handling of Pesticides: Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area.
Application methods shall be used which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Department of Food and Agricultural Code or EPA regulations.
C. Equipment and Methods: Spray equipment shall be in good operating conditions, quality, and design to efficiently apply materials to the target area. Drift will be minimized by avoiding high pressure applications and using water soluble drift agents.
D. Selection of Materials: Pesticides shall be selected from those materials which characteristically have the lowest residual persistence. Use of emulsifiable concentrates shall be used when possible to limit windblown particles. The use of adjuvants will be to increase pesticide efficiency thereby reducing the total amount of technical material required to gain control.
E. Substitution: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the Public Works Manager.
Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
61 Title: Civic Center Landscape and Streetscape Maintenance Services 34 F. Certification of Materials: All materials shall be delivered on the site in original unopened containers. Materials shall be subject to inspection by the Public Works Manager.
Pest Control
1. All areas of the landscape shall be inspected for infestations of harmful nuisance pests such as ants, insects, mites, snails, and sowbugs. Plants shall be observed closely for leaves that may be blotched, notched eaten, blighted, deformed, mildewed, rusted, scorched, discolored, defoliated, or wilted.
2. Identify the cause of injury and consult a Pest Control Advisor before application of chemical treatments.
A. The State of California Agricultural Code requires that toxic pest control chemicals may be used only after a written recommendation by a State of California licensed Pest Control Advisor is obtained. A recommendation consists of all the applicator should know for an accurate and safe usage. The recommendation must be time and site specific.
B. Application of all pesticides shall only be applied by a properly State Licensed Pest Control Operator or a Certified Applicator of Pesticides.
C. There shall be no application of a pesticide without written permission of the City.
D. In case a Restricted Use Pesticide is recommended, the City must have a use permit issued only by the County of Orange Agricultural Commissioner's office.
3. Contractor shall start preventative cultural methods before a pest is visible. At certain times of the year, and with certain environmental conditions, the presence of certain pests can be anticipated. Look at new growth for the presence of aphids, leaf hoppers, scale, mealy bugs, and mites. Look for ants on soil, along walks, and trunks of shrubs and trees. When ants are present, there will be sucking insects. Control of ants will aid in the control of plant feeding insects. Do not use toxic pesticides to control pests when predatory or parasitic insects are present.
4. Dusty foliage is an indicator of mites. So long as foliage is washed, mite populations are low. Keep mite populations low to prevent plant injury. Conifers are especially susceptible and often killed by mites.
5. Bark and Shot Hole Borer beetles weaken trees. Any cause of stress is cause to inspect trees. Look for ants on the ground, crawling up tree trunks, or in crotches of branches. Also, there may be branches dying. Control adult beetles before they lay eggs on bark in the spring. All trees near one infested tree, the previous year, should Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
62 Title: Civic Center Landscape and Streetscape Maintenance Services 35 be treated as soon as possible. On-going inspections are necessary to determine if there is a summer brood. Any sign of beetle or other insect pest shall be reported to the Public Works Manager.
6. Snails shall be controlled before becoming epidemic. They can be anticipated as a menace from spring until the advent of high temperatures, wherever moist soil prevails. Control with weekly applications of toxic bait until the youngest brood is gone. The City will not tolerate epidemics of snail infestation.
7. Pruning is an effective prevention of an epidemic of insects and diseases. Pruning away infected parts and disposing of them off-site separates the pest or pathogen from the host. Examples are Pine tree tip moth, Juniper twig girdler, Verticillium wilt, fire-blight, and some other blights of foliage.
A. Some thinning of tree foliage, to provide light and aeration for ground cover, is a type of disease prevention.
B. Use care when pruning not to spread disease by keeping all cutting edges sterile by dipping in Physan or other alcohol or bleach based solution after each cut.
8. The Contractor shall establish a continuing program to control insects and rodents.
9. With the pest control program, the following information shall be included:
A. The pest to be controlled
B. Method of control
C. The product labels
D. A schedule as to frequency of control
E. Applicable S.D.S. Sheets
F. All mandatory signage
10. Monthly, the Contractor shall complete a pesticide spray log for any pesticides used. (Failure to submit this log to City will result in a Performance Deficiency Reduction.)
11. When using pesticides, the instructions on the label shall be followed explicitly and special care shall be exercised in application.
Rodent Control
Contractors shall be responsible for controlling all rodents, as necessary. All landscaped areas shall be maintained free of rodents to include gophers, ground squirrels, and pests to include, but not be limited to, snails, sow bugs, aphids, caterpillars, etc., that could cause damage to any plants, shrubs, ground cover, trees, irrigation systems, facilities or cause erosion.
Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
63 Title: Civic Center Landscape and Streetscape Maintenance Services 36 1. All methods employed to perform Rodent Control shall conform to all federal, state, and county environmental regulations.
2. Rodent Control shall be performed in accordance with the following criteria:
A. All rodents to be controlled shall be identified and feeding habits determined prior to treatment of the area.
B. All mounds shall be raked level a minimum of 24 hours prior to treatment.
C. Soil shall be checked in the area to be treated to ensure proper soil moisture exists prior to treatment with treated baits.
D. All treated bait, traps, and gases used to control rodents shall be placed in the tunnel. Traps shall be covered with soil once inserted into tunnel to prevent vandalism and to ensure public safety.
E. All bait containers and/or applicators shall be of the type that will minimize spills.
F. Any and all spilled bait shall be picked up or buried immediately.
G. All treated areas shall be inspected after treatment for dying animals. Contractor shall remove all dying animals and/or carcasses and dispose of them off-site prior to the end of each work day until area no longer requires further treatment.
H. Care should be taken to minimize or control use where domestic pets may come into contact with the poisons. Signage around applied area shall be considered.
3. Contractor shall be allowed to use Strychnine for Rodent control with submittal of a written recommendation from a certified Pest Control Advisor when applied in accordance with the following:
A. All mounds shall be raked level 24 hours prior to treatment with bait. Soil shall be inspected for proper moisture content. Bait shall not be applied to saturated soil. All raked bare soil areas shall be re-seeded upon conclusion of treatment.
B. Equipment required for bait application shall consist of a probe, pail, tablespoon, waterproof gloves, use proper PPE respirator, and probing bait run.
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64 Title: Civic Center Landscape and Streetscape Maintenance Services 37 C. Bait shall be applied in areas where active gophers have created new mounds. Tunnels shall be probed to locate active runs and treated bait shall be applied in amounts specified in product label recommendations.
D. All treated bait shall be placed in the tunnel with a tablespoon or probing bait gun. Strychnine of 1.8 percent or higher shall be applied with a probing bait gun only. All holes shall then be covered. All containers shall be of the type to minimize spills. Any spilled bait shall be picked up immediately or buried in gopher hole.
4. Contractor may also, at his cost hire a licensed private pest control company to conduct rodent control within the Civic Center. Contractor will need to provide to the City company name, address, contact person, contact person's phone number and proper insurance. Any damage caused by private pest control companies shall be repaired at landscape contractor's expense.
Failure to comply with the scope of work for Pest Control and Rodent Control shall be $400 per incident per day.
2.01.6 FERTILIZATION
Scheduling
Fertilization will be applied twice per year in accordance with a FERTILIZER SCHEDULE, or as otherwise directed by the Public Works Manager. All applications shall be recorded and specifically identified on the weekly schedule, indicating the fertilizer used, application rate and the landscape material applied to (i.e., turf, trees, shrubs, ground cover, etc.).
Material use reports for all fertilizer shall be filed with the City not later than the 10th of every month for the preceding month.
General
Fertilizers shall be inorganic and/or organic dry, pelletized formulation. Application shall be in accordance with manufacturer specifications.
Method of Application
In making application of fertilizer granules, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader which tends to throw material onto paved areas. The use of constant flow P.T.O. driven spreaders will keep materials contained in planting areas, eliminating sidewalk stains. The Contractor will be responsible for removing all fertilizer stains from concrete caused by his application. Fertilizer shall be applied at manufacturer's recommended rate. Any fertilizer that is applied to non-target areas such as a roadway, sidewalk, parking lot, etc., will be Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
65 Title: Civic Center Landscape and Streetscape Maintenance Services 38 removed immediately by contractor. Absolutely no fertilizer is allowed to enter the storm drain system. Contractor shall choose which methods of removal will work best. (i.e.:
sweeping or gas powered blower, etc.)
Timing of Application
When climatic factors cause problems of the general use of fertilizers, an adjustment of the fertilizer schedule may be necessary. After fertilizer application, monitor watering schedule to eliminate runoff or leaching of fertilizer materials.
Trees and Shrubs
Fertilizers, pre-approved by Public Works Manager, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep-root feeding or foliar applications to correct iron chlorosis and other micro-nutrient deficiencies.
Landscaped Areas
All landscaped areas shall be fertilized in accordance with the following criteria:
1. All proposed chemical formulations shall be submitted to the Public Works Manager for approval prior to use.
2. All fertilization schedules shall commence with the effective date of the contract then follow the cycles established in the annual schedule.
3. Ground cover areas shall be free of moisture at the time of fertilizer application. Application of the fertilization shall be done in sections, determined by the areas covered by each irrigation system. All areas fertilized shall be thoroughly soaked immediately after the fertilizer is broadcast.
Soil Tests for Fertilization
Upon request, minimum once per year, soil samples for testing shall be taken from landscape locations as determined by the Public Works Manager.
1. Samples shall be tested at an agricultural soils testing laboratory approved by Public Works Manager.
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66 Title: Civic Center Landscape and Streetscape Maintenance Services 39 2. Contractor shall pay all costs for testing, taking samples, pickup and delivery to the testing laboratory; all incidentals and no additional payment will be made thereafter.
Ground Cover
Apply fertilizer a minimum of 2 times a year, (March and August) to slope and all ground cover areas with a commercial fertilizer as often as required to promote a healthy appearance. Water thoroughly to prevent burning. Apply at the rate recommended by the manufacturer that is listed on the package.
Vines
Fertilize all vines with a commercial fertilizer a minimum of twice per year, in March and August, or needed to promote a healthy appearance. Water thoroughly to prevent burning.
Trees
Trees shall be fertilized and aerated in accordance with the National Arborist Association Standard for Fertilizing Shade and Ornamental Trees, National Arborist Association Standards current edition.
Compliance lnspection
Compliance with fertilization specification will be enforced by application inspections, bag counts, and periodic soil analyses by independent soils laboratory.
Plant Additions and/or Replacements
As part of this agreement, the Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, ground cover, or flowers. Such work will be paid for as extra work, based on contract unit prices, by the City unless otherwise specified within these specifications. Exceptions will be replacements due to Contractor's neglect. This will be determined by the Public Works Manager.
Mulch
Mulch shall meet requirements of SB 1383 administered by CalRecycle.
“SB 1383 Eligible Mulch” means mulch eligible to meet the Annual Recovered Organic
Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4):
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67 Title: Civic Center Landscape and Streetscape Maintenance Services 40 Produced at one of the following facilities:
i. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10);
ii. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or,
iii. A Solid Waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.
Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A)1 through 3.
Requirements:
1. Compost and SB 1383 Eligible Mulch procurement.
Divisions, departments, and employees responsible for landscaping maintenance, renovation, or construction shall:
a. Use Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste for landscaping maintenance, renovation, or construction as practicable and whenever available, while capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet concentration, and pathogen density standards specified in 14 CCR section 17852 (a)(24.5)(A)(1) through (3).
b. When City uses Compost and SB 1383 Eligible Mulch and their application is subject to the City’s Water Efficient Landscaping Ordinance (“WELO”), pursuant to Lake Forest Municipal Code Title 9, Chapter 146, section 110 et seq., all divisions, departments, and employees shall comply with the City’s WELO by including the following:
• For landscape installations, Compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil.
Soils with greater than six percent (6%) Organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
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68 Title: Civic Center Landscape and Streetscape Maintenance Services 41 • Apply a minimum of three (3) inches of SB 1383 Eligible Mulch to all exposed soil surfaces of planting areas, except in turf areas, creeping or rooting groundcovers, or direct seeding applications where such mulch is contraindicated. Whenever SB 1383 Eligible Mulch is applied this way, five percent (5%) of the landscape area shall be left without mulch to provide habitat for beneficial insects and other wildlife. Designated insect habitats must be included in the landscape design plan as such.
• Procure Organic SB 1383 Eligible Mulch materials made from Recycled or Post-Consumer Materials rather than inorganic materials or virgin forest products, unless Recycled or Post-Consumer Organic products are not locally available. SB 1383 Eligible Mulches are not required where prohibited by local ordinances.
• For all SB 1383 Eligible Mulch that is land-applied, such mulch must meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards specified in 14 CCR section 17852(a)(24.5)(A)(1) through (3).
c. Keep records, including invoices or proof of Recovered Organic Waste Product procurement (whether through purchase or acquisition), and submit records to the Recordkeeping Designee upon completion of a project. Records shall include:
General Procurement records, including:
A general description of how and where the product was used and applied, if applicable;
The source of a product, including the name, physical location, and contact information for each entity, operation, or facility from which the
Recovered Organic Waste Products were procured:
The type of product
The quantity of each product; and
All invoices or other records demonstrating purchases or procurement.
For Compost and SB 1383 Eligible Mulch provided to residents through giveaway events or other distribution methods, records shall be
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69 Title: Civic Center Landscape and Streetscape Maintenance Services 42 kept of all Compost and SB 183 Eligible Mulch so given away to residents. Records shall be maintained and submitted to the Recordkeeping
Designee in accordance with all reporting requirements under this policy.
For procurement of SB 1383 Eligible Mulch, maintain an updated copy of the ordinance or enforceable mechanism(s) requiring that the
mulch procured by the City of Direct Service Provider meets the land application standards specified in 14 CCR section 18993.1, as
amended from time to time.
d. When procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, enter into a written contract,
agreement, or executed purchase order with enforceable provisions that include:
(1) definitions and specifications for SB 1383 Eligible Mulch; and
(2) an enforcement mechanism (e.g. termination provisions, liquidated damages clauses, etc.) in the event the Direct Service Provider is not compliant with these requirements.
e. Review, amend, or terminate existing contracts as necessary to achieve compliance with the requirement of enforceable mechanisms
pursuant to Section 5(1)(c)(3), above.
Failure to comply with the scope of work for Fertilization shall be $400 per incident per day.
2.01.7 IRRIGATION SYSTEM MAINTENANCE
The controlling factor in the performance of water management is the application of water to landscape plants at a rate which closely matches the actual needs of the plant material with no runoff. Contractor shall have the sole responsibility for managing the City's irrigation usage and must remain within allocated water budgets and tiered rates established by water purveyors. Should the contractor exceed the established allocated water budget set for each water meter and enter the excessive or wasteful tiered rates, those overages shall be charged against contractor's monthly maintenance invoice. Irrigator to monitor/report, adjust & repair irrigation system and program controller(s).
lrrigation/Operation and Maintenance Scheduled Times
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70 Title: Civic Center Landscape and Streetscape Maintenance Services 43 1. Irrigation shall be accomplished in accordance with Contractor-provided schedules subject to approval by the City. The following irrigation times shall be applied to various types of public facilities.
Available Water Schedule:
Automated Irrigation-
Civic Center (Sunday-Thursday) Manual Irrigation
Civic Center (Monday-Friday):
8:00PM - 6:00 AM
8:00 AM - 3:00 PM
2. Adjust irrigation controllers to comply with designated watering windows and Contractor- provided schedules. Inefficient water management will result in a Performance Deficiency Reduction.
3. Contractor shall monitor the requirements of the plant material, soil conditions, seasonal temperature variations, wind conditions and rainfall, and shall recommend appropriate changes in duration of watering cycles
4. Contractor shall respond within one (1) hours of any request by the Public Works Manager to turn on/off irrigation systems, particularly in respect to rainfall.
5. All damages resulting from under or over watering shall be repaired at the Contractor's expense.
Operation/Repair
1. The entire irrigation system, including all components connected to meters, shall be maintained in an operational state at all times. This coverage shall include but not be limited to the following: all controllers and remote control valves; gate valves, ball valves, and backflow devices; main and lateral lines; pumps; sprinkler heads; moisture sensing devices; and all related equipment. Contractor is required to notify the Public Works Manager of mainline failures within four (4) hours of occurrence.
2. All irrigation systems shall be tested and inspected a minimum of once every week (excluding Saturday and Sunday) and a written report shall be submitted on a weekly basis and in accordance with the schedule submitted at the start of the contract showing the location, day of week, and time of day that each system was tested. Any changes shall be submitted for approval prior to enactment. Failure to inspect irrigation systems within the required timeframes shall result in a performance deduction.
3. All systems shall be adjusted in order to:
A. Provide adequate coverage of all landscape areas
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71 Title: Civic Center Landscape and Streetscape Maintenance Services 44 B. Prevent runoff and/or erosion
C. Prevent watering roadways, walkways, trails, fences, and private property and minimize water usage for cleanup operations
D. Match precipitation rates
E. Limit evapotranspiration loss using State of California ET area ratings.
F. Limit hazardous conditions
G. Contractor will adjust or clean as necessary all drip irrigation lines, filters, emitters, sprinkler heads, quick couplers, or valves to continue operation of maximum efficiency and performance.
H. Sprinkler heads shall be kept clear of overgrowth, which may obstruct maximum operation. Chemical edging around turf heads will not be permitted. Raising heads or lowering grade and reseeding are options to keeping head height in the correct position for maximum effectiveness.
I. Contractor will keep system in adjustment valve or head adjustment to keep all systems operating at manufacturer’s recommended operating pressures. This shall be accomplished by valve throttling and pressure gauging. At all times, the valves should be throttled, to prevent sprinkler heads from fogging, allowing maximum droplets for effective watering. At any time, the Public Works Manager may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system.
J. Contractor shall keep backflow prevention devices in satisfactory condition per Orange County Department of Health
requirements. Contractor shall provide all materials and labor necessary for repairing backflow prevention devices. Contractor shall perform backflow prevention device test as per Orange County Department of Health requirements and submit copies of completed tests to the City annually.
K. Contractor shall keep all controller box enclosures in good working order. This includes door panels, hinges, locks, etc. All enclosures, electric meter enclosures, and backflow devices shall be kept in a deep forest green if painted. City must approve color of paint prior to application.
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72 Title: Civic Center Landscape and Streetscape Maintenance Services 45 L. Irrigation controllers shall be kept in continuous working order. Contractor shall repair and clean the irrigation controllers as needed to insure good working performance.
M. Weekly, the Contractor shall make the following checks and adjustments to all sprinkler head operations to maintain proper coverage.
Rotaries and Impacts: Impacts Only:
1. Clogged Nozzles 1. Spring Tension
2. Plant Obstruction Pattern 2. Bent or Mal-Adjusted Arm
3. Arc Coverage Adjustment 3. Spoon, Breaker
4. Riser Seal Leaks 4. Proper Reversing Radius
5. Set to Grade
6. Coverage-Pressure
7. Rotational Speed
8. Clogged Screens
9. Heal Damage
10. Swing Joint Damage
N. Contractor will make the following changes as needed, raising, lowering, moving or addition heads to provide adequate of all landscape areas as needed. Riser height shall be adjusted or extended in shrub and ground cover area, per growth of plant materials. Plant material shall be trimmed away from sprinkler heads to allow for full radius coverage.
1. All system malfunctions, damage, and obstructions shall be recorded and timely corrective action taken.
2. In addition to weekly testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed, or reported; daily if necessary.
A. Repair malfunctioning controllers, quick couplers, manual or automatic valves and sprinkler heads within four (4) hours from observation or of receipt of notice.
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73 Title: Civic Center Landscape and Streetscape Maintenance Services 46 B. Correct deficient irrigation systems and equipment as necessary following notification from the Public Works Manager.
The Contractor shall turn off irrigation systems immediately as directed during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices.
C. Once the City acknowledges the necessity to turn on the water once again, all controllers shall be activated
3. Adjustment, damage, and repairs shall be divided into the following categories and actions:
A. Any repairs made by the Contractor will be in accordance with the original details. At no time shall contractor install irrigation heads other than what is on-site at the time of inspection. (i.e.: Rainbird irrigation heads will not be installed where Hunter irrigation heads are the uniform irrigation head.) Failure to comply with this issue will result in a performance deduction issued once every day until mismatched irrigation heads are removed and the proper heads are installed.
Contractor shall keep an adequate supply of replacement heads and drip irrigation components on repair vehicle at all times. Contractor shall make repairs immediately using "like" materials to maintain uniformity and to match application rates. Contractor shall replace, at his cost, any irrigation heads installed improperly or heads that do not match existing or "like" heads.
B. All sprinkler heads shall be adjusted to maintain proper coverage.
Adjustment shall include, but not be limited to, actual adjustments to heads, cleaning and flushing heads and lines, and removal of obstructions. Costs for adjustment shall be included in costs for operation and maintenance of the irrigation system.
C. Repairs to the system caused by conditions under which the Contractor does not have direct control shall be done by others or paid for by the City. Repairs under this category shall be "extra work" and are as follows:
1) Theft (missing heads)
2) Storm damage (Acts of God)
3) Damage by others
4) Malfunctions to automatic controller, remote control valves, pressure or lateral lines.
D. Damage and repairs shall be divided as follows:
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74 Title: Civic Center Landscape and Streetscape Maintenance Services 47 1. Minor repairs shall include, but not be limited to, all irrigation components from, and including, the valve to lateral line and heads/emitters, replacement of adjusting pins, friction collars, washers, trip assemblies, tubing, nozzles and other small parts. City will compensate contractor for parts’ wholesale price plus tax. The labor cost for minor repairs shall be included in the costs for operations and maintenance of the irrigation system.
2. Major repairs shall include all items between the automatic control valve to the water meter including but not limited to backflow devices, pressure regulators, irrigation controllers, and mainline control wire (except as previously noted). City will compensate contractor for parts’ wholesale price plus tax. The labor cost for major repairs shall be included in the costs for operations and maintenance of the irrigation system
E. Repairs the irrigation system shall be completed within 12 hours after approval of the Irrigation Materials Request Form by the Public Works Manager for major component damage such as broken irrigation mainlines.
F. Contractor shall be responsible for adjusting height of sprinkler risers necessary to compensate for growth of plant material. If pop-ups are used, adjust pop- up height and do not convert to a riser.
G. Work performed by the Contractor and paid for as extra work will be guaranteed for a period of one year by the Contractor.
H. Until the ground cover plantings are established, care shall be exercised to minimize silting of walks from soil erosion by the use of proper irrigation programming. The Contractor shall use repeat cycles to minimize run-off whenever possible.
I. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in the frequency of irrigation. Costs will be determined from comparisons of usage with historical usage for the same time period. Costs to be deducted from monthly payments will be presented to the Contractor by the City.
J. The Public Works Manager will do spot inspections to check the accuracy of the Contractor's maintenance reports. If discrepancies are found, the Contractor will have twenty-four (24) consecutive hours to correct problems. While the Contractor is correcting problems in unsatisfactory areas, the specified level of service will be maintained in all other aspects of this Contract.
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75 Title: Civic Center Landscape and Streetscape Maintenance Services 48 K. The Contractor shall adjust sprinkler heads and valve boxes to the level of the ground surface as necessary or when instructed by the Public Works Manage Control valves, sprinklers, and direct burial control wires shall be located and repaired by the Contractor.
L. The Contractor shall be responsible for properly removing control clocks needing repair, marking station wires, delivering clocks for repairs to a City- approved repair facility, and reinstalling the control clock with station wires in the original order as found. If repairs encountered will take more than two working days to correct, a temporary controller, supplied by the Contractor, will be installed by the Contractor until the permanent controller can be repaired.
M. When sprinkler systems are out of service due to the Contractor's neglect, the Contractor shall be required to water by hand or other means in accordance with plant and vegetation needs. This shall not be an extra labor charge.
N. When rain occurs or is in the forecast with some certainty, all sprinkler system controllers shall be turned off by the Contractor's personnel. The Contractor will notify the City before the turn-off process starts and when the turn-off process is completed. The Public Works Manager will confer with the Contractor when the sprinkler system controllers are to be turned back on.
O. The Contractor shall be held responsible for damage done to sprinkler heads and valves due to careless operation of vehicles and lawn mowers.
7. Personnel
A. The Contractor shall provide personnel fully trained in all phases of landscape irrigation system operation, maintenance, adjustments, and repair; in all types of components to include irrigation controllers, valves, moisture sensing devices, and sprinkler heads; and with all brands and models of irrigation equipment used within the City including Calsense irrigation controllers. A certified irrigation technician is required for both contracts. The identified irrigator cannot be removed without City approval, nor can a new irrigator begin without City consent.
B. The Contractor shall provide personnel knowledgeable of, and proficient with, current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
76 Title: Civic Center Landscape and Streetscape Maintenance Services 49 C. The Contractor shall provide personnel capable of verbal and written communication in a professional level of English.
D. Contractor shall provide the following minimal personnel at the Civic Center:
• Contract Superintendent (On-Call)
• Irrigator (On-Call)
• Journeyman Laborer (1) (Required 40 hours per week)
• Senior Landscape Technician (On-Call)
This is the minimum staff levels the City requires to ensure that all maintenance work is completed on schedule to avoid performance deficiency deductions. Should the Contractor need to increase its labor force to maintain the required schedules, the cost for additional labor shall be absorbed by the Contractor. No additional compensation for added labor will be allowed. A list of active crew members is required. Any changes to the normal crew are required to be identified and reported to the Public Works Manager.
All contract personnel assigned to the City shall wear company uniforms that clearly identify each worker while working in City parks.
E. Completion of Extra Work
All extra work shall not be completed by maintenance crews. Contractor will be required to provide separate crews to provide extra work. Contractor will required to provide a written cost proposal for all repairs and improvements with the exception of irrigation system repairs. Upon approval, the Public Works Manager shall issue a Notice to Proceed for the improvement/repair work and that work shall be completed by a specified date. Failure to complete all repairs and/or improvements by the specified completion date in the Notice to Proceed shall result in a 10% reduction in the cost proposal for that work.
8. Materials
A. All replacement materials are to be with original types and models unless a substitute is approved by the Public Works Manager.
B. Any replacement material not designated as original types and models will be approved by the Public Works Manager. Any materials determined to be Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
77 Title: Civic Center Landscape and Streetscape Maintenance Services 50 different from original types will be approved under a separate cost proposal describing the difference in material. The cost difference for the new material will be negotiated with the contractor and require approval by the Public Works Manager.
C. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems.
D. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty.
E. The actual cost of all material passed on to the City shall be wholesale cost of the material.
1) The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price, including discount available.
2) At no time shall the cost of materials exceed the retail cost from the current price list, minus the discount rates quoted in the bid. 3) The total cost of materials shall include the following - • Wholesale cost (retail costs minus Contractor's discount), as stated above.
• Applicable sales tax.
• A markup of 10% maximum for all overhead costs and profits.
F. All materials are to be new and identical to existing materials, unless directed otherwise by the Public Works Manager.
9. Invoicing
A. Since all normally anticipated labor costs are to be included in the contract amount, emergency call-outs after working hours will be considered extra work compensation. This type of work shall be defined as "extra work".
B. Irrigation Repair Invoices shall be organized according to controller number and submitted on a weekly basis to reflect work carried out via the irrigation management sheet.
10. Water Management
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78 Title: Civic Center Landscape and Streetscape Maintenance Services 51 A. All systems shall be programmed weekly and/or a needed to maintain healthy plant material and landscape.
B. All program changes shall be recorded on an Irrigation Management Form.
C. Water meter reading for each system shall be submitted on a weekly report.
D. The watering schedule will be established and programmed by the Contractor. Application rates will be based on the amount the planting areas are capable of absorbing without excessive run-off. The irrigation system schedule shall be monitored and adjusted accordingly to maintain an efficient use of water being applied.
E. In determining rates of application, soil type, topography, and weather conditions will be taken into consideration. The project sites are equipped with an automatic system which provides for repeat cycles, applying water over shorter periods of time that will allow for proper infiltration and thereby minimize run-off.
F. The irrigation system will be physically observed a minimum of once every week (excluding Saturday and Sunday) to keep the system operating at an optimum level of efficiency.
G. Particular observation shall be paid to all slope areas which will, by physical nature, provide for greatest potential run-off.
H. Contractor will be responsible for hand watering any areas not provided with an irrigation system.
I. In those areas where a drip/water saver system is used, the Contractor will be required to hose off or wash dust/soot off plant material weekly or more often if required to prevent plant damage or as directed by Public Works Manager.
J. Contractor will submit to the Public Works Manager a copy of the irrigation schedule for each controller Contractor will be expected to use minimal amount of water in all areas, but maintain healthy plant growth.
L. Where moisture sensing devices are used, a continual monitoring will be made to assure units are functioning properly. If malfunction is noted, the Public Works Manager will be notified immediately.
M. Automatic controllers will be kept locked at all times using City’s common lock.
N. All non-stainless steel controller enclosures must be painted as needed to maintain a good appearance. Color will be determined by the Public Works Manager. New enclosures shall be made of stainless steel.
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79 Title: Civic Center Landscape and Streetscape Maintenance Services 52 0. Contractor will maintain an active "site schedule" and color-coded site map denoting each area of irrigation in each controller enclosure. Any changes made in the field or to the current program will be documented on the site schedule to ensure the most recent, active schedule is represented. Copies of site map and all the changes shall be provided to the Public Works Manager.
11. Maintenance of Drainage Facilities
The Contractor shall be responsible for continual inspection of surface drains (i.e., bench drains, flow structures, v-ditches). Surface drains shall be checked and maintained free of obstructions and debris at all times to assure proper drainage. Remove any debris or vegetation which accumulates and prevents proper flow of water. All drain sumps or catch basins and drain lines shall be cleared at least twice per year or as directed by the Public Works Manager.
o Remove soil, debris, and vegetation from grates.
o Skimming out soil from perimeter of drains to a depth of approximately one inch below grate inlet elevation.
o Removal of soil and debris from inside area drains.
o Flushing drain lines.
o Replacement of broken or damaged grates, drain inlet bodies, and drain lines.
Landscape Drainage Swales and Flow Lines:
All landscape areas shall have positive surface sheet flow drainage patterns to swales, which then direct water to landscape area drains or paved surfaces with positive drainage. The landscape swales were formed precisely to insure positive surface drainage away from structures, walls, and other construction elements.
A. Periodic inspection of low lines to insure their proper function.
B. In shrub areas, removal of soil, silt, vegetation, and other debris that may block the flow of water to the required area drain. Low spots that may hold water shall also be filled.
Failure to comply with the scope of work for Irrigation System Maintenance shall be $400 per incident per day.
12. Guarantee And/Or Replacement Policy
All new plant material and irrigation installations shall be guaranteed for a period of one calendar year except due to "Acts of God", i.e., damage or death of plant material due to wind, storm, vandalism, theft, or other willful acts over which the maintenance contractor has no control.
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80 Title: Civic Center Landscape and Streetscape Maintenance Services 53 Existing plants shall be replaced by Contractor at the Contractor's expense, if it is determined by the Public Works Manager that they died due to Contractor's negligence. All irrigation system components that fail or break as a result of contractor negligence shall be replaced by the contractor at their expense.
13. Landfill Diversion
Contractor shall be responsible for the recycling of all green waste generated from maintenance operations within the City. Green wastes shall be diverted from the County landfill to an approved reclamation site and processed for recycling.
Contractor shall submit a Landfill Diversion Report on a monthly basis to the City.
Reports shall be filled out in full on a monthly basis.
14. Protection of Existing Facilities
Protect all irrigation, facilities, hardscape, landscape, and utilities. Any damage by Contractor (including, but not limited to irrigation heads and pipe) shall be replaced by Contractor immediately. Replacement materials and work are subject to approval by City. Protect all landscaped areas. Ruts and other damage caused by vehicles, equipment or other causes shall be eliminated and areas replanted per requirements of City.
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81 Title: Civic Center Landscape and Streetscape Maintenance Services 54 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.
Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
82 Title: Civic Center Landscape and Streetscape Maintenance Services 55 7. EXHIBIT "C" - COMPENSATION
7.1. EXHIBIT "C" - COMPENSATION
Contractor 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 SIX HUNDRED TWENTY-EIGHT THOUSAND TWO HUNDRED SIXTY-SIX DOLLARS AND NINETY-NINE CENTS ($628,266.99).
Schedule A - Routine Maintenance
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Routine Maintenance - Civic
Center Plaza
36 Monthly $3,911.38 $140,809.68
2 Routine Maintenance -
Parkways & Streetside Slopes
36 Monthly $902.63 $32,494.68
3 Routine Maintenance -
Mitigation Area and Slopes
36 Monthly $1,203.50 $43,326.00
Total Schedule A - Routine Maintenance: $216,630.36
Schedule B- Irrigation System Maintenance/Repair Parts
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Drip Line Strainer 2"Y 60 Each $62.77 $3,766.20
2 Drip Line Filter Cart 2" 87 Each $31.78 $2,764.86
3 Drip Line 1/2" Comp Coupling 150 Each $.31 $46.50
4 500 Ft 1/2 Dripline 12" Spacing
.90 GPM
3 Each $135.12 $405.36
5 Cal Sense Flow Meter Bronze
1.5"
3 Each $1,048.31 $3,144.93
6 Cal Sense Motor Valve 1.5" /
Superior 3300
3 Each $385.04 $1,155.12
7 Febco 825YA Back Flow 2" 3 Each $1,882.44 $5,647.32
8 PTA Stainless Steel Container
Enclosure
3 Each $1.08 $3.24
9 Rain Bird 1812 SAM PRS W/Van
Nozzle
300 Each $19.33 $5,799.00
10 Rain Bird 1" RCV GB Series 60 Each $91.31 $5,478.60
11 Rain Bird 1-1/2" RCV GB Series 60 Each $118.31 $7,098.60 12 Rain Bird 2" RCV GB Series 60 Each $180.84 $10,850.40 13 Superior 3" Non Pressure
Regulating Brass Valve
60 Each $258.12 $15,487.20
14 Rain Bird 3/4 3-RC Quick
Coupling Valve
60 Each $57.84 $3,470.40
Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
83 Title: Civic Center Landscape and Streetscape Maintenance Services 56 15 Rain Bird 1" 44-RC Quick
Coupling Valve
60 Each $107.49 $6,449.40
16 Hunter Rotor - SRM 150 Each $11.18 $1,677.00
17 Hunter Rotor - PGP ULTRA 75 Each $11.84 $888.00
18 Hunter Rotor - PGP ADJ 75 Each $10.24 $768.00
19 Hunter Rotor - I-20 75 Each $16.08 $1,206.00
20 Hunter Rotor - I 20 PRB 75 Each $27.10 $2,032.50
21 Hunter Rotor - I 40 75 Each $73.69 $5,526.75
22 STD MP Rotor Nozzles 150 Each $6.04 $906.00
23 MP Rotor MP 800 Nozzle 150 Each $6.04 $906.00
24 MP Rotor Stake Kit 150 Each $2.29 $343.50
25 Plastic/Rectangular RCV Box
W/Lid
75 Each $36.58 $2,743.50
26 Plastic/Round QCV Box W/Lid 75 Each $16.45 $1,233.75 27 Rain Bird 1" Valve Replacement 150 Each $15.45 $2,317.50 28 Rain Bird 1-1/2" Valve
Replacement Diaphragm
150 Each $57.90 $8,685.00
29 Rain Bird RCV Replacement
Solenoid
150 Each $34.14 $5,121.00
Total Schedule B- Irrigation System Maintenance/Repair Parts: $105,921.63 Schedule C - Plant Material
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Annual Color 300 Each $25.00 $7,500.00
2 Ground Cover 300 Each $35.00 $10,500.00
3 One (1) Gallon Shrub 300 Each $10.00 $3,000.00
4 One (1) Gallon Premium Shrub 300 Each $15.00 $4,500.00 5 Five (5) Gallon Shrub 300 Each $25.00 $7,500.00
6 Five (5) Gallon Premium Shrub 300 Each $35.00 $10,500.00 7 Fifteen (15) Gallon Shrub 150 Each $95.00 $14,250.00
8 Fifteen (15) Gallon Premium
Shrub
150 Each $125.00 $18,750.00
9 Fifteen (15) Gallon Tree
W/Stakes and Ties
150 Each $150.00 $22,500.00
10 Twenty-Four (24) Inch Box Tree
W/Stakes and Ties
75 Each $450.00 $33,750.00
11 Thirty-Six (36) Inch Box Tree
W/Stakes and Ties
60 Each $1,300.00 $78,000.00
Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
84 Title: Civic Center Landscape and Streetscape Maintenance Services 57 12 Tree Trimming Per ASA
Standards All Sizes
300 Each $54.00 $16,200.00
13 Tree Removal All Sizes 75 Each $85.00 $6,375.00
14 Install Mulch 300 Cu. Yds. $65.00 $19,500.00
15 Rototill 3000 Square Feet $.50 $1,500.00
16 Soil Test 75 Each $600.00 $45,000.00
17 Mechanical Trenching 3000 Linear Feet $.95 $2,850.00 18 Fertilization (Mitigation Area) 3 Each $420.00 $1,260.00 19 Pre-Emergency Application 3 Each $430.00 $1,290.00
20 Herbicide Application 3 Each $330.00 $990.00
Total Schedule C - Plant Material: $305,715.00
Annual Total: $209,422.33
Total 3 Year Contract: $628,266.99
Tropical Plaza Nursery, Inc.
Position Regular Rate Overtime Rate
Landscape Maintenance Supervisor $75.00 $110.00
Landscape Foreman $60.00 $90.00
Irrigation Specialist $60.00 $78.00
Landscape Maintenance Labor $50.00 $75.00
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.
Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
85 Title: Civic Center Landscape and Streetscape Maintenance Services 58 8. EXHIBIT "D" - INSURANCE REQUIREMENTS
8.1. EXHIBIT "D" - INSURANCE REQUIREMENTS
1.1.1 Time for Compliance. Contractor 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, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor 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 Contractor, 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, Contractor 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 not 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) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5,000,000 per loss and $10,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.
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.
Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
86 Title: Civic Center Landscape and Streetscape Maintenance Services 59 1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability and Contractor’s Pollution 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. For all policies of Commercial General Liability insurance, Contractor 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.
Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (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) 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 required 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 Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor 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 subcontractors.
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 Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
87 Title: Civic Center Landscape and Streetscape Maintenance Services 60 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 Contractor, 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, Contractor 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 Contract 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 Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
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). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.
1.1.11 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section 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 Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor’s policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor’s policies. All policies of Commercial General Liability insurance provided by Contractor’s subcontractors 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. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor’s compliance with all Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
88 Title: Civic Center Landscape and Streetscape Maintenance Services 61 insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.
Docusign Envelope ID: BC07A68D-46C5-8456-8359-6F73B44FE9CF Item: 7
89 Attachment 2
Item: 7
90 Tropical Plaza Nursery Contact #1: Contact #2: Contact #4:
Agency: City of Corona
Riverside County
Transportation Commission
Orange Lutheran High
School
Contact Info: David Brooks George Salas Jeremy Johnston (951) 773-0318 (951) 453-5037 (714) 943-8065
QUESTIONS RESPONSE RESPONSE RESPONSE
1. What were the services
performed? Landscape Services Landscape Services Landscape Services
2. How would you rate the quality
of work? Good 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 Yes
5. Were there any issues with
the firm? (Yes/No) (No, please
explain.)
No No No
6. Do you have any additional
comments or information
regarding your experience with
the firm?
Quality of work good. Staff communicates well. None
DATE: 5/03/2026
CITY OF LAKE FOREST
DEPARTMENT OF PUBLIC WORKS
CIVIC CENTER LANDSCAPE AND STREETSCAPE MAINTENANCE SERVICES REFERENCE CHECK Item: 7
91 CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/2/2026
DEPARTMENT: City Manager
SUBJECT:
AMENDMENT TO CLASSIFICATION PLAN AND COMPENSATION
SCHEDULE FOR FISCAL YEAR 2025-26
RECOMMENDED ACTION(S):
Adopt Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, ADOPTING A REVISED
CLASSIFICATION PLAN AND COMPENSATION SCHEDULE.
EXECUTIVE SUMMARY:
The Lake Forest Classification Plan and Compensation Schedule (“Classification Plan”) identifies salary ranges for City job classifications and lists the number of budgeted full-time positions. Revisions to the Classification Plan are designed to meet the current needs of the City while also providing flexibility to address evolving work demands in the future.
The proposed Classification Plan for Fiscal Year (“FY”) 2025–26 includes the addition of one (1) full-time Assistant City Manager position. (Attachment 1). This position is intended to support a smooth leadership transition in anticipation of the retirement of the existing Assistant City Manager at the end of the calendar year. The temporary overlap is intended to allow for knowledge transfer and ensure continuity of critical projects and initiatives.
If adopted, the City’s Classification Plan would remain at 97 full-time classifications, with a total of 81 authorized full-time positions for Fiscal Year 2025-26 (Attachment 1). Staff anticipates there is sufficient funding due to salary savings to cover the estimated additional cost of the proposed plan. If additional funds are needed, a request would be included in the Mid-Year appropriations for Fiscal Year 2026-27.
Staff is recommending the City Council adopt the Resolution revising the City’s Classification Plan and Salary Schedule (Attachment 2). _________
BACKGROUND:
Item: 8
92 4
0 2
8 The City evaluates the organization and makes necessary adjustments based on emerging issues or opportunities. Revisions to the Classification Plan are designed to meet the current needs of the City, while providing flexibility to assess evolving work demands in the future. Staff routinely analyze the Classification Plan when vacancies occur and with the adoption of City’s biennial budget.
DISCUSSION:
The Assistant City Manager plays a key role in supporting City operations, including the oversight of major departments, coordination of initiatives across the organization, and implementation of City Council priorities. The position also provides day-to-day executive support and carries a significant amount of institutional knowledge.
The current Assistant City Manager has announced retirement effective at the end of the calendar year. Because of the scope of the role, a transition is proposed to avoid disruption to City operations and to ensure responsibilities are transferred appropriately.
Staff is recommending the addition of a temporary Assistant City Manager position to allow for an overlap period before the current incumbent retires. The intent is to allow for training, knowledge transfer, and continuity in ongoing projects and priorities. A second Assistant City Manager is not intended to be permanent , but a short-term overlap to support a smooth transition. Such an overlap will reduce the risk disruption to ongoing initiatives that span departments or involve external partners.
Due to the executive-level responsibilities of the Assistant City Manager position and the competitive market for experienced Assistant City Managers, staff determined that deploying an executive recruitment is necessary to attract a well- qualified candidate. The estimated start date for the Assistant City Manager is early Fall.
During the overlap period, the incoming Assistant City Manager would have the opportunity to work directly with the current incumbent on active projects, Council priorities, and key external relationships. This will also support continuity in executive-level decision-making and reduce the risk of delays during the transition.
The overlap is expected to last approximately four months. Once the transition and knowledge transfer are complete, the temporary position will be removed.
This does not represent a permanent increase in authorized positions.
Item: 8
93 4
0 2
8 The proposed City’s Classification Plan would include the addition of one full-time position to bring the total of 81 authorized full-time positions for Fiscal Year 2025-
26. Staff recommends the City Council adopt the Resolution revising the City’s Classification Plan and Salary Schedule (Attachment 2).
FISCAL IMPACT:
There is sufficient funding due to salary savings to cover the estimated additional cost of the proposed plan. If additional funds are needed, a request would be included in the Mid-Year appropriations for Fiscal Year 2026-27.
ATTACHMENTS:
1. Revised Classification Plan and Compensation Schedule FY 2025-26
2. Resolution Adopting a Revised Classification and Compensation Schedule Initiated By: Shelly Cisneros, Human Resources Manager
Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 8
94 ATTACHMENT 1
Item: 8
95 City Manager 1 $308,427 - $322,306 7/1/2025 6/3/2025 Assistant City Manager 88 $17,780 $23,114 1 2 2026-XX
Deputy City Manager 84 $16,108 $20,940 1 2026-XX
Director of Finance 82 $15,332 $19,931 1 2026-XX
Director of Public Works/City Engineer 82 $15,332 $19,931 1 2026-XX Director of Community Development 81 $14,958 $19,445 1 2026-XX Director of Management Services 80 $14,593 $18,971 0 2026-XX Director of Community Services 79 $14,237 $18,508 0 2026-XX Asst Dir of Public Works/Asst City Engineer 76 $13,221 $17,187 1 2026-XX Assistant Director of Finance 75 $12,898 $16,768 1 2026-XX Director of Economic Development 75 $12,898 $16,768 0 2026-XX Engineering Services Manager/Asst City Engineer 74 $12,584 $16,359 0 2026-XX Assistant Director of Community Development 73 $12,277 $15,960 1 2026-XX Deputy Director of Maintenance and Facilities 73 $12,277 $15,960 1 2026-XX Building Official 72 $11,977 $15,570 1 2026-XX
Information Technology Manager 72 $11,977 $15,570 1 2026-XX Accounting Manager 71 $11,685 $15,191 1 2026-XX
Planning Manager 71 $11,685 $15,191 0 2026-XX
CIP Manager 70 $11,400 $14,820 1 2026-XX
Traffic Engineering Manager 70 $11,400 $14,820 1 2026-XX City Clerk 69 $11,122 $14,459 1 2026-XX
Human Resources Manager 69 $11,122 $14,459 1 2026-XX
Public Works Maintenance Manager 69 $11,122 $14,459 0 2026-XX Principal Civil Engineer 68 $10,851 $14,106 1 2026-XX
Facilities Manager 66 $10,328 $13,426 1 2026-XX
Economic Development/Housing Manager 65 $10,076 $13,099 1 2026-XX Recreation Manager 65 $10,076 $13,099 2 2026-XX
Assistant to the City Manager 63 $9,591 $12,468 1 2026-XX Principal Planner 63 $9,591 $12,468 0 2026-XX
Public Safety Manager 63 $9,591 $12,468 1 2026-XX
Code Enforcement Manager 62 $9,357 $12,164 0 2026-XX
Communications & Marketing Manager 61 $9,128 $11,867 1 2026-XX Senior Information Technology Analyst 60 $8,906 $11,577 0 2026-XX Accounting Supervisor 59 $8,688 $11,295 0 2026-XX
Administrative Services Manager 59 $8,688 $11,295 1 2026-XX Classification Plan and Compensation Schedule
FY 2025-26
Effective March 3, June 2, 2026
Monthly Range
Minimum Annual Effective Date
if Different
Monthly Range
Maximum Resolution # Council
Meeting Date# of Pos AuthFull Time Job Classification* Salary Grade
1 Item: 8
96 Classification Plan and Compensation Schedule
FY 2025-26
Effective March 3, June 2, 2026
Environmental Manager 59 $8,688 $11,295 1 2026-XX
Senior Planner 59 $8,688 $11,295 3 2026-XX
Senior Street Maintenance Administrator 58 $8,477 $11,019 1 2026-XX Economic Development Manager 57 $8,270 $10,751 0 2026-XX Housing Manager 57 $8,270 $10,751 0 2026-XX
Senior Financial Analyst 57 $8,270 $10,751 0 2026-XX
Senior Management Analyst 57 $8,270 $10,751 3 2026-XX
Code Enforcement Supervisor 56 $8,068 $10,489 1 2026-XX Information Technology Analyst 56 $8,068 $10,489 2 2026-XX Senior Recreation Supervisor 56 $8,068 $10,489 3 2026-XX Facilities Supervisor 55 $7,871 $10,233 1 2026-XX
Public Works Supervisor 55 $7,871 $10,233 0 2026-XX
Senior Communications & Marketing Analyst 55 $7,871 $10,233 0 2026-XX Senior Building Inspector 54 $7,871 $10,233 2 2026-XX
Senior Landscape Administrator 54 $7,679 $9,983 2 2026-XX Street Maintenance Administrator 54 $7,679 $9,983 0 2026-XX Senior Accountant 53 $7,492 $9,740 0 2026-XX
Associate Planner 52 $7,309 $9,502 1 2026-XX
Environmental Compliance Inspector 52 $7,309 $9,502 1 2026-XX GIS/Applications Analyst 52 $7,309 $9,502 0 2026-XX
Communications & Marketing Analyst 51 $7,131 $9,270 1 2026-XX Finance Analyst 51 $7,131 $9,270 1 2026-XX
Human Resources Analyst 51 $7,131 $9,270 1 2026-XX
Management Analyst 51 $7,131 $9,270 3 2026-XX
Recreation Supervisor 51 $7,131 $9,270 3 2026-XX
Building Inspector 50 $7,131 $9,270 0 2026-XX
Landscape Administrator 50 $6,957 $9,044 1 2026-XX
Senior Code Enforcement Officer 50 $6,957 $9,044 2 2026-XX Accountant 49 $6,787 $8,824 1 2026-XX
Executive Assistant 49 $6,787 $8,824 1 2026-XX
Senior Communications & Marketing Specialist 49 $6,787 $8,824 1 2026-XX Senior Community Outreach Specialist 49 $6,787 $8,824 0 2026-XX Assistant City Clerk 48 $6,622 $8,608 1 2026-XX
Information Technology Specialist 48 $6,622 $8,608 0 2026-XX Communications & Marketing Specialist 47 $6,460 $8,398 0 2026-XX Management Assistant 47 $6,460 $8,398 3 2026-XX
Assistant Planner 46 $6,303 $8,194 0 2026-XX
Code Enforcement Officer 46 $6,303 $8,194 2 2026-XX
2 Item: 8
97 Classification Plan and Compensation Schedule
FY 2025-26
Effective March 3, June 2, 2026
GIS/Applications Technician 46 $6,303 $8,194 0 2026-XX
Records Coordinator 46 $6,303 $8,194 1 2026-XX
Senior Accounting Technician 46 $6,303 $8,194 2 2026-XX Community Outreach Specialist 45 $6,149 $7,994 1 2026-XX Engineering Technician 45 $6,149 $7,994 0 2026-XX
Senior Facilities Maintenance Specialist 45 $6,149 $7,994 0 2026-XX Senior Audio-Visual Technician 44 $5,999 $7,799 1 2026-XX Senior Building Permit Technician 43 $5,853 $7,609 3 2026-XX Senior Permit Technician 43 $5,853 $7,609 1 2026-XX
Accounting Technician 42 $5,710 $7,423 0 2026-XX
Administrative Specialist 42 $5,710 $7,423 2 2026-XX
Human Resources Technician 42 $5,710 $7,423 0 2026-XX
Building Permit Technician 41 $5,571 $7,242 0 2026-XX
Engineering Aide 41 $5,571 $7,242 0 2026-XX
Facilities Maintenance Specialist 41 $5,571 $7,242 1 2026-XX Management Aide 41 $5,571 $7,242 0 2026-XX
Permit Technician 41 $5,571 $7,242 0 2026-XX
Planning Aide 41 $5,571 $7,242 0 2026-XX
Audio-Visual Technician 40 $5,435 $7,065 0 2026-XX
Community Preservation Technician 40 $5,435 $7,065 0 2026-XX Records Specialist 39 $5,302 $6,893 0 2026-XX
Senior Office Specialist 35 $4,804 $6,245 0 2026-XX
Receptionist/Cashier 33 $4,572 $5,944 0 2026-XX
Office Specialist 31 $4,352 $5,657 0 2026-XX
80 81Total Authorization Full Time Positions
* Classifications listed above can be filled on a part-time basis at the hourly equivalent of the monthly salary listed. 3 Item: 8
98 Classification Plan and Compensation Schedule
FY 2025-26
Effective March 3, June 2, 2026
Part Time Job Classification Pay Grade Hourly Step A Hourly Step B Hourly Step C Hourly Step D Hourly Step E Hourly Step F Hourly Step G Resolution # Recreation Coordinator H12 $30.80 $32.34 $33.96 $35.66 $37.44 $39.31 $41.28 2026-XX H11 $29.33 $30.80 $32.34 $33.96 $35.66 $37.44 $39.31 2026-XX H10 $27.93 $29.33 $30.80 $32.34 $33.96 $35.66 $37.44 2026-XX H9 $26.60 $27.93 $29.33 $30.80 $32.34 $33.96 $35.66 2026-XX H8 $25.33 $26.60 $27.93 $29.33 $30.80 $32.34 $33.96 2026-XX Parking Control Officer H7 $24.12 $25.33 $26.60 $27.93 $29.33 $30.80 $32.34 2026-XX Senior Intern H6 $22.97 $24.12 $25.33 $26.60 $27.93 $29.33 $30.80 2026-XX Recreation Specialist H5 $21.88 $22.97 $24.12 $25.33 $26.60 $27.93 $29.33 2026-XX H4 $20.84 $21.88 $22.97 $24.12 $25.33 $26.60 $27.93 2026-XX Intern; Senior Recreation Leader; Park Attendant H3 $19.85 $20.84 $21.88 $22.97 $24.12 $25.33 $26.60 2026-XX H2 $18.90 $19.85 $20.84 $21.88 $22.97 $24.12 $25.33 2026-XX Recreation Leader H1 $18.00 $18.90 $19.85 $20.84 $21.88 $22.97 $24.12 2026-XX 4 Item: 8
99 ATTACHMENT 2
Item: 8
100
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA,
ADOPTING A REVISED CLASSIFICATION PLAN
AND COMPENSATION SCHEDULE
THE CITY COUNCIL OF THE CITY OF LAKE FOREST DOES
HEREBY RESOLVE AS FOLLOWS:
WHEREAS, the Personnel Rules and Regulations for the City of Lake Forest provides for adoption, by resolution, of the Classification Plan and Compensation Schedule; and
WHEREAS, the Classification Plan and Compensation Schedule has been updated to add one (1) new position; and
WHEREAS, the City Council’s adoption of the Classification Plan and Compensation Schedule will ensure compliance with the applicable state regulations that require the disclosure of position classifications and the corresponding compensation; and
WHEREAS, it is necessary to adopt the Classification Plan and Compensation Schedule by resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. The revised Classification Plan and Compensation Schedule has been updated to add one (1) new position, attached hereto as Attachment A incorporated herein by this reference, is hereby adopted with an effective date of June 2, 2026.
PASSED, APPROVED AND ADOPTED this ___ day of _____, 2026 by the following vote, to wit:
_____________________
ROBERT PEQUEÑO
MAYOR
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ATTEST:
______________________________
THY MERRITT
CITY CLERK
APPROVED AS TO FORM:
______________________
MATTHEW 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,
California, do hereby certify that the foregoing Resolution No.__ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the ___ day of _____, 2026 by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_______________________
THY MERRITT
CITY CLERK
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Classification Plan and Compensation Schedule
FY 2025-26
Effective June 2, 2026
Full Time Job Classification* Salary
Grade
Monthly
Range
Minimum
Monthly
Range
Maximum
# of
Pos
Auth
Annual
Effective
Date if
Different
Resolution
#
Council
Meeting
Date
City Manager 1 $308,427 - $322,306 7/1/2025 6/3/2025 Assistant City Manager 88 $17,780 $23,114 2 2026-XX
Deputy City Manager 84 $16,108 $20,940 1 2026-XX
Director of Finance 82 $15,332 $19,931 1 2026-XX
Director of Public Works/City
Engineer 82 $15,332 $19,931 1 2026-XX
Director of Community
Development 81 $14,958 $19,445 1 2026-XX
Director of Management
Services 80 $14,593 $18,971 0 2026-XX
Director of Community Services 79 $14,237 $18,508 0 2026-XX Asst Dir of Public Works/Asst
City Engineer 76 $13,221 $17,187 1 2026-XX
Assistant Director of Finance 75 $12,898 $16,768 1 2026-XX Director of Economic
Development 75 $12,898 $16,768 0 2026-XX
Engineering Services
Manager/Asst City Engineer 74 $12,584 $16,359 0 2026-XX Assistant Director of
Community Development 73 $12,277 $15,960 1 2026-XX
Deputy Director of Maintenance
and Facilities 73 $12,277 $15,960 1 2026-XX
Building Official 72 $11,977 $15,570 1 2026-XX
Information Technology
Manager 72 $11,977 $15,570 1 2026-XX
Accounting Manager 71 $11,685 $15,191 1 2026-XX
Attachment A
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Planning Manager 71 $11,685 $15,191 0 2026-XX
CIP Manager 70 $11,400 $14,820 1 2026-XX
Traffic Engineering Manager 70 $11,400 $14,820 1 2026-XX City Clerk 69 $11,122 $14,459 1 2026-XX
Human Resources Manager 69 $11,122 $14,459 1 2026-XX
Public Works Maintenance
Manager 69 $11,122 $14,459 0 2026-XX
Principal Civil Engineer 68 $10,851 $14,106 1 2026-XX Facilities Manager 66 $10,328 $13,426 1 2026-XX
Economic
Development/Housing Manager 65 $10,076 $13,099 1 2026-XX Recreation Manager 65 $10,076 $13,099 2 2026-XX
Assistant to the City Manager 63 $9,591 $12,468 1 2026-XX Principal Planner 63 $9,591 $12,468 0 2026-XX
Public Safety Manager 63 $9,591 $12,468 1 2026-XX
Code Enforcement Manager 62 $9,357 $12,164 0 2026-XX
Communications & Marketing
Manager 61 $9,128 $11,867 1 2026-XX
Senior Information Technology
Analyst 60 $8,906 $11,577 0 2026-XX
Accounting Supervisor 59 $8,688 $11,295 0 2026-XX
Administrative Services
Manager 59 $8,688 $11,295 1 2026-XX
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Environmental Manager 59 $8,688 $11,295 1 2026-XX
Senior Planner 59 $8,688 $11,295 3 2026-XX
Senior Street Maintenance
Administrator 58 $8,477 $11,019 1 2026-XX
Economic Development Manager 57 $8,270 $10,751 0 2026-XX Housing Manager 57 $8,270 $10,751 0 2026-XX
Senior Financial Analyst 57 $8,270 $10,751 0 2026-XX
Senior Management Analyst 57 $8,270 $10,751 3 2026-XX Code Enforcement Supervisor 56 $8,068 $10,489 1 2026-XX Information Technology Analyst 56 $8,068 $10,489 2 2026-XX Senior Recreation Supervisor 56 $8,068 $10,489 3 2026-XX Facilities Supervisor 55 $7,871 $10,233 1 2026-XX
Public Works Supervisor 55 $7,871 $10,233 0 2026-XX
Senior Communications &
Marketing Analyst 55 $7,871 $10,233 0 2026-XX
Senior Building Inspector 54 $7,871 $10,233 2 2026-XX Senior Landscape Administrator 54 $7,679 $9,983 2 2026-XX Street Maintenance Administrator 54 $7,679 $9,983 0 2026-XX Senior Accountant 53 $7,492 $9,740 0 2026-XX
Associate Planner 52 $7,309 $9,502 1 2026-XX
Environmental Compliance
Inspector 52 $7,309 $9,502 1 2026-XX
GIS/Applications Analyst 52 $7,309 $9,502 0 2026-XX
Communications & Marketing
Analyst 51 $7,131 $9,270 1 2026-XX
Finance Analyst 51 $7,131 $9,270 1 2026-XX
Human Resources Analyst 51 $7,131 $9,270 1 2026-XX
Management Analyst 51 $7,131 $9,270 3 2026-XX
Recreation Supervisor 51 $7,131 $9,270 3 2026-XX
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Building Inspector 50 $7,131 $9,270 0 2026-XX
Landscape Administrator 50 $6,957 $9,044 1 2026-XX
Senior Code Enforcement Officer 50 $6,957 $9,044 2 2026-XX Accountant 49 $6,787 $8,824 1 2026-XX
Executive Assistant 49 $6,787 $8,824 1 2026-XX
Senior Communications &
Marketing Specialist 49 $6,787 $8,824 1 2026-XX
Senior Community Outreach
Specialist 49 $6,787 $8,824 0 2026-XX
Assistant City Clerk 48 $6,622 $8,608 1 2026-XX
Information Technology Specialist 48 $6,622 $8,608 0 2026-XX Communications & Marketing
Specialist 47 $6,460 $8,398 0 2026-XX
Management Assistant 47 $6,460 $8,398 3 2026-XX
Assistant Planner 46 $6,303 $8,194 0 2026-XX
Code Enforcement Officer 46 $6,303 $8,194 2 2026-XX
GIS/Applications Technician 46 $6,303 $8,194 0 2026-XX Records Coordinator 46 $6,303 $8,194 1 2026-XX
Senior Accounting Technician 46 $6,303 $8,194 2 2026-XX Community Outreach Specialist 45 $6,149 $7,994 1 2026-XX Engineering Technician 45 $6,149 $7,994 0 2026-XX
Senior Facilities Maintenance
Specialist 45 $6,149 $7,994 0 2026-XX
Senior Audio-Visual Technician 44 $5,999 $7,799 1 2026-XX Senior Building Permit Technician 43 $5,853 $7,609 3 2026-XX Senior Permit Technician 43 $5,853 $7,609 1 2026-XX
Accounting Technician 42 $5,710 $7,423 0 2026-XX
Administrative Specialist 42 $5,710 $7,423 2 2026-XX
Human Resources Technician 42 $5,710 $7,423 0 2026-XX Item: 8
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Building Permit Technician 41 $5,571 $7,242 0 2026-XX Engineering Aide 41 $5,571 $7,242 0 2026-XX
Facilities Maintenance Specialist 41 $5,571 $7,242 1 2026-XX Management Aide 41 $5,571 $7,242 0 2026-XX
Permit Technician 41 $5,571 $7,242 0 2026-XX
Planning Aide 41 $5,571 $7,242 0 2026-XX
Audio-Visual Technician 40 $5,435 $7,065 0 2026-XX
Community Preservation Technician 40 $5,435 $7,065 0 2026-XX Records Specialist 39 $5,302 $6,893 0 2026-XX
Senior Office Specialist 35 $4,804 $6,245 0 2026-XX
Receptionist/Cashier 33 $4,572 $5,944 0 2026-XX
Office Specialist 31 $4,352 $5,657 0 2026-XX
Total Authorization Full Time Positions 81
* Classifications listed above can be filled on a part-time basis at the hourly equivalent of the monthly salary listed.
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Part Time Job Classification Pay
Grade
Hourly
Step A
Hourly
Step B
Hourly
Step C
Hourly
Step D
Hourly
Step E
Hourly
Step F
Hourly
Step G
Resolution
#
Recreation Coordinator H12 $30.80 $32.34 $33.96 $35.66 $37.44 $39.31 $41.28 2026-XX H11 $29.33 $30.80 $32.34 $33.96 $35.66 $37.44 $39.31 2026-XX H10 $27.93 $29.33 $30.80 $32.34 $33.96 $35.66 $37.44 2026-XX H9 $26.60 $27.93 $29.33 $30.80 $32.34 $33.96 $35.66 2026-XX H8 $25.33 $26.60 $27.93 $29.33 $30.80 $32.34 $33.96 2026-XX Parking Control Officer H7 $24.12 $25.33 $26.60 $27.93 $29.33 $30.80 $32.34 2026-XX Senior Intern H6 $22.97 $24.12 $25.33 $26.60 $27.93 $29.33 $30.80 2026-XX Recreation Specialist H5 $21.88 $22.97 $24.12 $25.33 $26.60 $27.93 $29.33 2026-XX H4 $20.84 $21.88 $22.97 $24.12 $25.33 $26.60 $27.93 2026-XX Intern; Senior Recreation
Leader; Park Attendant H3 $19.85 $20.84 $21.88 $22.97 $24.12 $25.33 $26.60 2026-XX H2 $18.90 $19.85 $20.84 $21.88 $22.97 $24.12 $25.33 2026-XX Recreation Leader H1 $18.00 $18.90 $19.85 $20.84 $21.88 $22.97 $24.12 2026-XX Item: 8
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/2/2026
DEPARTMENT: Finance
SUBJECT:
FISCAL YEAR 2026-27 BUDGET APPROPRIATION
RECOMMENDED ACTION(S):
1. Receive presentation on Mid-Cycle Budget Review.
2. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST, CALIFORNIA, APPROPRIATING FUNDS FOR FISCAL YEAR 2026-27 ONLY AND AUTHORIZING CERTAIN
ACTIONS WITH APPROPRIATIONS
EXECUTIVE SUMMARY:
The 2025-2027 Operating Budget only established the appropriations for Fiscal Year 2025-26. To establish appropriations for Fiscal Year 2026-27, the City Council must authorize funding through a resolution.
The proposed Fiscal Year 2026-27 Operating Budget maintains municipal services at planned levels and continues providing services that address the priorities of the community. Total revenues are projected to be $82.5 million.
Total cost estimates are $86.5 million. General Fund Revenues are projected to be $70.5 million. General Fund cost estimates are projected to be $65.8 million.
The Mid-Cycle Budget also includes the addition of two new Capital Improvement Plan (“CIP”) projects (Attachments 5-6), adding $478,000 to the 2025-2032 Capital Improvement Plan (“CIP”).
The City continues to remain on a strong financial footing, with the proposed financial plan projecting an estimated General Fund operating surplus of nearly $4.7 million in the upcoming fiscal year. While the City’s total budget includes spending more than it plans to collect in revenues by $3 million, this does not indicate a structural financial concern or deficit. The difference is primarily attributable to planned use of available resources for capital improvement projects.
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Additional information regarding the 2025-2027 Operating Budget, 2025-2032 Capital Improvement Plan and related financial planning documents is available on the City’s website:
https://lakeforestca.gov/departments/finance/budgets_and_financial_statements. php
Adopting the attached resolution for Fiscal Year 2026-27 (Attachment 1) would approve the funding for Fiscal Year 2026-27 of the 2025-2027 Operating Budget and Fiscal Year 2026-27 of the 2025-2032 Capital Improvement Plan (“CIP”).
BACKGROUND:
In accordance with the Financial Management and Budgetary Policy (“Policy”), the City Manager presented the City’s 2025-2027 Operating Budget to the City Council on June 3, 2025. At that meeting the City Council adopted the 2025- 2027 Operating Budget, appropriating funds for Fiscal Year 2025-26 only, and adopting the following:
2025-2032 Strategic Business Plan
2025 General Fund Reserve Risk Analysis
2025-2032 Capital Improvement Plan
2025-2032 Master Financial Plan and Financial Forecast DISCUSSION:
The 2025-2027 Operating Budget included appropriations for Fiscal Year 2025-
26. As a result, the City Council must approve the appropriation of funds for Fiscal Year 2026-27 through a City Council resolution.
The proposed Fiscal Year 2026-27 Operating Budget maintains municipal services at planned levels and continues providing services that address the priorities of the community. General Fund revenue estimates are projected to total $70.5 million (Attachment 2), while General Fund cost estimates are projected to total $65.8 million (Attachment 3).
The following tables illustrate the City’s revenues and expenditures for Fiscal Year 2026–27 and reflect the most current information available to staff, including updated assumptions and adjustments made during the budget development process (Attachment 4).
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Table 1: Revenues by Fund
Fund Name FY 2026-27
General Fund 70,497,000
General Fund CIP 210,000
Low and Moderate Income Housing Asset 57,000
State Gas Tax HUTA 2,603,700
State GAS Tax RMRA 2,499,000
SCAQMD AB2766 Subvention 112,700
Measure M2 Local Fair Share 2,062,800
Measure M2 Senior Mobility 119,900
Supplemental Law Enforcement Services 300,000
Hauler Regulatory Compliance Costs 1,420,620
Beverage Recycling 21,000
Certified Access Specialist CASP 5,000
City Facilities Improvement 630,000
Lake Forest Traffic Mitigation 490,000
Foothill Circulation Phasing Plan 285,000
TOTAL 81,313,720
Table 2: Cost Estimates by Fund
Fund Name FY 2026-27
General Fund $65,831,700
General Fund CIP 6,612,000
Infrastructure Reserve 1,640,000
Neighborhood Park Reserve 1,000,000
Low and Moderate Income Housing Asset 154,500
State Gas Tax HUTA 2,400,200
State GAS Tax RMRA 2,200,000
Measure M2 Local Fair Share 2,101,000
Measure M2 Senior Mobility 214,200
Supplemental Law Enforcement Services 565,000
Hauler Regulatory Compliance Costs 1,420,620
Beverage Recycling 25,000
Certified Access Specialist CASP 5,000
Lake Forest Traffic Mitigation 1,095,000
Foothill Circulation Phasing Plan 10,000
TOTAL: 85,274,220
:
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Table 3: General Fund Revenues
Revenue Type FY 2026-27
Taxes $57,191,500
Intergovernmental 460,000
Licenses and Permits 1,598,000
Charges for Current Service 2,949,300
Developer Contributions 38,000
Fines, Forfeitures, and Penalties 790,000
Facility and Park Rentals, Leases 1,190,200
Investment Earnings 6,000,000
Other Revenues 280,000
TOTAL 70,497,000
Table 4: General Fund Cost Estimates
Program Area FY 2026-27
Legislative $474,000
Management and Support 10,967,900
Public Safety 25,667,000
Infrastructure Maintenance Service 12,695,100
Planning, Engineering, Building & Safety 7,048,300
Transportation 702,300
Environmental Services 1,212,900
Culture, Leisure, & Recreation 5,233,100
Community Vitality & Engagement 1,831,100
TOTAL 65,831,700
Adopting the attached resolution for Fiscal Year 2026-27 (Attachment 1) would approve the funding for Fiscal Year 2026-27 of the 2025-2027 Operating Budget and Fiscal Year 2026-27 of the 2025-2032 Capital Improvement Plan (“CIP”). 2025-2032 Capital Improvement Plan
Although the City Council approved the 2025-2032 Capital Improvement Plan, only one year of the CIP plan is recommended for funding each year. The 2025- 2032 CIP will be routinely revised and updated to maintain an accurate and up to date plan. Staff revisits the prioritization process to allow for further adjustments based on dynamic project needs, funding availability, and other factors.
Therefore, staff recommends the authorization of funding for the second year of the CIP plan, Fiscal Year 2026-27. Estimated funding and cost estimates have been updated based on the prioritization of projects and updated projected revenues.
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The proposed Fiscal Year 2026-27 plan includes 2 new projects totaling $478,000 and additional funding for 13 ongoing projects totaling $14,525,000, resulting in a total infrastructure investment of $15,003,000. These projects include one environmental project, two facilities improvement projects, four park improvement projects, four street improvement projects, and five traffic improvement projects. These 15 projects in Table 5 below, include two new supplemental projects to the plan: Civic Center IT Server Room HVAC Installation Project (Attachment 5), and the Traffic Signal and Circulation Improvements project (Attachment 6)
Table 5: Summary of Fiscal Year 2026-27 CIP Projects
Project FY2026-27
Aliso Creek Drainage Repairs $300,000
Etnies Skate Park Building Improvement Project 1,100,000 Park Concrete Trail Repairs 100,000
Etnies Skate Park Improvement Project 1,100,000
Neighborhood Park Renovations - Cavanaugh Park 1,000,000 Slope Landscaping Removal and Replanting
Project - Heroes Park
500,000
Road Rehab 8,700,000
City Street Sidewalk Repairs 150,000
Rockfield Median at El Toro Road 50,000
Lake Forest Branding Entry Way Monuments 550,000
Lake Forest Dr-Ave De Carlota - I-5 Offramp 100,000
Bake Pwky/Jeronimo Widening Improvements 695,000
Traffic Signal & Circulation Improvement * 210,000
Civic Center IT Server Room HVAC* 268,000
TOTAL $14,823,000
*Proposed additional projects
Adopting the attached resolution would approve the funding for Fiscal Year 2026- 27 of the 2025-2032 Capital Improvement Plan.
Community Development Block Grant (CDBG)
The City’s CDBG Plan reflected in the table below is consistent with the City’s approved CDBG Action Plan and applicable federal requirements.
Table 6: CDBG Action Plan Budget
Revenue Estimates $1,180,000
Operating Budget $1,000,000
CIP Plan: Audible Pedestrian Signals $180,000
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Reserve Level Analysis
Adequate reserve levels are a necessary component of the City’s overall financial management strategy and a key factor in external agencies’ measurement of the City’s financial strength.
Staff has verified that the City’s proposed Fiscal Year 2026-27 budget meets the minimum reserve level per the Policy for each of the following categories:
General Fund Risk Reserve – meets the target reserve set at $80.0 million with a minimum reserve level set at $76.0 million (5% below the Target Reserve amount)
Gas Tax HUTA Fund – meets the minimum reserve level of $400,000 which is set aside as a reserve for street repair emergencies and other unanticipated traffic safety projects.
Measure M Local Fair Share Fund – exceeds the minimum reserve level of $250,000 to be used as a reserve for street repair emergencies and other unanticipated traffic safety projects.
The Pension Employer Contribution Stabilization Trust Fund exceeds the City’s target level of 100% funding status.
The Other Post-Employment Benefits Trust (“OPEB”) Fund – exceeds the City’s target level of 100% funding status which is set aside to fund the required health care costs of retirees.
The Employee Leave Fund meets the minimum reserve set-aside for the costs associated with unused employee leave balances, including vacation, sick leave and other forms of paid time off.
Conclusion
In formulating the revenue estimates and cost projections for Mid-Cycle Fiscal Year 2026-27, staff ensured a continual adherence to the Policy to preserve the City's long-term, conservative financial vision. The resolution to adopt the funding for Fiscal Year 2026-27 is attached (Attachment 1). The table below provides a consolidated summary of Mid-Cycle Fiscal Year 2026-27 budget adjustments by budget type.
Table 7: Fiscal Year 2026-27 Summary
Revenue Cost Estimate
Operating Budget $ 81,313,720 $ 70,451,220
Capital Improvement Plan - 14,823,000
CDBG Action Plan 1,180,000 1,180,000
Total $ 82,493,720 $ 86,454,220
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FISCAL IMPACT:
The fiscal impact of the recommended actions establishes the revenue estimates and authorizes the appropriations for Fiscal Year 2026-27.
ATTACHMENTS:
1. Resolution 2026-XX
2. General Fund Revenue Estimates by Source
3. General Fund Cost Estimates
4. Estimated Revenue and Cost Estimate Adjustments to Other Funds
5. CIP Civic Center IT Server Room HVAC Installation Project
6. CIP Towne Centre Drive Traffic Signal and Circulation Improvements Initiated By: John Meza, Management Analyst
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
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3 ATTACHMENT 1
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3 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST, CALIFORNIA,
APPROPRIATING FUNDS FOR FISCAL YEAR
2026-27 ONLY AND AUTHORIZING CERTAIN
ACTIONS WITH APPROPRIATIONS
WHEREAS, on June 3, 2025 the City Council adopted a Budget Resolution approving the 2025-2027 Operating Budget, appropriating funds for Fiscal Year 2025-2026 only; and
WHEREAS, the City Manager of the City of Lake Forest is presenting to the City Council on June 2, 2026, a Proposed Budget allocation for Fiscal Year 2026-27.
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 appropriations are hereby authorized, and revenue estimates confirmed for Fiscal Year 2026-27 only, as reflected on Exhibit A to this Resolution.
Section 3. That, for FY 2026-27, the Department Directors, with the concurrence of the Director of Finance/City Treasurer, may transfer appropriations between programs under their responsibility within the same Program Area.
Section 4. That for FY 2026-27, at the City Manager’s discretion, appropriations may be transferred between Program Areas within the Operating Budget. These transfers shall be reported to the City Council Audit Committee.
Section 5. That for FY 2026-27, at the City Manager’s discretion, appropriations may be transferred between funds. These transfers shall be reported to the City Council Audit Committee. The
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3 Section 6. That for FY 2026-27, at the City Manager’s discretion, appropriations may be transferred between existing capital improvement projects within the adopted CIP. These transfers shall be reported to the City Council Audit Committee.
Section 7. That for FY 2026-27, the City Manager may approve transfers between the Operating Budget and CIP within the Community Development Block Grant (CDBG) Fund, provided the use is consistent with the City’s approved CDBG Action Plan and federal requirements. These transfers shall be reported to the City Council Audit Committee.
Section 8. Appropriations to the Employee Paid Leave Fund will be authorized by the City Manager on an as-needed basis during the fiscal year.
Section 9. That the Director of Finance is hereby appointed to serve as City Treasurer for Fiscal Year 2026–27 and shall perform all duties and responsibilities prescribed by applicable law, ordinance, and City policy.
Section 10. 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 _____ 2026, by the following vote, to wit:
____________________________
ROBERT PEQUEÑO
MAYOR
ATTEST:
____________________________
THY MERRITT
CITY CLERK
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3 APPROVED AS TO FORM:
____________________________
MATTHEW RICHARDSON
CITY ATTORNEY
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3 Item: 9
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3 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. 2026- was duly passed and adopted at a regular meeting of the Lake Forest City Council on the ___ day of _____ 2026, 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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3 EXHIBIT A
Revenue Estimates – All Funds
Fund Name FY 2026-27
General Fund $70,497,000
General Fund – CIP 210,000
Beverage Recycling 21,000
Certified Access Specialist CASP 5,000
City Facilities Improvement 630,000
Foothill Circulation Phasing Plan 285,000
Hauler Regulatory Compliance Costs 1,420,620
Lake Forest Traffic Mitigation 490,000
Low and Moderate Income Housing Asset 57,000
Measure M2 Local Fair Share 2,062,800
Measure M2 Senior Mobility 119,900
SCAQMD AB2766 Subvention 112,700
State Gas Tax HUTA 2,603,700
State GAS Tax RMRA 2,499,000
Supplemental Law Enforcement Services 300,000
Total $ 81,313,720
General Fund Revenue Estimates by Type
Revenue Type FY 2026-27
Taxes
Property Taxes $ 29,899,300
Sales and Use Taxes 18,040,200
Transient Occupancy Taxes 6,250,000
Real Property Transfer Taxes 765,000
Franchises 2,237,000
Intergovernmental 460,000
Licenses and Permits 1,598,000
Charges for Services 2,949,300
Developer Contributions 38,000
Fines, Forfeitures, and Penalties 790,000
Facility and Park Rentals, Leases 1,190,200
Investment Earnings 6,000,000
Other 280,000
Total $ 70,497,000
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3 Appropriations – All Funds
Fund Name FY 2026-27
General Fund $65,831,700
General Fund CIP 6,612,000
Infrastructure Reserve 1,640,000
Neighborhood Park Reserve 1,000,000
Low and Moderate Income Housing Asset 154,500 State Gas Tax HUTA 2,400,200
State GAS Tax RMRA 2,200,000
Measure M2 Local Fair Share 2,101,000
Measure M2 Senior Mobility 214,200
Supplemental Law Enforcement Services 565,000 Hauler Regulatory Compliance Costs 1,420,620 Beverage Recycling 25,000
Certified Access Specialist CASP 5,000 Lake Forest Traffic Mitigation 1,095,000
Foothill Circulation Phasing Plan 10,000 Total $ 85,274,220
General Fund Operating Appropriations
General Fund/Expenditure Program FY 2026-27
Legislative $ 474,000
Management and Support 10,967,900
Public Safety 25,667,000
Infrastructure Maintenance Service 12,695,100
Planning, Engineering, Building and Safety 7,048,300
Transportation 702,300
Environmental Services 1,212,900
Culture, Leisure, & Recreation 5,233,100
Community Vitality & Engagement 1,831,100
Total $ 65,831,700
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3 Capital Improvement Plan Appropriations
Funding Source Project Name FY 2026-27
General Fund Aliso Creek Drainage Repairs $300,000
General Fund City Street Sidewalk Repairs 150,000
General Fund Civic Center IT Server Room HVAC
Installation Project
268,000
General Fund Etnies Skate Park Building
Improvement Project
1,100,000
General Fund Etnies Skate Park Improvement Project 1,100,000 General Fund Heroes Park Slope Landscaping
Project
500,000
General Fund Lake Forest Branding Entry Way
Monuments
550,000
General Fund Park Concrete Trail Repairs 100,000
General Fund Rockfield Median at El Toro Road 50,000
General Fund Road Rehab 2,284,000
General Fund Traffic Signal and Circulation
Improvement
210,000
City Road Infrastructure
Reserve
Road Rehab 1,640,000
Neighborhood Park
Improvement Reserve
Neighborhood Park Renovations -
Cavanaugh Park
1,000,000
Gas Tax Road
Maintenance and
Rehabilitation Account
Fund (RMRA SB1)
Road Rehab 2,200,000
Measure M2 Local Fair
Share
Road Rehab 2,101,000
Solid Waste Pavement
Impact Fund
Road Rehab 475,000
Lake Forest Traffic
Mitigation (LFTM)
Bake Pkwy/Jeronimo Widening
Improvements
695,000
Lake Forest Traffic
Mitigation (LFTM)
Lake Forest Dr - Ave De Carlota - I-5
Offramp
100,000
Total: $ 14,823,000
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4 9
6 7
3 Community Development Block Grant (CDBG) Action Plan
Revenue Estimates $1,180,000
Operating Appropriations 1,000,000
CIP Plan: Audible Pedestrian Signals $180,000
Fiscal Year 2026-27 Summary
Budget Type Revenue Expenditure
Operating Budget $ 81,313,720 $ 70,451,220
Capital Improvement Plan - 14,823,000
CDBG Action Plan 1,180,000 1,180,000
Total $ 82,493,720 $ 86,454,220
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Attachment 2
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City of Lake Forest
General Fund Revenue by Source
Fiscal Year 2026-27
Taxes Adopted Budget
Mid-Cycle
Adjustment
Proposed
Amended
Budget % Change
Property Taxes 29,649,300 250,000 29,899,300 0.8% Real Property Transfer Taxes 765,000 - 765,000 0.0% Sales and Use Taxes 18,290,200 (250,000) 18,040,200 -1.4% Transient Occupancy Taxes 6,250,000 - 6,250,000 0.0% Franchises: 2,237,000 - 2,237,000 0.0% Total Taxes: 57,191,500 - 57,191,500 0.0% Intergovernmental 460,000 - 460,000 0.0% Licenses and Permits 1,670,200 (72,200) 1,598,000 -4.3% Charges for Current Service 3,110,300 (161,000) 2,949,300 -5.2% Developer Contributions 38,000 - 38,000 0.0% Fines, Forfeitures, and Penalties 790,000 - 790,000 0.0% Facility and Park Rentals, Leases 1,058,200 132,000 1,190,200 12.5% Investment Earnings 6,000,000 - 6,000,000 0.0% Other Revenues 280,000 - 280,000 0.0% Total 70,598,200$ (101,200)$ 70,497,000$ -0.1% The proposed revenue updates reflect current economic conditions, development activity, and operational trends, as well as the most recent information available to staff during the budget development process. Adjustments were made to align revenue projections with current assessed valuations, development timing, lower forecasted sales tax collection, service activity levels, and facility usage trends.
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Attachment 3
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City of Lake Forest
General Fund Appropriations
Fiscal Year 2026-27
Adopted
Budget
Mid-Cycle
Adjustment
Proposed
Amended
Budget
%
Change
(#)
(1) Legislative 452,000 22,000 474,000 4.87% (2) Management and Support 10,662,900 305,000 10,967,900 2.86% (3) Public Safety 26,642,000 (975,000) 25,667,000 -3.66% Infrastructure Maintenance Service 12,695,100 - 12,695,100 0.00% (4) Planning, Engineering, Building and Safety 6,808,400 239,900 7,048,300 3.52% Transportation 702,300 - 702,300 0.00% Environmental Services 1,212,900 - 1,212,900 0.00% (5) Culture, Leisure, & Recreation 5,171,100 62,000 5,233,100 1.20% (6) Community Vitality & Engagement 1,885,100 (54,000) 1,831,100 -2.86% TOTAL: 66,231,800 (400,100) 65,831,700 -0.60% (#) Correlates to the numbered items below
(1)
(2)
(3)
(4)
(5)
(6)
Community Vitality & Engagement – Community Vitality and Engagement includes increased funding for economic development activities, including participation in ICSC events. This increase is offset by reductions in community donations as well as a reduction in Strategic Economic and Investment Plan spending previously allocated in fiscal year 2025–26
Legislative – The Legislative budget includes a focused effort this fiscal year to pursue lobbying and advocacy opportunities for potential project funding and external revenue sources. This effort may include travel and related expenses for City Council participation in legislative and agency meetings. Additional funding is also included to support training opportunities for Commissioners.
Management and Support – Management and support includes programs intended for the City’s routine management functions. Changes in this area include increased funding for legislative advocacy efforts and lobbying consultant services. This also reflects additional costs associated with executive recruitments and higher risk management expenses, as well as the annual unfunded actuarial liability contribution, and a one-time purchase of IT hardware to support the building counter system
Public Safety – The budget reflects the approved annual agreement for law enforcement services, including the planned additional deputy position; however, OCSD labor negotiations remain ongoing. Staff may return to City Council with revised contract costs once negotiations are finalized. This decrease is partially offset by increased animal services costs.
Planning, Engineering, Building & Safety - Planning, Engineering, Building and Safety includes community development projects for emergency evacuation planning, Local Hazard Mitigation Plan implementation, and an Open Space Element update. These increases are offset by a reduction in encroachment-related costs corresponding to the decrease in encroachment fee revenues.
Culture, Leisure, & Recreation – The Culture, Leisure, and Recreation shows an increase in new security contracts for parks to be deployed as needed, as well as additional funding for several special events. 1 Item: 9
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Attachment 4
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City of Lake Forest
Estimated Revenue/Appropriation Adjustments
Fiscal Year 2026-27
(#)
Revenue
Adjustments
Appropriation
Adjustments
Net Increase/
(Decrease) to
Fund Balance
General Fund CIP
Revenue (12) 210,000
CIP - Traffic Signal Improvements - 210,000 CIP - Civic Center IT Server Room Increase 268,000
Net increase (decrease) in fund balance (268,000)
Low and Moderate Income Housing Asset (13)
Increased Legal Fees and Consulting costs - 25,000 Net increase (decrease) in fund balance (25,000)
State Gas Tax HUTA (14)
Revenue 166,300
Net increase (decrease) in fund balance 166,300
State Gas Tax RMRA (15)
Revenue 229,200
Net increase (decrease) in fund balance 229,200
Supplemental Law Enforcement Services (16)
Updated Flock Camera Maintenance - 15,000 Net increase (decrease) in fund balance (15,000)
Beverage Recycling (17)
Contractual Services 4,000
Net increase (decrease) in fund balance (4,000)
City Facilities Improvement (18)
Revenue (2,870,000)
Net increase (decrease) in fund balance (2,870,000)
Lake Forest Traffic Mitigation (19)
Revenue 110,000
Contractual Services
Net increase (decrease) in fund balance 110,000
Foothill Circulation Phasing Plan (20)
Revenue (226,000)
Net increase (decrease) in fund balance (226,000)
Totals (2,380,500) 522,000 (2,902,500) (#) Correlates to the numbered items on Attachment 1.
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Attachment 5
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PROJECT NUMBER: 27T03
PROJECT NAME: Towne Centre DriveTraffic Signal and Circulation Improvements RESPONSIBLE DEPARTMENT: Public Works (Traffic)
CATEGORY: Traffic Improvements
PURPOSE: This project would promote improved traffic flow and safety.
Strategic Plan Initiative:
This project would implement traffic signal monitoring, operations, and circulation improvements along key corridors providing access to the upcoming developments along Market Place and Towne Centre Drive. The proposed areas are:
Market Place between Portola Parkway and Towne Centre Drive Towne Centre Drive between Alton Parkway and Bake Parkway Strategic Plan Goal: A. Our Livable City is well planned, attractive, and safe.
Strategic Plan Priority Area: 1. Well Planned: Purposeful direction in land use and transportation planning.
Strategic Plan Strategy: a) Prioritize Initiatives to reduce traffic congestion, improve mobility and manage on- Asset Management Condition: N/A - Signal Improvements
PROJECT DESCRIPTION:
ESTIMATED ANNUAL COST IMPACT OF PROJECT ON CITY OPERATING BUDGET:
This project would provide a reduction in traffic congestion, improvement in operations, enhancement of traffic signal infrastructure, which may help reduce retrofit, improvement, and signal maintenance operating costs.
Project
Location
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FY FY FY FY FY
2025/26 2026/27 2027/28 2028/29 2029/30
Acquisition R/W
Pre-Design
Design 25,000$
Const. Support 10,000$
Construction 150,000$
Miscellaneous 10,000$
Contingency 15,000$
Total Estimate -$ 210,000$ -$ -$ -$
FY FY FY FY FY
2025/26 2026/27 2027/28 2028/29 2029/30
General Fund -$ 210,000$ -$ -$ -$ Total Revenue -$ 210,000$ -$ -$ -$ FY FY
2030/31 2031/32
Acquisition R/W $ -
Pre-Design $ -
Design $ 25,000
Const. Support $ 10,000
Construction $ 150,000
Miscellaneous $ 10,000
Contingency $ 15,000
Total Estimate -$ -$ 210,000$ FY FY
2030/31 2031/32
General Fund -$ -$ $ 210,000 $ -
$ -
Total Revenue -$ -$ 210,000$ Funding Source TOTAL
PRIOR YEAR FUNDING
None
CURRENT AND FUTURE FUNDING
PROJECT
ESTIMATE
Funding Source
PROJECT
ESTIMATE TOTAL
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Attachment 6
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Asset Management Condition: 5 - Poor/Failed
PROJECT DESCRIPTION:
The existing HVAC/Air conditioning system for the City Hall Administration Building encompasses all areas and floors.
Instances have occurred whereby the system has shut down. This shut down increases the temperature significantly in the building and particularly in the IT Server Room. The IT Server Room must remain at or below a certain temperature or risk overheating vital IT equipment. Overheated IT equipment reduces life expectancy and/or a complete failure. This project isolates the IT Server Room with a stand alone HVAC system that is backed by the City's emergency generator should the HVAC system for the entire building shutdown.
ESTIMATED ANNUAL COST IMPACT OF PROJECT ON CITY OPERATING BUDGET:
This project would provide preventative maintenance and/or rehabilitation, which would increase infrastructure sustainability.
Strategic Plan Goal: A. Our Livable City is well planned, attractive, and safe.
Strategic Plan Priority Area: 2. Attractive: Investment and maintenance in public facilities, infrastructure, and natural resources that enhance the visual character of the City and supports quality neighborhoods
Strategic Plan Strategy: a) Proactively improve existing facilities of the City.
CATEGORY: Facility Maintenance
PURPOSE:
Strategic Plan Initiative: N/A
PROJECT NUMBER: 27F07
PROJECT NAME: Civic Center IT Server Room HVAC Installation Project RESPONSIBLE DEPARTMENT: Public Works (Maintenance)
Project Location
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FY FY FY FY FY
2025/26 2026/27 2027/28 2028/29 2029/30
Acquisition R/W
Pre-Design
Design
Const. Support 10,000$
Construction 240,000$
Miscellaneous
Contingency 18,000$
Total Estimate -$ 268,000$ -$ -$ -$
FY FY FY FY FY
2025/26 2026/27 2027/28 2028/29 2029/30
General Fund -$ 268,000$ -$ -$ -$ Total Revenue -$ 268,000$ -$ -$ -$ FY FY
2030/31 2031/32
Acquisition R/W $ -
Pre-Design $ -
Design $ -
Const. Support $ 10,000
Construction $ 240,000
Miscellaneous $ -
Contingency $ 18,000
Total Estimate -$ -$ 268,000$ FY FY
2030/31 2031/32
General Fund -$ -$ $ 268,000 $ -
$ -
Total Revenue -$ -$ 268,000$ Funding Source TOTAL
Funding Source
PROJECT
ESTIMATE TOTAL
PROJECT
ESTIMATE
PRIOR YEAR FUNDING
None
CURRENT AND FUTURE FUNDING
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/2/2026
DEPARTMENT: Finance
SUBJECT:
CALIFORNIA CONSITUTION ARTICLE XIIIB APPROPRIATIONS LIMIT RECOMMENDED ACTION(S):
Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, APPROVING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2026-27 IN THE AMOUNT OF $187,447,617.
EXECUTIVE SUMMARY:
The Fiscal Year 2026-27 appropriations limit is $187,447,617 based on the calculation method traditionally used by the City; the limit will remain significantly above appropriations in the proposed budget subject to the limit. These appropriations are derived from the City’s “proceeds from taxes,” less eligible exclusions, such as unfunded mandates and qualified capital outlay. The factors used in the calculation of the limit were the growth in the City’s population and the change in California per capita income.
BACKGROUND:
The appropriations limit imposed by Proposition 4, known commonly as the “Gann Limit” and its subsequent ballot initiative, Proposition 111, create a restriction on the amount of revenue which can be appropriated by the City in any fiscal year. The limit is based on actual appropriations during the 1978-79 Fiscal Year and is increased each year using growth of population and inflation factors.
For cities that incorporated after Fiscal Year 1978-79, the initial limit is set pursuant to legislation that implemented Propositions 4 and 111. The controlling statute that governs this appropriations limit is Article XIIIB of the California State Constitution.
DISCUSSION:
Staff calculated the Fiscal Year 2026-27 appropriations limit based on uniform guidelines consistent with State law prepared by the League of California Cities.
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The City uses these guidelines each year. By law, the City Council is required to adopt the appropriations limit by resolution.
Adjustment Factors
Using the guidelines, staff computed the appropriations limit for Fiscal Year 2026-27 by applying two adjustment factors for the prior year’s limit: inflation and population. Staff selected and calculated these factors independently of each other to arrive at the City’s new appropriations limit for the upcoming fiscal year.
Inflation
The City can select either the percentage change in California per capita personal income or the percentage change in assessed valuation due to non- residential new construction. For Fiscal Year 2026-27, the California per capita personal income change factor is 4.95%. The assessed valuation factor based on non-residential new construction as a percentage of the total value increases was 0.66%. The adjustment used in calculating the Fiscal Year 2026-27 appropriations limit was the change in per capita personal income.
Population
Each year, the City selects either the City’s population growth or population growth in the entire County of Orange. For the Fiscal Year 2026-27 calculation, staff selected the City‘s population growth (-0.13% for the City versus -0.37% for the County). This factor selection may change in future years if the County’s population grows at a higher rate than the City’s.
Appropriations Limit for Fiscal Year 2026-27
In preparing the appropriations limit calculation, staff used the amounts contained in the 2025-2027 Operating Budget for Fiscal Year 2026-27. Based on selected components of the two adjustment factors and the previous year’s limit, the appropriations limit for Fiscal Year 2026-27 is $187,447,617. The City’s appropriations subject to the limit are $58,378,694. These appropriations are derived from the City’s “proceeds from taxes” less eligible exclusions, such as unfunded mandates and qualified capital outlay. The City’s appropriations limit continues to be significantly in excess of annual appropriations subject to the limit.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
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ATTACHMENTS:
Draft Resolution Approving Appropriations Limit for Fiscal Year 2026-27 Initiated By: Amy Lewis, Assistant Director of Finance
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
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ATTACHMENT
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5 3
7 0
7 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, APPROVING
THE APPROPRIATIONS LIMIT FOR FISCAL YEAR
2026-27 IN THE AMOUNT OF $187,447,617
WHEREAS, Article XIIIB of the California Constitution requires public entities in the State of California to calculate an annual appropriations limit; and
WHEREAS, Article XIIIB of the California Constitution and Government Code Section 7910 require the City Council to select the population and inflation factors for the year’s appropriations limit calculation; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
Section 1. That the appropriations limit for the City of Lake Forest for Fiscal Year 2026-27 shall be $187,447,617.
Section 2. That the inflation factor being utilized to calculate the Fiscal Year 2026-27 appropriations limit is the growth in per capita personal income.
Section 3. That the population factor being utilized to calculate the Fiscal Year 2026-27 appropriations limit is the City’s population growth.
PASSED, APPROVED AND ADOPTED this 2nd day of June 2026, by the following vote, to wit:
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5 3
7 0
7 ROBERT PEQUENO
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, California, does hereby certify that the foregoing Resolution No. 2026-___ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 2nd day of June 2026, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
THY MERRITT
CITY CLERK
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/2/2026
DEPARTMENT: City Manager
SUBJECT:
LEGISLATIVE AND REGULATORY MATTERS
RECOMMENDED ACTION(S):
Exercise discretion to adopt a policy position on Assembly Bill ("AB") 1795.
EXECUTIVE SUMMARY:
As part of its Legislative and Regulatory Program, the City Council adopt a Legislative and Regulatory Platform every two years prior to the start of the Federal and State Legislative Session (Attachment 1). City staff periodically bring policy positions before the City Council for consideration as part of the City’s Legislative and Regulatory Matters program. At the May 21, 2026, Special Meeting of the City Council, staff provided a summary and policy recommendations on state legislation for City Council consideration. During the meeting, Council Member Tettemer moved to request additional information regarding on Assembly Bill (AB) 1795 for further discussion and the motion was carried by a vote of 4-0 with Council Member Voigts absent (Attachment 2).
Assembly Bill 1795
Assembly Bill (AB) 1795 introduced by Assembly Member Gipson, The Smoke Damage Recovery Act seeks to develop a comprehensive statewide framework to ensure consistent, science-based handling of smoke-damage claims (Attachments 3 and 4). Residential property insurance policies that cover the peril of fire also cover smoke damage caused by fire, and insurers are required to fully investigate claims and restore covered properties to pre-loss condition.
However, California has no statewide standards governing the inspection or testing of smoke-damaged homes, no minimum sampling or clearance protocols, no mandated remediation methods, and no training or certification requirements for professionals who assess or remediate smoke damage.
This bill would mandate insurer compliance with remediation protocols and clarify their obligation to cover the cost of restoring properties to pre-loss condition.
These standards will apply to all residential property insurance policies. AB 1795 identifies state agencies, such as the California Environmental protection Agency (“CalEPA”) responsible for implementing and enforcing the statewide testing Item: 11
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standards for smoke damage and create penalties for noncompliance. The bill would also establish a smoke damage claims process under the California Department of Insurance (“CDI”).
Additional Information on Fiscal Effects:
Per the Assembly Bill Fiscal Committee Analysis (“Fiscal Analysis”) for the May 13, 2026, Assembly Committee on Appropriations Hearing (Attachment 5), CalEPA estimates ongoing costs of $6 million for 25 positions in addition to unknown ongoing annual contracting costs to develop remediation requirements, establish remediation training and certification requirements, and deploy regulations to implement, administer and enforce the new requirements. While the bill calls for establishing fees to cover the agency’s administrative and enforcement costs, initial startup costs to implement this requirement would need to be covered by the State’s General Fund.
The bill may also result in ongoing costs to CDI to enforce new standards for residential wildfire smoke damage insurance claims, adopt related regulations, and create and enforce training and certification programs for insurance adjusters who inspect or evaluate smoke damage. New standards would include insurer obligations for testing, remediation payments, additional living expenses, claim timelines, and unfair practice penalties. One-time costs to develop a training and certification program are estimated to total $14,000 by CDI.
Coordination from other agencies such as the Office of Environmental Health Hazard Assessment (“OEHHA”), CalFIRE, the Department of Toxic Substances Control (“DTSC”), and other impacted agencies are listed with both estimated and unknown costs in the Fiscal Analysis. The California Legislative Analyst’s Office recently warned of General Fund structural deficits of around $35 billion per year in the 2027-28 FY and ongoing.
Additional Information on Impact on Residential Customers:
While there are estimated costs to developing and implementing the regulatory framework at the state level, costs for training and certifications for adjusters as well as fees and penalties for non-compliance are intended to be borne by insurers, whether they be market-rate providers or providers that participate in the FAIR Plan. The impact on residential customers or those who purchase insurance from these providers is unknown.
Several associations representing the insurance industry actively participated in the Smoke Claims and Remediation Task Force that issued the report that led to the proposed legislation. These organizations have argued that while the industry supports smoke claim testing and remediation standards, standards should be grounded in defensible science and structured in a way that is operationally Item: 11
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feasible and legally durable. Additionally, the coalition argues that while the bill is intended to improve consistency and consumer outcomes, there are significant concerns for insurers related to contract certainty, retroactive application, operational feasibility, and cost escalation.
Current Status of the Bill
AB 1795 has currently been ordered to third reading by the full Assembly and may move forward to the second house (State Senate) for consideration if passed by the Assembly by May 29. As of the publication of the City Council agenda, AB 1795 is still moving forward through the State Assembly. Should the bill fail to advance to the second house, staff will provide that update to the City Council in place of further discussion of the item.
All decisions on actions to adopt formal support or oppose positions on legislation are at the discretion of the City Council. Inasmuch as the City Council requested that this item be placed on the agenda, any further direction is at its sole discretion.
FISCAL IMPACT:
Fiscal impact is dependent upon City Council action and discretion.
ATTACHMENTS:
1. Legislative and Regulatory Platform
2. Draft Minute Excerpt from May 21, 2026, Special Meeting of the City Council
3. Assembly Bill (AB) 1795 Bill Text
4. AB 1795 CDI One Pager
5. AB 1795 Fiscal Committee Analysis
Initiated By: Nidia Ruelas, Assistant to the City Manager Submitted By: Nidia Ruelas, Assistant to the City Manager Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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2 CITY OF LAKE FOREST
2025-2027 LEGISLATIVE AND REGULATORY PLATFORM
I. INTRODUCTION
The Legislative and Regulatory Platform (“Platform”) defines the City's Policy guidelines and provides the foundation for advocacy efforts at the federal, state, and local levels. Staff uses this Platform to identify relevant topic areas and subject matter, and makes recommendations to City Council on specific legislation or regulations consistent with the policy guidelines. Additionally, in the event it is necessary for the City to respond to a legislative proposal in a timeframe that does not allow the City Council to take formal action, staff would express positions on bills in accordance with these guidelines, and then seek City Council direction at the appropriate time.
II. GUIDING PRINCIPLES
1. Support Public Safety
Support legislation or regulations that provides the City with the ability to maintain high-level public safety for its residents and businesses. Support measures and initiatives that preserve law enforcement action that provide residents with the safety needed to achieve a desirable quality of life. Oppose efforts that would diminish the City’s ability to properly fund its police services.
2. Preserve Local Control
Preserve and protect the City’s powers, duties, and prerogatives to enact local legislation and policy direction concerning local affairs and oppose legislation or regulations that preempts local authority. Oppose measures that seek to preempt or degrade local control.
3. Fiscal Responsibility and Economic Development
Support measures that promote fiscal stability, financial independence, preserve the City’s revenue base, and maximum local control over local government budgeting. Oppose measures that shift local funds to the county, state, or federal governments and/or make cities more dependent on the county, state, or federal governments for financial stability.
4. Housing and Land Use
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3 Support legislation or regulations that preserves local authority and flexibility in housing and land use regulations to safeguard community character, health, and safety. Oppose legislation or regulations that would hinder the unique needs and priorities of the community or negatively affect local governance or property rights.
5. Environment
Support legislative and regulatory measures that prioritize responsible resource management and local autonomy in environmental regulation.
Advocate for streamlined regulatory processes that reduce unnecessary bureaucracy. Oppose policies that impose undue restrictions on local decision-making and limit the availability of diverse energy options.
III. POLICY STATEMENTS
1. Public Safety
• The City opposes any state or federal mandates that would undermine local decision-making in critical areas in Public Safety. • The City supports legislation or regulations to address safety concerns related to e-bikes, fentanyl, and retail theft mitigation. • The City supports legislation or regulations that would help to fund regional transportation projects that sustain the City’s regional public safety model.
2. Local Control
• The City supports legislation or regulations that lead to greater financial independence from federal, state and/or county government, and protect local resources from seizure by federal, state and/or county agencies.
• The City supports legislation or regulations maintaining maximum local flexibility in all areas of its responsibility and operations and opposes legislation that imposes intrusive, unnecessary, or unfunded state- imposed mandates or preempts local authority.
• The City opposes legislation or regulations that make the City more dependent on federal, state, and/or county government or agencies for policy direction.
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4 • The City opposes legislation or regulations to limit the City’s ability to contract for municipal services.
• The City opposes any legislation or regulations that are inconsistent with the doctrine of home rule, interferes with local exercise of police powers over local land use, or requires a federal, state, and/or county entity to develop model planning practices and policies. • The City supports legislation or regulations that bolster programmatic and grant funding available for local governments to access in order to fund infrastructure projects, or other improvements which would benefit the community, including federal Community Project Funding/ Congressionally Directed Spending.
• The City supports maximum flexibility with regard to expending grant funds that address economic recovery associated with public health declarations, natural disasters, and other emergencies, as well as the other needs of the City in which grant funds can be utilized.
3. Fiscal Responsibility and Economic Development
• The City supports bills that would lower taxation rates for businesses and residents.
• The City opposes legislation , regulations, or ballot initiatives that would alter the legislative intent of Proposition 13, including a split real- property tax roll that would affect commercial property and any amendment that would affect residential property.
• The City Council opposes efforts by the State Legislature to assess taxes on public goods and services such as water and electricity. • The City opposes legislation that would lower the vote threshold as a method to impose new taxes or create new financing opportunities. • The City supports efforts to reestablish the authority and financing capability previously afforded to local governments by redevelopment through legislation or regulations designed to support businesses through economic development and the City supports efforts to facilitate economic development efforts that enhance opportunities for local businesses.
• The City supports legislation or regulations that would amend existing law to ensure that prevailing wage rates do not impede its ability to pursue small-dollar projects and lower operating costs.
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5 • The City supports policies that prioritize private sector investment and economic development. The City opposes the imposition of stringent regulations that could stifle business innovation, hinder economic growth, or discourage investment in the community.
4. Housing and Land Use
• The City supports efforts to amend the current occupancy calculation in the Uniform Housing Code (“UHC”) to achieve a more reasonable standard, thereby, improving the health, safety, and residential character of our community.
• The City supports efforts, at both the federal and state level, to provide local agencies with regulatory tools related to short-term rentals and other uses in residential areas that may affect the quality of life. • The City supports the continuation and funding of federal housing assistance programs, such as vouchers or rental assistance, including those funded through existing grant programs such as the Community Development Block Grant (“CDBG”).
5. Transportation
• The City supports funding for investments in transportation which aim to reduce traffic and pollution; including investments in roads, public transportation networks, mass transit systems such as rail, and bicycle/ pedestrian infrastructure, such as funding for project design, construction, and maintenance.
6. Environment
• The City supports modification to the California Environmental Quality Act (“CEQA”) and the National Environmental Policy Act (“NEPA”) to eliminate duplicative and unnecessary provisions of the existing law. • The City supports legislative and regulatory efforts that reduce or delay the financial and compliance impacts of State-mandated organics recycling.
• The City opposes Municipal Separate St orm Sewer System (“MS4”) permit requirements that impose undue costs or burdens on municipalities or limit local flexibility in managing stormwater pollution.
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6 • The City opposes gas to electric transition efforts that would impose undue financial burdens for residents, local businesses, and property owners.
• The City supports legislation or regulations to lengthen the duration of National Pollutant Discharge Elimination System (“NPDES”) permits for stormwater discharge under the Clean Water Act (“CWA”) from five (5) to ten (10) years, and strengthening federal programs designed to assist municipalities in achieving NPDES permit compliance.
7. Social and Demographics
• The City supports religious freedom and legislation or regulations protecting religious freedom at both the state and federal level. • The City supports legislation or regulations that advance the practice or policy of favoring individuals in hiring and similar contexts based solely on abilities and personal merits, including education, skills, experience, and other similar factors.
8. Wildlife and Natural Disaster
• The City supports legislation and regulations which puts safeguards on and curbs the cost of homeowners insurance premium increases and the cancellation of insurance, on account of wildfire and other natural disasters.
IV. LEGISLATIVE DIRECTION
• Staff may continue to advocate a position for a bill which has been amended into a new bill number as long as the language and intent remain substantially unchanged.
• The City shall monitor and take into consideration the strategic goals and positions adopted by local and regional agencies, including but not limited to the following:
Association of California
Cities – Orange County (ACC-
OC)
County of Orange
El Toro Water District (ETWD)
Irvine Ranch Water District
(IRWD)
League of California Cities
(CalCities)
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7 Orange County-American
Planning Association (OC-
APA)
Orange County Business
Council (OCBC)
Orange County Council of
Governments (OCCOG)
Orange County Fire Authority
(OCFA)
Orange County Sheriff’s
Department (OCSD)
Orange County Transportation
Authority (OCTA)
South Coast Air Quality
Management district (South
Coast AQMD)
V. LEGISLATIVE PROCEDURES
1) Develop and adopt a legislative and regulatory platform every two years based on the long-term strategic vision and current needs of the City.
2) Monitor and analyze proposed legislative and regulatory matters to determine effects on the City’s municipal operations and service to its residents and businesses.
3) Staff will stay up to date on legislative and regulatory matters relevant to their respective department.
4) Present legislative and regulatory matters to the City Council periodically throughout the legislative calendar.
5) Communicate the City’s position on proposed legislation or regulations through letters of support or opposition for legislation or regulations that is impactful to the City.
6) Work regularly with state and federal lobbyists to ensure that the City’s voice is well represented.
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ATTACHMENT 2
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DRAFT MINUTE EXCERPT
LAKE FOREST SPECIAL CITY COUNCIL MEETING
May 21, 2026
______________________________________________________________________
15. LEGISLATIVE AND REGULATORY MATTERS
City Manager Rose introduced this item and invited Assistant to the City Manager Ruelas Castellino to provide a presentation. Amy Stevens provided public comment and suggested reconsidering the gas tax language. Council questions were asked and answered.
MOTION: It was moved by Council Member Tettemer, seconded by Mayor Pro Tem Cirbo, to: 1. Receive a report from staff summarizing the status of various legislation with the potential to impact the City of Lake Forest. 2.
Adopt the policy positions recommended by staff on various legislation with the potential to impact the City of Lake Forest with the exception of AB1795, and direct staff to bring back AB1795 to a future agenda for further discussion. The motion was carried by a vote of 4-0 with Council Member Voigts absent.
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ATTACHMENT 3
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AMENDED IN ASSEMBLY APRIL 27, 2026
AMENDED IN ASSEMBLY APRIL 16, 2026
AMENDED IN ASSEMBLY APRIL 7, 2026
AMENDED IN ASSEMBLY MARCH 16, 2026
california legislature—2025–26 regular session
ASSEMBLY BILL No. 1795
Introduced by Assembly Member Gipson
February 10, 2026
An act to add Chapter 6.12 (commencing with Section 25405) to Division 20 of, and to add Chapter 7.5 (commencing with Section 105435) to Part 5 of Division 103 of, the Health and Safety Code, and to add Sections 2060.1, 2060.2, 14048, and 15009.2 to the Insurance Code, relating to smoke damage, and declaring the urgency thereof, to take effect immediately.
legislative counsel’s digest
AB 1795, as amended, Gipson. Smoke Damage Recovery Act. (1) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous w aste and hazardous materials management re gulatory program, kno wn as the unified program.
Existing law requires the Office of the State Fire Marshal to de velop and make available on its internet website a Wildland-Urban Interface Fire Safety Building Standards Compliance training intended for use in the training of local b uilding officials, b uilders, and fire service personnel, as specified. Existing law authorizes the Office of the State Fire Marshal to allow certification of contractors who conduct defensible space, home hardening, fuel reduction, roadside clearance, and other
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contracting acti vities for wildlife resilienc y ef forts and who ha ve completed specified training programs.
This bill, the Smok e Damage Reco very Act, w ould require the California Environmental Protection Agency, on or before June 30, 2027, and in coordination with other state agencies and local public health departments, to de velop health-based standards for required sampling, testing, and chemical screening levels for residential properties that ha ve sustained smok e damage as a result of a wildland-urban interface fire or urban conflagration. The bill w ould authorize the California Environmental Protection Agency, the Department of Forestry and Fire Protection, or a city or county public health or safety agenc y to designate a smoke exposure zone for a specific wildfire, as provided, and, upon that designation, establish that the smok e e xposure zone would supersede the default zones. The bill would additionally authorize the California Environmental Protection Agency to impose additional sampling, testing, or chemical screening requirements pertaining to a specific wildfire.
This bill w ould require the California En vironmental Protection Agency, on or before January 1, 2028, and in consultation with state and local agencies, to establish training and certification requirements for a person who inspects, evaluates, samples, tests, analyzes, or restores residential properties that have sustained smoke damage as a result of a wildland-urban interface fire or urban conflagration. The bill would require the California Environmental Protection Agency to promulgate regulations, if necessary , to implement, administer , and enforce the training and certification requirements, establish rules for noncompliance, and determine which entity or entities shall ha ve jurisdiction over the different categories of persons who will be subject to the requirements. The bill would require the regulations to establish the fees that will be required for the certifications, and limit the fees to the amount sufficient to cover the costs of administering and enforcing these requirements. The bill would establish the Wildfire Remediation Certification and Training Fund in the State Treasury, require fees collected pursuant to these provisions to be deposited into the fund, and make these funds available, upon appropriation by the Legislature, for use in administering the training and certification requirements. (2) Existing law generally regulates classes of insurance, including fire and residential property insurance. Existing la w specifies the measure of indemnity under an open fire insurance policy that requires payment of actual cash value or replacement cost. If there is a covered 95 — 2 — AB 1795
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loss relating to a state of emer gency, existing law requires additional living expense coverage to be for a period of no less than 24 months from the inception of the loss.
This bill would prohibit an insurer from terminating additional living expenses coverage for a residential property insurance smoke damage claim as a result of a wildland-urban interface fire or urban conflagration that is declared a state of emergency until the property has been cleared for habitation, as specified. The bill would require the above-described California Environmental Protection Agency guidance and specified local or state guidance to apply to these claims. The bill would create a reb uttable presumption re garding the impact classification of a smoke-damaged property and claims within the impact zone . The bill would make an insurer responsible for the cost of sampling and testing required pursuant to California En vironmental Protection Agency guidance. The bill would require an insurer that chooses to exercise its right to inspect a smok e-damaged property to inspect the property as soon as practicable, but no later than 30 calendar days after recei ving notice of the claim or, if applicable, no later than 30 calendar days after access to the property is granted. The bill would require the insurer to pay the actual cash v alue of the cost to restore the damaged property no later than 30 calendar days after the inspection, unless the policyholder has agreed to remediation and restoration by the insurer .
After that payment is made, the bill w ould require the insurer to pay the undisputed amount of replacement cost, up to the applicable policy limits, within 15 calendar days from the date the insured pro vides the insurer with their contractor’ s contract to remediate and restore the damaged property to its preloss condition, unless the policyholder has agreed to remediation and restoration by the insurer.
(3) Existing law, the Insurance Adjuster Act, generally regulates the licensing of insurance adjusters. Existing la w, the Public Insurance Adjusters Act, generally re gulates the licensing of public insurance adjusters. The acts set forth v arious requirements with respect to operation as an insurance adjuster or public insurance adjuster.
This bill w ould require the Department of Insurance to de velop training and certification programs for insurance adjusters and public insurance adjusters in inspecting, evaluating, sampling, or testing smoke damage caused by a wildland-urban interface fire or urban conflagration in residential properties. The bill w ould require an insurer , adjuster firm, or qualified manager to train and accredit its adjusters in accordance with those standards, and would require a public insurance 95 AB 1795 — 3 —
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adjuster hired by an insured to adjust smoke damage claims to have the requisite license, training, and certification.
(4) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. This act shall be known, and may be cited, as the line 2 Smoke Damage Recovery Act.
line 3 SEC. 2. (a) The Le gislature finds and declares all of the line 4 following:
line 5 (1) California has experienced recordbreaking wildfires in recent line 6 years, including the Eaton Fire and Palisades Fire in January 2025 line 7 that damaged and destroyed thousands of homes and businesses. line 8 In addition to completely destro yed homes, condominiums, and line 9 apartments, thousands of residential properties suf fered damage line 10 as a result of smoke, soot, char, ash, and other contaminants. line 11 (2) Thousands of smok e damage insurance claims ha ve been line 12 filed as a result of these fires. The lack of universally recognized line 13 standards for the testing, e valuation, and remediation of smok e line 14 damage has prompted complaints from survi vors that their line 15 insurance companies ha ve completely or partially denied their line 16 smoke damage claims or ha ve refused to conduct, or reimb urse line 17 for, preremediation testing or postremediation clearance testing to line 18 ensure their homes ha ve been properly restored to preloss line 19 condition.
line 20 (3) While the Department of Insurance has tak en multiple line 21 executive actions to protect consumers, including issuing a bulletin line 22 to insurers reminding them of their duty to fully in vestigate line 23 complaints, initiating legal action against the California FAIR Plan line 24 over its f ailure to handle smok e damage claims within e xisting line 25 law, and in vestigating complaints from consumers, the lack of line 26 standards and unsettled caselaw case law have caused a patchwork line 27 of claims handling practices by insurance companies. line 28 (4) Smoke, soot, char, ash, and other contaminants that emanate line 29 from wildfires cause damage to properties by depositing particulate line 30 matter, gases, heavy metals, volatile organic compounds, and other line 31 pollutants onto personal property and into the walls, floors, ceilings, 95 — 4 — AB 1795
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line 1 surfaces, and other infrastructure of a property. Those contaminants line 2 not only compromise the inte grity of the premises, but they may line 3 also pose significant, long-term health issues long after the fire line 4 has been extinguished.
line 5 (5) As property o wners and tenants return to their properties line 6 and the areas that have been damaged or destroyed after a wildfire, line 7 many face uncertainty as to whether their properties ha ve been line 8 properly remediated and are safe to inhabit. Residents whose line 9 properties suffer smoke damage as a result of wildfire should be line 10 assured ensured of their safety and habitability, as well as having line 11 their personal property restored to preloss condition. line 12 (6) It is in the best interest of Californians to protect the health line 13 and safety of residents by ensuring that their properties are returned line 14 to a safe and habitable condition after suf fering damage from line 15 wildfires, including smoke damage.
line 16 (7) While all property insurance policies that cover the peril of line 17 fire also co ver smoke damage resulting from fire, the e xtent to line 18 which insurance companies are co vering the remediation and line 19 restoration of properties has been inconsistent, and many residents line 20 are concerned that they will incur significant financial b urden to line 21 remediate and restore their properties on their own. line 22 (8) While remediation of smok e damage is made more line 23 challenging due to the v arying severity of smok e inundation on line 24 the e xterior and interior of properties, consistent standards are line 25 vitally needed regarding the inspection, testing, and remediation line 26 of smoke damage on residential properties after a fire so that the line 27 Department of Insurance is able to enforce insurance companies’ line 28 remediation oblig ations and so that residential properties are line 29 rendered safe and habitable and restored to preloss condition. line 30 (9) In response to the unprecedented damage caused by the line 31 January wildfires, in June 2025, Insurance Commissioner Ricardo line 32 Lara directed the Department of Insurance to lead a Smoke Claims line 33 and Remediation Task Force (Task Force), comprised of members line 34 representing consumers, public health, environmental health, fire line 35 safety, local governments, remediation and restoration specialists, line 36 industrial h ygienists, and the insurance industry , to de velop line 37 recommendations for uniform standards for the inspection, testing, line 38 and remediation of smok e damage in residential properties, and line 39 to determine the extent to which the remediation of those properties line 40 should be covered by residential property insurance policies. The 95 AB 1795 — 5 —
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line 1 Task Force met over several months in 2025 and has submitted its line 2 report of recommendations to the Insurance Commissioner. line 3 (b) It is the intent of the Le gislature to set forth standards and line 4 protocols to ensure the health and safety of residents and for the line 5 proper handling of smoke-damaged residential property insurance line 6 claims caused by wildfires after consideration of the line 7 recommendations in the Task F orce Report, as well as other line 8 relevant scientific and health-based sources.
line 9 SEC. 3. Chapter 6.12 (commencing with Section 25405) is line 10 added to Division 20 of the Health and Safety Code, to read:
line 11
line 12 Chapter 6.12. Residential Property Wildfire
line 13 Remediation
line 14
line 15 25405. (a) On or before June 30, 2027, the California line 16 Environmental Protection Agency, in coordination with other state line 17 agencies and local public health departments, as necessary , shall line 18 develop health-based standards for required sampling, testing, and line 19 chemical screening le vels for residential properties that ha ve line 20 sustained smoke damage as a result of a wildland-urban interface line 21 fire or urban conflagration, similar in scope to the “Residential line 22 Soil Evaluation: Guidance for the 2025 Los Angeles Wildfires,” line 23 developed by the Department of Toxic Substances Control, in line 24 coordination with the Department of Resources Rec ycling and line 25 Recovery. These standards shall include required parameters and line 26 thresholds for preremediation testing, postremediation testing, and line 27 clearance of a residential property for habitation after remediation line 28 is completed. In meeting the requirements of this section, the line 29 California Environmental Protection Agency shall consult with line 30 agencies that include, b ut are not limited to, the Department of line 31 Toxic Substances Control, Office of Environmental Health Hazard line 32 Assessment, State Air Resources Board, State Department of Public line 33 Health, and air pollution control districts, as necessary. line 34 (b) (1) (A) The requirements developed pursuant to subdivision line 35 (a) shall consider differences, where if appropriate, based on the line 36 distance of a residential structure from the fire perimeter . The line 37 following objective default zones, based on distance of a residential line 38 structure from the fire perimeter, shall be used:
line 39 (i) High-impact zone.
line 40 (ii) Moderate-impact zone.
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line 1 (iii) Low-impact zone.
line 2 (B) If applicable, there shall be more stringent standards for the line 3 high-impact zone, and lesser standards, if deemed appropriate, for line 4 the moderate-impact zone and the low-impact zone. line 5 (2) The California En vironmental Protection Agency, the line 6 Department of Forestry and Fire Protection, and a city or county line 7 public health or safety agenc y may designate a smok e exposure line 8 zone for a specific wildfire.
line 9 (3) If the California En vironmental Protection Agency, the line 10 Department of F orestry and Fire Protection, or a city or county line 11 public health or safety agency designates a smoke exposure zone line 12 for a specific wildfire, then the smok e e xposure zone shall line 13 supersede the def ault zones described in paragraph (1) and the line 14 requirements applicable to a high-impact zone shall apply within line 15 the smoke exposure zone.
line 16 (c) The requirements developed pursuant to subdivision (a) shall line 17 also consider, where appropriate, whether certain wildfire smoke line 18 byproducts and associated hazardous substances dissipate with the line 19 passage of time.
line 20 (d) The California En vironmental Protection Agency and line 21 Department of Forestry and Fire Protection shall adopt regulations, line 22 pursuant to Chapter 3.5 (commencing with Section 11340) of Part line 23 1 of Di vision 3 of Title 2 of the Go vernment Code, as may be line 24 necessary to implement or mak e more specific the pro visions of line 25 subdivisions (a) to (c), inclusive.
line 26 (e) (1) The California Environmental Protection Agency may, line 27 in addition to the requirements developed pursuant to subdivision line 28 (a), impose requirements pertaining to a specific wildfire, including line 29 requirements that relate to the identification of additional line 30 wildland-urban interface fire or urban conflagration contaminants, line 31 additional minimum sampling and testing recommendations or line 32 requirements, or additional chemical screening levels for residential line 33 properties that have sustained smoke damage.
line 34 (2) A requirement or recommendation adopted pursuant to line 35 paragraph (1) shall be exempt from the Administrative Procedure line 36 Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 line 37 (commencing with Section 11370), Chapter 4.5 (commencing with line 38 Section 11400), and Chapter 5 (commencing with Section 11500) line 39 of Part 1 of Division 3 of Title 2 of the Government Code). 95 AB 1795 — 7 —
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line 1 (f) (1) The California Environmental Protection Agency may, line 2 as an interim measure before the adoption of the re gulations line 3 described in subdi vision (a), impose sampling, testing, and line 4 chemical screening requirements pertaining to a specific wildfire line 5 that a person in volved in the inspection, e valuation, testing, or line 6 remediation process, including an open, pending, or disputed line 7 insurance claim involving that specific wildfire, shall comply with. line 8 (2) A requirement adopted pursuant to paragraph (1) shall be line 9 inoperative upon the adoption of re gulations described in line 10 subdivision (a).
line 11 (3) A requirement adopted pursuant to paragraph (1) shall be line 12 exempt from the Administrative Procedure Act (Chapter 3.5 line 13 (commencing with Section 11340), Chapter 4 (commencing with line 14 Section 11370), Chapter 4.5 (commencing with Section 11400), line 15 and Chapter 5 (commencing with Section 11500) of P art 1 of line 16 Division 3 of Title 2 of the Government Code).
line 17 (g)
line 18 (f) For purposes of this chapter:
line 19 (1) “Fire perimeter” means the footprint or entire outer boundary line 20 of a burned area as a result of a wildland-urban interf ace fire or line 21 urban conflagration, as determined and mapped by the Department line 22 of Forestry and Fire Protection.
line 23 (2) “High-impact zone” means the area within the fire perimeter line 24 and within six miles from the fire perimeter , or the area within a line 25 smoke exposure zone designated for a specific wildfire pursuant line 26 to this section.
line 27 (3) “Low-impact zone” means the area greater than 12 miles line 28 from the fire perimeter , or the area greater than 6 miles from a line 29 smoke exposure zone designated for a specific wildfire pursuant line 30 to this section.
line 31 (4) “Moderate-impact zone” means the area within 6 miles to line 32 12 miles from the fire perimeter, or within 6 miles from a smoke line 33 exposure zone designated for a specific wildfire pursuant to this line 34 section.
line 35 (2) “Impact zone” means a ZIP Code that is either of the line 36 following:
line 37 (A) Is within the fire perimeter, as described in par agraph (2) line 38 of subdivision (b) of Section 675.1 of the Insurance Code. line 39 (B) Adjacent to the fir e perimeter, as described in par agraph line 40 (2) of subdivision (b) of Section 675.1 of the Insurance Code, and 95 — 8 — AB 1795
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line 1 downwind of the fir e perimeter based on maps g enerated by the line 2 National Oceanic and Atmospheric Administration. line 3 (5)
line 4 (3) “Person” means an indi vidual, insurance compan y, line 5 association, or ganization, partnership, b usiness trust, limited line 6 liability company, or corporation.
line 7 (6)
line 8 (4) “Restoration of the property to preloss condition” means the line 9 removal of smok e damage residues, comb ustion byproducts, line 10 chemicals, contaminants, and odor caused by wildfire smok e line 11 exposure through remediation of the property, including structural line 12 elements, building systems, contents, and indoor environment, to line 13 the same condition that existed before exposure. line 14 (7)
line 15 (5) “Smoke damage” means exposure of residential property or line 16 its contents to wildfire smok e, combustion byproducts, and the line 17 chemicals and contaminants contained within the wildfire smoke. line 18 (8) “Smoke e xposure zone” means the area e xposed to line 19 significant settled, fine particulate residue, including soot, char , line 20 and ash, carried by a smok e plume and winds after a line 21 wildland-urban interface fire or urban conflagration, as designated line 22 by the California En vironmental Protection Agency, the line 23 Department of F orestry and Fire Protection, or a city or county line 24 public health or safety agency.
line 25 (9)
line 26 (6) “Urban conflagration” means a massive, uncontrollable fire, line 27 regardless of cause, that spreads rapidly from building to building line 28 through densely populated, de veloped areas, typically line 29 overwhelming fire suppression resources, and that has been line 30 designated and declared in a state of emergency pursuant to Section line 31 8558 of the Government Code. These fires are typically fueled by line 32 high winds, structural density , and flammable materials, often line 33 transitioning from wildland-urban interface fires into surrounding line 34 communities.
line 35 (10)
line 36 (7) “Wildfire” means a wildland-urban interface fire, or an urban line 37 conflagration, that has been designated and declared in a state of line 38 emergency pursuant to Section 8558 of the Government Code. line 39 (11)
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line 1 (8) “Wildland-urban interface fire” means a fire, regardless of line 2 cause, in the zone of transition between unoccupied land and line 3 human development, including the area or zone where structures line 4 and other human de velopment meet or intermingle with line 5 undeveloped wildland or vegetative fuels creating significant fire line 6 risk to developed areas and a significant number of structures, that line 7 has been designated and declared in a state of emergency pursuant line 8 to Section 8558 of the Government Code.
line 9 SEC. 4. Chapter 7.5 (commencing with Section 105435) is line 10 added to Part 5 of Division 103 of the Health and Safety Code, to line 11 read:
line 12
line 13 Chapter 7.5. Wildfire Remediation Certification and line 14 Training
line 15
line 16 105435. (a) The Le gislature finds and declares all of the line 17 following:
line 18 (1) The State Department of Public Health administers the line 19 Lead-Related Construction Program (Chapter 4 (commencing with line 20 Section 105250)).
line 21 (2) The Department of Industrial Relations, through its Division line 22 of Occupational Safety and Health, regulates asbestos-related work. line 23 (3) The Contractors State License Board regulates contractors, line 24 including asbestos consultants, for asbestos abatement projects line 25 involving 100 square feet or more of surf ace area of line 26 asbestos-containing material.
line 27 (4) The State Water Resources Control Board administers the line 28 Environmental Laboratory Accreditation Act (Article 3 line 29 (commencing with Section 100825) of Chapter 4 of P art 1 of line 30 Division 101).
line 31 (b) On or before January 1, 2028, the California Environmental line 32 Protection Agency shall consult with the Department of Insurance, line 33 those agencies identified in subdivision (a), and any other state or line 34 local go vernmental agenc y, as may be necessary , to establish line 35 training and certification requirements for a person who inspects, line 36 evaluates, samples, tests, analyzes, or restores residential properties line 37 that have sustained smoke damage as a result of a wildland-urban line 38 interface fire or urban conflagration, including industrial hygienists, line 39 restoration professionals, and laboratories. The training and line 40 certification requirements shall be tailored to each cate gory of 95 — 10 — AB 1795
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line 1 persons depending on their role with re gard to wildfire smok e line 2 damage.
line 3 (c) The California En vironmental Protection Agency shall line 4 promulgate re gulations, if necessary , to implement, administer , line 5 and enforce the training and certification requirements, establish line 6 rules for noncompliance, and determine which entity or entities line 7 shall have jurisdiction over the different categories of persons who line 8 will be subject to the requirements.
line 9 (d) (1) The regulations adopted pursuant to subdivision (c) shall line 10 also establish the fees that will be required for the certification of line 11 a person who inspects, e valuates, samples, tests, analyzes, or line 12 restores residential properties that have sustained smoke damage line 13 as a result of wildfire. The fees imposed under this section shall line 14 be established at levels not to exceed an amount sufficient to cover line 15 the costs of administering and enforcing the requirements and line 16 regulations adopted under this section.
line 17 (2) Fees collected pursuant to this section shall be deposited line 18 into the Wildfire Remediation Certification and Training Fund, line 19 which is hereby created in the State Treasury. Funds shall be line 20 available, upon appropriation by the Legislature, for the purposes line 21 described in paragraph (1).
line 22 (e) The definitions set forth in Section 25405 apply for purposes line 23 of this section.
line 24 SEC. 5. Section 2060.1 is added to the Insurance Code, to read:
line 25 2060.1. (a) An insurer shall not terminate co verage for line 26 additional li ving e xpenses for a co vered smok e damage claim line 27 submitted under a polic y of residential property insurance, as line 28 defined in Section 10087, as a result of a wildland-urban interface line 29 fire or urban conflagration that is declared a state of emer gency line 30 pursuant to Section 8558 of the Go vernment Code until the line 31 property has been cleared for habitation pursuant to guidance issued line 32 pursuant to Section 25405 of the Health and Safety Code and line 33 Section 2060.2, subject to the applicable policy limit. line 34 (b) For purposes of this section, “smok e damage, ” “urban line 35 conflagration,” and “wildland-urban interface fire” have the same line 36 meanings as defined in Section 25405 of the Health and Safety line 37 Code.
line 38 SEC. 6. Section 2060.2 is added to the Insurance Code, to read:
line 39 2060.2. (a) The guidance de veloped by the California line 40 Environmental Protection Agency pursuant to Section 25405 of 95 AB 1795 — 11 —
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line 1 the Health and Safety Code shall apply to covered smoke damage line 2 claims within the impact zone submitted under policies of line 3 residential property insurance as a result of a wildland-urban line 4 interface fire or urban conflagration that is declared a state of line 5 emergency pursuant to Section 8558 of the Government Code. line 6 (b) In addition to the guidance described in subdi vision (a), if line 7 a local or state public health department, en vironmental agency, line 8 or any other governmental agency with jurisdiction over the area line 9 where a wildfire has occurred issues a public notice, b ulletin, or line 10 advisory that pro vides explicit guidance pertaining to a specific line 11 wildfire, including identifying specific wildland-urban interf ace line 12 fire or urban conflagration contaminants, minimum sampling and line 13 testing recommendations, and chemical screening le vels for line 14 residential properties that have sustained smoke damage, then that line 15 guidance shall also apply to claims under residential property line 16 insurance on properties that ha ve sustained smok e damage as a line 17 result of a wildland-urban interf ace fire or urban conflagration, line 18 utilizing the same tiered sampling and testing recommendations line 19 for each zone de veloped by the California En vironmental line 20 Protection Agency.
line 21 (c) Until the California En vironmental Protection Agency line 22 develops the guidance required pursuant to Section 25405 of the line 23 Health and Safety Code, if a local or state public health department, line 24 environmental agenc y, or an y other go vernmental agenc y with line 25 jurisdiction over the area where a wildfire has occurred issues a line 26 public notice, bulletin, advisory, or guidance that describes specific line 27 standards for sampling, testing, and chemical screening levels for line 28 residential smoke damage and restoration pertaining to a specific line 29 wildfire, then those standards shall apply to a person in volved in line 30 the inspection, e valuation, testing, and restoration process, line 31 including an open, pending, or disputed insurance claim involving line 32 that specific wildfire.
line 33 (d)
line 34 (c) An insurer shall be responsible for covering the cost of the line 35 sampling and testing that is required pursuant to the guidance line 36 issued pursuant to Section 25405 of the Health and Safety Code line 37 and this section, subject to the terms and provisions of the policy, line 38 the conditions and limitations set forth in subdivision (h), and all line 39 of the following rebuttable presumptions: policy. 95 — 12 — AB 1795
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line 1 (1) For residential properties in the high-impact zone, there shall line 2 be a rebuttable presumption that there is significant smoke damage line 3 exposure from the wildfire and the smoke damage claim shall be line 4 classified as high impact for purposes of the type of inspection, line 5 evaluation, and testing it receives.
line 6 (2) For residential properties in the moderate-impact zone, there line 7 shall be a rebuttable presumption that the property shall initially line 8 be classified as moderate impact for purposes of the type of line 9 inspection, evaluation, and testing, if applicable, it receives. line 10 (3) For residential properties in the low-impact zone, there shall line 11 be a reb uttable presumption that the property shall initially be line 12 classified as low impact for purposes of the type of inspection, if line 13 any, and evaluation it receives.
line 14 (e)
line 15 (d) This section does not preclude an insurer from co vering line 16 sampling and testing that exceeds what is required pursuant to the line 17 guidance issued pursuant to Section 25405 of the Health and Safety line 18 Code and this section.
line 19 (f)
line 20 (e) All of the following conditions shall apply to covered smoke line 21 damage claims resulting from a wildland-urban interf ace fire or line 22 urban conflagration that is declared a state of emergency pursuant line 23 to Section 8558 of the Government Code:
line 24 (1) If the insurer chooses to e xercise its right to inspect the line 25 smoke-damaged property, the insurer shall inspect the property as line 26 soon as practicable, b ut no later than 30 calendar days after line 27 receiving notice of the claim. If the property is not accessible due line 28 to go vernment restrictions, then the insurer shall inspect the line 29 property as soon as practicable, but no later than 30 calendar days line 30 after access to the property is granted.
line 31 (2) Unless the policyholder has agreed to permit the insurer, or line 32 the insurer’s contractor , to remediate and restore the damaged line 33 property, the insurer shall pay the actual cash value of the cost to line 34 restore the damaged property to no less than its condition before line 35 the loss as soon as practicable, but no later than 30 calendar days line 36 from the date the property was inspected.
line 37 (3) Unless the policyholder has agreed to permit the insurer, or line 38 the insurer’s contractor , to remediate and restore the damaged line 39 property, under a polic y of residential property insurance that line 40 requires payment of the replacement cost for a loss, after the actual 95 AB 1795 — 13 —
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line 1 cash value payment is made pursuant to paragraph (2), the insurer line 2 shall pay the undisputed amount of replacement cost to restore the line 3 damaged property to no less than its condition before the loss, up line 4 to the applicable policy limits, within 15 calendar days from the line 5 date upon which the insured provides the insurer with a copy of a line 6 valid and executed contract with a licensed contractor to remediate line 7 and restore the damaged property to its preloss condition. line 8 (4) A payment not made pursuant to the timeframes required line 9 by this subdi vision shall accrue interest payable to the insured line 10 pursuant to Section 2057.
line 11 (g)
line 12 (f) If a smoke damage insurance claim is settled on the basis of line 13 a written scope or estimate prepared by or for the insurer , the line 14 insurer shall supply the claimant with a cop y of each document line 15 upon which the settlement is based. The estimate prepared by or line 16 for the insurer shall be for an amount that will restore the damaged line 17 property to no less than its condition before the loss and that shall line 18 allow for restoration to be completed in a manner that meets or line 19 exceeds the guidance issued pursuant to Section 25405 of the line 20 Health and Safety Code and accepted trade and industry standards line 21 for the specific w ork being performed. A vendor or contractor line 22 hired or referred by the insurer to prepare the written scope or line 23 estimate or to perform smoke damage restoration work shall have line 24 the requisite license, training, and certification with respect to line 25 smoke damage caused by wildfire in residential properties. The line 26 policyholder shall have the right to select the vendor or contractor line 27 to perform the restoration of the property.
line 28 (h)
line 29 (g) All of the following conditions and limitations shall apply line 30 to covered smoke damage claims resulting from a wildland-urban line 31 interface fire or urban conflagration that is declared a state of line 32 emergency pursuant to Section 8558 of the Government Code:
line 33 (1) Notice of the claim shall be pro vided to the insurer within line 34 120 days after the wildfire has reached 100 percent containment, line 35 as determined by the Department of Forestry and Fire Protection. line 36 An insurer shall pro vide an insured, or insured’ s representative, line 37 additional e xtensions of this time period for good cause if the line 38 insured, acting in good f aith and with reasonable diligence, line 39 encounters a delay in providing notice of the claim that is beyond line 40 the control of the insured. Circumstances be yond the control of 95 — 14 — AB 1795
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line 1 the insured may include either of the follo wing, if applicable to line 2 the specific claim:
line 3 (A) The death, disability, injury, or incapacity of the insured. line 4 (B) The inability of the insured to access the insured property line 5 as a result of governmental action or because the insured property line 6 is located in an area that is exposed to hazardous materials posing line 7 a health risk.
line 8 (2) If notice of the claim is gi ven to an insurer later than the line 9 time period permitted under paragraph (1), then the claim may be line 10 subject to a sublimit of no less than 10 percent of the policy limits line 11 applicable to the primary structure.
line 12 (i)
line 13 (h) The department shall implement and enforce the guidance line 14 issued pursuant to Section 25405 of the Health and Safety Code line 15 and this section as they pertain to its licensees and shall have the line 16 administrative authority to assess penalties for noncompliance. A line 17 violation of this section shall be an unfair practice subject to Article line 18 6.5 (commencing with Section 790) of Chapter 1 of P art 2 of line 19 Division 1.
line 20 (j)
line 21 (i) The department may adopt regulations pursuant to Chapter line 22 3.5 (commencing with Section 11340) of P art 1 of Division 3 of line 23 Title 2 of the Government Code as necessary to implement or make line 24 specific this section.
line 25 (k)
line 26 (j) The definitions set forth in Section 25405 of the Health and line 27 Safety Code apply for purposes of this section. line 28 (l)
line 29 (k) This section applies to all policies of residential property line 30 insurance, as defined in Section 10087, issued, amended, or line 31 renewed on or after the operative date of this section. line 32 SEC. 7. Section 14048 is added to the Insurance Code , line 33 immediately following Section 14047, to read:
line 34 14048. (a) On or before January 1, 2028, the department shall line 35 develop a training and certification program for insurance adjusters line 36 in inspecting, e valuating, sampling, or testing smok e damage line 37 caused by a wildland-urban interf ace fire or urban conflagration line 38 in residential properties on behalf of insurers. An insurer, adjuster line 39 firm, or qualified manager shall train and accredit its adjusters in line 40 accordance with those standards.
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line 1 (b) The department shall implement and enforce the standards line 2 developed pursuant to subdi vision (a) and shall ha ve the line 3 administrative authority to assess penalties for noncompliance. A line 4 violation of this section shall be an unfair practice subject to Article line 5 6.5 (commencing with Section 790) of Chapter 1 of P art 2 of line 6 Division 1, in addition to an y other disciplinary proceedings line 7 provided in this chapter.
line 8 (c) The department may adopt regulations pursuant to Chapter line 9 3.5 (commencing with Section 11340) of P art 1 of Division 3 of line 10 Title 2 of the Government Code as necessary to implement or make line 11 specific this section.
line 12 (d) For purposes of this section, “insurance adjuster” includes line 13 all of the following persons:
line 14 (1) Persons licensed pursuant to this chapter. line 15 (2) Employees of persons licensed pursuant to this chapter who line 16 perform insurance adjusting acti vities, as described in Section line 17 14021.
line 18 (3) Employees of an insurer who perform insurance adjusting line 19 activities, as described in Section 14021.
line 20 (e) For purposes of this section, “smok e damage, ” “urban line 21 conflagration,” and “wildland-urban interface fire” have the same line 22 meanings as defined in Section 25405 of the Health and Safety line 23 Code.
line 24 SEC. 8. Section 15009.2 is added to the Insurance Code, to line 25 read:
line 26 15009.2. (a) On or before January 1, 2028, the department line 27 shall de velop a training and certification program for public line 28 insurance adjusters, as defined in Section 15007, in inspecting, line 29 evaluating, sampling, or testing smok e damage caused by a line 30 wildland-urban interface fire or urban conflagration in residential line 31 properties on behalf of insureds. A public adjuster hired by an line 32 insured to adjust smok e damage claims shall ha ve the requisite line 33 license, training, and certification, as required by this section. line 34 (b) The department shall implement and enforce the standards line 35 developed pursuant to subdi vision (a) and shall ha ve the line 36 administrative authority to assess penalties for noncompliance. A line 37 violation of this section shall be an unfair practice subject to Article line 38 6.5 (commencing with Section 790) of Chapter 1 of P art 2 of line 39 Division 1, in addition to an y other disciplinary proceedings line 40 provided in this chapter.
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line 1 (c) The department may adopt regulations pursuant to Chapter line 2 3.5 (commencing with Section 11340) of P art 1 of Division 3 of line 3 Title 2 of the Government Code as necessary to implement or make line 4 specific this section.
line 5 (d) For purposes of this section, “smok e damage, ” “urban line 6 conflagration,” and “wildland-urban interface fire” have the same line 7 meanings as defined in Section 25405 of the Health and Safety line 8 Code.
line 9 SEC. 9. This act is an ur gency statute necessary for the line 10 immediate preservation of the public peace, health, or safety within line 11 the meaning of Article IV of the California Constitution and shall line 12 go into immediate effect. The facts constituting the necessity are:
line 13 There are no e xisting standards with re gard to the handling of line 14 wildfire smoke damage insurance claims, which has resulted in line 15 unfair and inconsistent handling by insurers to the detriment of line 16 the residents of this state who are being forced to return to line 17 smoke-damaged residential properties that have not been properly line 18 restored and cleared for habitation. Therefore, the Legislature finds line 19 that it is necessary that this act take effect immediately.
O
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ATTACHMENT 4
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Insurance Commissioner Ricardo Lara
California Department of Insurance
Assembly Bill 1795 (Gipson)
Smoke Damage Recovery Act
Insurance Commissioner
Ricardo Lara
We protect all Californians by regulating the
insurance industry to ensure a competitive and sustainable market, investigating fraud, and advocating for consumers through awareness, public policy, innovation, and service.
Updated 01/23/2026
BILL SUMMARY
AB 1795 establishes uniform statewide standards for the inspection, testing, and remediation of residential
properties damaged by smoke exposure from wildfires. It requires insurance companies to follow consistent
remediation protocols, ensures that residential properties are restored to safe and habitable condition, and creates training and certification requirements for professionals involved in smoke‑damage assessment and cleanup. The
bill directs the Department of Insurance (CDI) to adopt regulations, identifies the responsible enforcement
agencies, and provides interim guidance for claims arising from specific fires when state or local agencies issue
post‑fire guidance or advisories.
BACKGROUND
California has experienced record‑breaking wildfires,
including the January 2025 Eaton and Palisades Fires,
which destroyed thousands of homes and left many more
contaminated by smoke, soot, ash, char, and other
hazardous substances. Thousands of smoke‑damage
insurance claims have since been filed.
Because no authoritative, enforceable standards exist for testing or remediating smoke damage, survivors report
inconsistent claims handling, partial or total denials, and refusals by insurers to pay for pre‑ or post‑remediation testing. CDI has taken executive actions—including
consumer bulletins, enforcement actions, and
investigations—but the absence of standards has resulted in a patchwork of insurer practices.
Other states face similar challenges. Colorado’s recent study found that the lack of standards leads to “battles of experts,” failed cleanups, excessive sampling costs,
prolonged ALE expenses, and litigation. Both states
identified the need for minimum testing protocols and
uniform remediation guidance.
In response to the January 2025 fires, Insurance
Commissioner Lara convened a Smoke Claims and
Remediation Task Force to develop recommendations for
statewide standards and insurance coverage expectations.
EXISTING LAW
Residential property insurance policies that cover the peril of fire also cover smoke damage caused by fire, and
insurers are required to fully investigate claims and restore covered properties to pre‑loss condition. However,
California has no statewide standards governing the
inspection or testing of smoke‑damaged homes, no
minimum sampling or clearance protocols, no mandated
remediation methods, and no training or certification
requirements for professionals who assess or remediate
smoke damage. No state agency is currently designated to enforce uniform smoke‑damage remediation standards,
and existing claims‑handling requirements lack the
specificity needed for consistent enforcement.
PROBLEM
The absence of authoritative, enforceable standards has resulted in inconsistent insurer practices, including denials of testing, partial claim denials, and refusals to reimburse for pre‑ or post‑remediation testing. Homeowners and
tenants face uncertainty about whether their homes are
safe to reenter, and many have been forced to pay for
testing or remediation out of pocket. Disputes between
insurers and policyholders frequently escalate into a
“battle of experts,” leading to delays, failed cleanups, extended displacement, increased alternative living
expenses, and litigation. Without statewide standards,
Item: 11
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Insurance Commissioner Ricardo Lara
California Department of Insurance
Assembly Bill 1795 (Gipson)
Smoke Damage Recovery Act
Insurance Commissioner
Ricardo Lara
We protect all Californians by regulating the
insurance industry to ensure a competitive and sustainable market, investigating fraud, and advocating for consumers through awareness, public policy, innovation, and service.
Updated 01/23/2026
neither insurers nor regulators have a clear framework to ensure that smoke‑damaged homes are restored to safe,
habitable, pre‑loss condition, and the resulting instability contributes to rising costs in the residential property insurance market.
PROPOSED SOLUTION
AB 1795 would create a comprehensive statewide
framework to ensure consistent, science‑based handling of smoke‑damage claims. It will establish minimum protocols for inspection, sampling, and testing of smoke‑related
contaminants and sets clear thresholds for determining
whether a property is safe. This bill will mandate insurer compliance with remediation protocols and clarify their obligation to cover the cost of restoring properties to preloss condition. These standards will apply to all
residential property insurance policies.
AB 1795 will also identify the state agencies responsible for implementing and enforcing the standards and creates penalties for noncompliance.
SPONSOR
Insurance Commissioner Ricardo Lara
CONTACTS
Josephine Figueroa
Deputy Commissioner & Legislative Director
California Department of Insurance
[email protected]
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ATTACHMENT 5
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AB 1795