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, August 16, 2022, at the Lake Forest City Council Chamber, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:30 p.m.
ROLL CALL: Councilmembers: Mark Tettemer
Scott Voigts
Neeki Moatazedi (teleconference)
Mayor Pro Tem Doug Cirbo
Mayor: Robert Pequeño
City Manager: Debra Rose
City Attorney: Matthew Richardson
City Clerk: Lisa Berglund
CLOSED SESSION: (Item Nos: 1)
1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6 AGENCY DESIGNATED
REPRESENTATIVE: CITY MANAGER UNREPRESENTED EMPLOYEE: ALL
EMPLOYEES
ACTION: Closed session was conducted.
RECESS: The City Council recessed for the purpose of conducting closed session.
RECONVENE: The City Council reconvened public session to continue regular City business.
PUBLIC SESSION:
Upon the conclusion of closed session, Council Member Moatazedi left the meeting and was not present for the public session portion of the City Council meeting.
INVOCATION: The Invocation will be provided by Second Counselor in Bishopric, Matt Giles of the Lake Forest Ward of The Church of Jesus Christ of Latter-day Saints.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Mayor Pro Tem Cirbo.
CLOSED SESSION REPORT: City Attorney Richardson had no reportable action.
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PRESENTATIONS: (Item No. 2)
2. RECOGNITION OF 2022 FOURTH OF JULY PARADE VOLUNTEERS,
SPECIAL GROUPS, SPONSORS AND AWARD WINNERS
ACTION: Volunteers, special groups and parade sponsors were recognized for planning and producing the 2022 Lake Forest 4th of July Parade.
PUBLIC COMMENTS:
Public comments were offered by Randy Johnson.
CONSENT CALENDAR: (Item Nos. 3 - 9)
STATEMENTS READ INTO THE RECORD:
Council Member Voigts
There are warrants on the register to the County of Orange. I am an employee of the County of Orange, but I do not work for the department that generated the warrants.
Because the County of Orange is a public agency and because I do not work for the department in question, I have determined that I have a non-interest in these warrants and will vote on this item.
Council Member Tettemer
There is a warrant on the register to the Irvine Ranch Water District. I am an employee of the Irvine Ranch Water District, but I do not work for the department that generated this warrant. Because the Irvine Ranch Water District is a public agency and because / do not work for the department in question, I have determined that I have a non- interest in this warrant and will vote on this warrant.
Mayor Pro Tem Cirbo
There are warrants on the register to All City Management Services. My wife is an employee of the ACMS and I have determined that I have a remote interest in these warrants and will abstain from voting on the warrants.
MOTION: It was moved by Council Member Tettemer and seconded by Council Member Voigts to approve Consent Calendar Item Nos. 3 - 9. The motion was carried by a vote of 4/0 with Council Member Cirbo abstaining from the ACMS warrant and Council Member Tettemer dissenting on Item No. 4 and Council Member Moatazedi absent.
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MOTION TO WAIVE RESOLUTIONS OF RESOLUTIONS AND ORDINANCES ACTION: Ordinances and Resolutions appearing on the public agenda were determined to have been read by title and further reading waived.
4. CONTINUING TO HOLD VIRTUAL MEETINGS PURSUANT TO AB 361 ACTION: Renewed findings were made that a state of emergency remains in effect and that state and local officials continue to recommend measures that promote social distancing.
5. CERTIFICATION OF WARRANT REGISTER
ACTION: The warrant register was approved in the amount of $5,004,471.05 as submitted.
6. ACCEPTANCE OF PORTOLA CENTER IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT 17300, PHASE 1
ACTION: The storm drain improvements constructed by USA Portola East, LLC, a California Limited Liability Company for Tract 17300, Phase 1 were accepted as complete. The City Clerk was authorized to release Subdivision Improvement Faithful Performance and Subdivision Improvement Labor and Materials Bonds, both in the amount of $539,945. The City Clerk was authorized to release the Subdivision Improvement Warranty Bond in the amount of $53,994.50 one year after acceptance of the storm drain improvements with the concurrence of the Director of Public Works/City Engineer.
7. SECOND READING AND ADOPTION OF ORDINANCE NO. 354, AN
ORDINANCE AMENDING LAKE FOREST MUNICIPAL CODE (LFMC)
SECTION 9.04.030, CHAPTER 9.162, SECTION 9.184.020, AND SECTION
9.184.040 TO REQUIRE A WIRELESS COMMUNICATION FACILITY (WCF) PERMIT FOR CLASS 4, CLASS 7, AND CLASS 8 WCFS, IN LIEU OF A
CHANGED PLAN AND SITE DEVELOPMENT PERMIT RESPECTIVELY, AND
PROCESSING PROCEDURES FOR CONSISTENCY WITH STATE AND
FEDERAL LAW
ACTION: A second reading was conducted of Ordinance No. 354 entitled: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING SECTION 9.04.030, CHAPTER 9.162, SECTION
9.184.020, AND SECTION 9.184.040 OF THE LAKE FOREST MUNICIPAL
CODE REGARDING WIRELESS COMMUNICATION FACILITIES AND
FINDING THE ACTION EXEMPT FROM CEQA. Adopt Ordinance No. 354.
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8. CONTRACT AWARD FOR ELECTRONIC DOCUMENT MANGEMENT
SOFTWARE AND SERVICES
ACTION: A Professional Service Agreement was approved with ECS Imaging, Inc, in the amount of $122,700 for Electronic Document Management software and services. The Mayor was authorized to sign, and the City Clerk to attest, the Agreement with ECS imaging, Inc., substantially in the form attached.
9. AWARD OF CONTRACT FOR PARKING PERMIT AND CITIATION
PROCESSING PROGRAM
ACTION: An agreement was awarded for the Parking Permit and Citation Processing Program in the amount of $175,738.20 to Data Ticket, Inc. for administration of a parking permit processing program and parking citation processing services. The Mayor was authorized to sign, and the City Clerk to attest the Agreement with Data Ticket, Inc., substantially in the form attached.
PUBLIC HEARING: (Item Nos. 10 - 14)
10. AN ORDINANCE AMENDING SECTION 9.146.050 - ACCESSORY
DWELLING UNITS, OF THE LAKE FOREST MUNICIPAL CODE FOR
CONSISTENCY WITH CALIFORNIA ASSEMBLY BILL 345 AND RECENTLY
ISSUED GUIDANCE FROM CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT
Mayor Pequeño opened the public hearing. City Manager Rose introduced Senior Planner Ron Santos to provide a presentation to the Council. Mr. Santos provided a verbal report to the City Council. No public testimony was offered.
Mayor Pequeño closed the public hearing.
Mayor Pro Tem Cirbo made a motion to introduce for first reading an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING SECTION 9.146.050 OF THE LAKE
FOREST MUNICIPAL CODE GOVERNING ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS AND FINDING THE ACTION TO BE EXEMPT FROM CEQA. The motion was seconded by Council Member Tettemer. The motion passed unanimously 4/0 with Council Member Moatazedi absent.
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11. REVISED "2021-2029 HOUSING ELEMENT" OF THE GENERAL PLAN Mayor Pequeño opened the public hearing. City Manager Rose introduced Assistant Community Development Director Amy Stonich to provide a verbal presentation to the Council. Assistant Director Stonich provided a report to the City Council. Questions were asked and answered. Public testimony was offered by Randy Johnson. Mayor Pequeño closed the public hearing.
Council Member Tettemer made a motion to introduce for first reading a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, ADOPTING THE REVISED "2021-2029 HOUSING ELEMENT" OF THE GENERAL PLAN. The motion was seconded by Council Member Voigts. The motion passed unanimously 4/0 with Council Member Moatazedi absent.
12. AN ORDINANCE APPROVING MIXED-USE ZONING AMENDMENT (ZC) 03- 22-5511
Mayor Pequeño opened the public hearing. City Manager Rose introduced Senior Planner Marie Luna to provide a presentation to the Council. Ms. Luna provided a report to the City Council. Questions were asked and answered.
Public testimony was offered by Randy Johnson. Mayor Pequeño closed the public hearing.
MOTION: Council Member Voigts made a motion finding that Zoning Code Amendment (ZC) 03- 22-5511(Project) meets the conditions for a streamlined environmental review process in accordance with CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning). The Project is consistent with the 2040 General Plan, for which an EIR was prepared and certified, and there are no site-specific or cumulative impacts associated with the proposed Project that have not been fully addressed in a previous environmental document, or that cannot be mitigated to a less than-significant level through the application of uniformly applied development policies and/or standards. This evaluation concludes the proposed Project, a City-initiated zoning code amendment to amend the City's Zoning Map and various provisions of the Lake Forest Municipal Code regarding Mixed- Use zoning districts and associated regulations, development and design standards and amending the following planned community texts regarding the same: Foothill Ranch, Pacific Commercentre, Lake Forest, El Toro Planned Community, and Rancho de los Alisos, is within the scope of the 2040 General Plan EIR, and that no further CEQA documentation is required. The first reading an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA APPROVING ZONING CODE AMENDMENT (ZC) 03- 22-5511 AMENDING THE CITY'S ZONING MAP AND VARIOUS PROVISIONS LAKE FOREST CITY COUNCIL MINUTES AUGUST 16, 2022
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OF THE LAKE FOREST MUNICIPAL CODE REGARDING MIXED-USE
ZONING DISTRICT AND ASSOCIATED REGULATIONS, DEVELOPMENT
AND DESIGN STANDARDS AND AMENDING THE FOLLOWING PLANNED COMMUNITY TEXTS REGARDING THE SAME; FOOTHILL RANCH, PACIFIC
COMMERCENTRE, LAKE FOREST, EL TORO, AND RANCHO DE LOS
ALISOS PLANNED COMMUNITIES; AND DETERMINING THAT NO
ADDITIONAL ENVIRONMENTAL REVIEW IS NECESSARY FOR THE
ORDINANCE UNDER STATE CEQA GUIDELINES SECTION 15183 was introduced. The motion was seconded by Mayor Pro Tem Cirbo. The motion passed unanimously 4/0 with Council Member Moatazedi absent.
13. A PUBLIC HEARING PURSUANT TO HEALTH AND SAFETY CODE SECTION 34312.3 REGARDING THE PURCHASE OF LAND GENERALLY LOCATED NORTH OF EL TORO RD., AND SOUTH OF JERONIMO RD., IN THE CITY OF LAKE FOREST, CALIFORNIA, COUNTY OF ORANGE (APN:
614-021-31) AND CONSIDERATION OF THE RELATED PURCHASE VIA
CERTIFICATE OF ACCEPTANCE AND TAKING RELATED ACTIONS
BETWEEN THE LAKE FOREST HOUSING AUTHORITY AND THE CITY OF
LAKE FOREST
This item is a companion item with Housing Authority Agenda item 3.
Mayor Pequeño opened the public hearing. City Manager Rose introduced Senior Management Analyst Adrian Grijalva to provide a presentation to the Council. Mr. Grijalva provided a report to the City Council. Questions were asked and answered. The public comments were offered. Mayor Pequeño closed the public hearing.
Council Member Voigts made a motion to adopt a resolution entitled: A
RESOLUTION OF THE CITY OF LAKE FOREST AUTHORIZING APPROVAL
OF THE PURCHASE OF THAT CERTAIN PROPERTY NORTH OF EL TORO RD., AND SOUTH OF JERONIMO RD., (APN: 614-021-31) AND ACCEPTING
THE PROPERTY FROM THE HOUSING AUTHORITY VIA CERTIFICATE OF ACCEPTANCE, AND TAKING RELATED ACTIONS, and a resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2021-2023 OPERATING BUDGET;
AMENDING APPROPRIATIONS FOR FISCAL YEAR 2022-23, and finally found that the foregoing action is exempt from environmental review under the California Environmental Quality Act pursuant to CEQA Guidelines (Cal. Code.
Regs. Title 14) Section 15312. The motion was seconded by Council Member Cirbo. The motion passed unanimously 4/0 with Council Member Moatazedi absent.
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14. AN ORDINANCE OF THE CITY OF LAKE FOREST, CALIFORNIA, REPEALING CHAPTER 9.224 AND ADDING CHAPTER 1.18 TO THE LAKE
FOREST MUNICIPAL CODE REGARDING REASONABLE
ACCOMMODATIONS
Mayor Pequeño opened the public hearing and offered the public an opportunity to provide public comment. No public comments were given.
MOTION: Council Member Tettemer made a motion to continue the public hearing to September 6, 2022. The motion was seconded by Council Member Voigts. The motion passed 4/0 with Council Member Moatazedi absent.
DISCUSSION: (Item No. 15 - 16)
15. 2021-2028 CAPITAL IMPROVEMENT PROGRAM UPDATE
City Manager Rose introduced City Engineer Doug Erdman to provide a presentation to the Council. Mr. Erdman provided a report to the City Council.
Questions were asked and answered.
MOTION: Mayor Pequeño and the City Council received and filed this presentation.
16. LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE AND ALTERNATE City Manager Rose summarized this item.
MOTION: Council Member Voigts made a motion to appoint Mayor Pequeño to serve as the delegate and Council Member Tettemer to serve as the alternate.
The motion was seconded by Council Member Tettemer. The motion passed 4/0 with Council Member Moatazedi absent.
CITY MANAGERS REPORT:
City Manager Rose had nothing further to report this evening.
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CITY COUNCIL COMMENTS:
Council Member Tettemer: Council Member Tettemer attended an Eagle Scout event Court of Honor this past weekend.
Thursday, there will be an event at the Performing Arts Center on August 18, 2022 with NASA ambassadors
displaying images from the Webb telescope
Council Member Voigts: Council Member Voigts had no further comments this evening.
Mayor Pro Tem Cirbo: Mayor Pro Tem Cirbo attended an Eagle Scout event Court of Honor this past weekend.
He also shared his appreciation for the work that is
done by our City Commissions.
Mayor Pequeño: Mayor Pequeño announced that he is adopting a pug names Edna through the Pet Adoption Center. He
further announced that you can donate necessary
items to the Pet Adoption Center by going to their
website.
Mayor Pequeño attended an Eagle Scout event Court
of Honor this past weekend. He was very impressed
by the two Eagle Scouts.
Lastly the Mayor thanked staff for their hard work.
ADJOURNMENT: The regular meeting of the City Council was adjourned at 7:57 p.m.
Respectfully submitted: APPROVED:
LISA BERGLUND, MPA ROBERT PÉQUEÑO
CITY CLERK MAYOR
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