MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST
The Regular Meeting of the City Council of the City of Lake Forest held Tuesday, April 19, 2022, at the Lake Forest City Council Chamber, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:30 p.m. Mayor Pequeño, Mayor Pro Tem Cirbo and Council Member Tettemer were present.
ROLL CALL: Councilmembers: Neeki Moatazedi (teleconference) Mark Tettemer
Scott Voigts
Mayor Pro Tem Doug Cirbo
Mayor: Robert Pequeño (teleconference)
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund
CLOSED SESSION: (Item Nos. 1-2)
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1) NUMBER OF CASES: 1 CASE NAME: CHRISTOPHER NILS CONNOLLY V. CITY OF LAKE FOREST, ET AL. OCSC CASE NO.: 30-2022-01246650-CU-BT-CXC ACTON: Closed session was conducted.
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(D)(4) NUMBER OF POTENTIAL CASES: 2
ACTION: Closed session was conducted.
RECESS: City Council recessed to Closed Session for the purpose of conducting regular City business.
RECONVENE: City Council reconvened at 6:30 p.m. to continue regular City business.
Mayor Pequeño, Mayor Pro Tem Cirbo and Council Member Tettemer, Voigts and Moatazedi were all present.
CLOSED SESSION COMMENTS:
Public comment on closed session was provided by Andrew O'Connor.
CLOSED SESSION REPORT: The City Council gave direction to staff respond to the lawsuit Connolly vs. the City of Lake Forest, and gave further direction to initiate litigation against two businesses that are operating illegally in the city.
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PUBLIC SESSION:
INVOCATION: The Invocation was provided by Mayor Pro Tem Cirbo.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Council Member Voigts.
PRESENTATIONS:
MOTION: It was moved by Council Member Voigts and seconded by Council Member Tettemer to allow the presentations. The motion was approved 5/0.
Public comment was received from Andrew O'Connor.
3. PRESENTATION BY ORANGE COUNTY SHERIFF'S DEPARTMENT ON THE
FENTANYL EPIDEMIC
ACTION: The presentation was received from Sgt. Brian Gunsolley of OCSD.
4. NEW EMPLOYEE INTRODUCTIONS
ACTION: The introduction of new employees were introduced to the City Council.
PUBLIC COMMENTS:
Comments were received from Anne-Marie Blaney, Walter Nobrega, Andrew O'Connor and Victor Scherr.
CONSENT CALENDAR: (Item Nos. 5 - 16)
MOTION: It was moved by Council Member Voigts and seconded by Council Member Tettemer to approve Consent Calendar Item No. 5-12 and 16. The motion was carried by a vote of 5/0 with Council Member Voigts abstaining from Item No. 6.
Item Nos. 13-15 were pulled from the consent calendar to allow for public comment.
Comments were received from Andrew O'Connor.
MOTION: It was moved by Council Member Tettemer and seconded by Council Member Voigts to approve Consent Calendar Item Nos. 13-15.
5. MOTION TO WAIVE RESOLUTIONS AND ORDINANCES
ACTION: Said Ordinances and Resolutions which appear on the public agenda were determined to have been read by title and further reading waived.
APRIL 19, 2022
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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 1, 2022
ACTION: Minutes were approve as submitted.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 15, 2022
ACTION: Minutes were approve as submitted.
MINUTES OF REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 5, 2022
ACTION: Minutes were approve as submitted.
9. MONTHLY TREASURER'S REPORT - MARCH 2022
ACTION: The City Council received and filed the Treasurer's Report.
10. REJECT ALL BIDS AND AUTHORIZE RE-BIDDING FOR NEIGHBORHOOD PARK RENOVATIONS: BORREGO OVERLOOK PARK, REGENCY PARK,
AND RANCHO SERRANO PARK (PW2017-17E).
ACTION: 1. All bids received for the Neighborhood Park Renovations: Borrego Overlook Park, Regency Park, and Rancho Serrano Park (PW2017-17E) were rejected.
2. Staff was authorized to solicit new bids for this project.
11. FOURTH AMENDMENT TO THE AGREEMENT WITH ECONOMICS, INC. FOR
SOLID WASTE AND RECYCLING CONSULTING SERVICES
ACTION: 1. The City Council approved the Fourth Amendment to the Agreement with EcoNomics, Inc. for solid waste and recycling consulting services.
2. The Mayor was authorized to sign, and the City Clerk to attest, the Fourth Amendment, substantially in the form that was attached.
12. CONTRACT AWARD FOR DESIGN FOR THE ADA ACCESS RAMP
IMPROVEMENT PROJECT, PHASSES 13 THROUGH 17
ACTION: 1. An Agreement was awarded for Design Services in the amount of $318,155.00 to Onward Engineering, for professional engineering design services for the ADA Access Ramp improvement project, Phases 13 through 17.
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2. The Mayor was authorized to sign, and the City Clerk to attest the Agreement with Onward Engineering, substantially in the form that was attached.
13. AWARD CONSTRUCTION CONTRACT ARBOR ACCESS RAMP (PW 2019-17) ACTION: 1. The proposed Arbor Access Ramp Project was found not to be subject to the requirements of the California Environmental Quality Act ("CEQA") for the following reason: The proposed project is exempt from CEQA under the commonsense exemption, which provides that an activity is not subject to CEQA where, as here, it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment (State CEQA Guidelines, §15061, subd. (b)(3)).
2. A contract document for Arbor Mini Access Ramp Project (PW 2019-17) was approved.
3.A contract was awarded in the amount of $234,833.00 to Elegant Construction, Inc.
4. The Mayor was authorized to sign, and the City Clerk to attest the contract with Elegant Construction, Inc.
14. FIFTH AMENDMENT TO THE AGREEMENT WITH NIEVES LANDSCAPE, INC., FOR MEDIANS, PARKWAYS AND SLPES LANDSCAPE MAINTENANCE
SERVICES
ACTION: 1. Approve the Fifth Amendment to the Agreement for Medians, Parkways and Slopes Landscape Maintenance Services with Nieves Landscape, Inc.
2. The Mayor was authorized to sign, and the City Clerk to attest, the Fifth Amendment substantially in the form attached.
15. NINTH AMENDMENT TO THE AGREEMENT WITH NIEVES LANSCAPE INC.
FOR PASSIVE PARK MAINTENANCE SERVICES
ACTION: 1. The Ninth Amendment to the Agreement for Passive Park Landscape Maintenance Services with Nieves Landscape, Inc. was approved
2. The Mayor was authorized to sign, and the City Clerk to attest, the Ninth Amendment substantially in the form attached.
16. AWARD CONSTRUCTION CONTRACT FOR NEIGHNORHOOD PARK
RENOVATIONS: VINTAGE PARK AND SUNDOWNER PARK (PW2017-17D) LAKE FOREST CITY COUNCIL MINUTES APRIL 19, 2022
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ACTION: 1. Contract documents for construction of Neighborhood Park Renovations: Vintage Park and Sundowner Park were approved.
2. A contract in the amount of $944,047.18 to Diamond Construction & Design was awarded.
3. All other bids received were rejected and return of the bid bonds were authorized upon receipt of the executed contract document from Diamond Construction & Design
4. The Mayor was authorized to sign, and the City Clerk to attest the contract with Diamon Construction & Design.
DISCUSSION/ACTION ITEMS: (17 - 19)
17. FISCAL YEAR 2021-22 MID-YEAR BUDGET REVIEW
Public comment was received by Andrew O'Connor.
City Manager Rose introduced this item. Finance Director Shirah summarized the mid-year budget review with a power point presentation. City Council questions were asked and answered.
MOTION: It was moved by Council Member Tettemer and seconded by Council Member Voigts to approve staff recommendation and adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE BUDGET FOR 2021-23; AMENDING THE 2021 - 2028 CAPITAL IMPROVEMENT PLAN; AMENDING APPROPRIATIONS FOR FISCAL YEAR 2021-22". The motion passed 5/0.
18. AD-HOC COMMITTEE FOR SOLID WASTE FRANCHISE AGREEMENT
PROCUREMENT
MOTION: It was moved by Mayor Pequeño and seconded by Council Member Tettemer to appoint Mayor Pequeño and Mayor Pro Tem Cirbo to the ad-hoc committee for solid waste. The motion passed 5/0.
19. STRATEGIC PLAN QUARTERLY UPDATE
City Manager Rose introduced this item. Assistant to the City Manager McGovern summarized the strategic plan quarterly update with a power point presentation. City Council questions were asked and answered.
MOTION: It was moved by Mayor Pequeño and seconded by Council Member Tettemer to receive and file the report. The motion passed 5/0.
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CITY MANAGERS REPORT:
City Manager Rose had no further comments.
CITY COUNCIL COMMENTS:
Council Member Moatazedi: Council Member Moatazedi comment was not audible.
Council Member Tettemer: Council Member Tettemer had no further comments.
Council Member Voigts: Council Member Voigts announced that he attended Pure Ride Cycles and the City's Bunny Blast event last
weekend.
Mayor Pro Tem Cirbo: Mayor Pro Tem thanked staff for all of their hard work.
Mayor: Pequeño Mayor Pequeño thanked staff for all of their hard work. He thanked Mayor Pro Tem Cirbo for chairing
the meeting this evening and reminded the public
about the Dump Day event scheduled for Saturday,
ADJOURNMENT: The regular meeting of the City Council was adjourned at 8:17 p.m.
Respectfully submitted: APPROVED:
LISA BERGLUND, MPA
CITY CLERK MAYOR
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