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, December 6, 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
Mayor Pro Tem Doug Cirbo
Mayor: Robert Peaueñc
City Manager: Debra Rose
City Attorney: Matthew Richardson
City Clerk: Lisa Berglund
CLOSED SESSION: (Item No. 1)
1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(4) NUMBER OF POTENTIAL CASES: 1 ACTION: Closed session was conducted.
RECESS: City Council recessed to Closed Session for the purpose of conducting regular City business.
RECONVENE: At 6:30 p.m. City Council reconvened to continue regular City business.
PUBLIC SESSION:
INVOCATION: The Invocation was provided by Brother Scott Fairbanks of The Church of Jesus Christ of Latter-Day Saints.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Council Member Mark Tettemer.
CLOSED SESSION REPORT: City Attorney Richardson reported that the City Council provided direction to initiate litigation involving an illegal business. He further reported that additional details can be made available once litigation has formally commenced.
Public comment was received from Andrew O'Connor. Mr. O'Connor asked for the City Attorney to repeat his report. Mr. O'Connor expressed his concern about closed session meetings and insufficient reporting of closed session matters. He further questioned why the City Council continues to work with Best, Best and Krieger.
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REPORT FROM STUDENT LIAISON: A verbal report was received from Sam Quimbao, Student Liaison from El Toro High School.
CEREMONIAL: (Items Nos. 2-6)
2. RESOLUTION CERTIFYING THE NOVEMBER 8, 2022, ELECTION ACTION: A Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING
THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW
City Clerk Berglund provided a presentation on Item no. 2. She explained that a final version of the resolution was presented in-person, replacing the draft resolution that was made available during the posting of the agenda. The final resolution that was presented in-person included the final number of votes received in each contest.
MOTION: Council Member Voigts made a motion to approve Items 2-6 on the City Council agenda. The motion was seconded by Mayor Pro Tem Cirbo. The motion passed 5/0.
After the vote Council Member Moatazedi exited the City Council meeting.
INSTALLATION AND OATH OF OFFICE CEREMONY
ACTION: The Oath of Office was administered to the newly elected City Council Members and the newly elected Council Members were seated on the dais.
COMMENTS BY INCOMING COUNCIL MEMBER-ELECT MARK TETTEMER, DISTRICT 4
Public comment was received from Andrew O'Connor. Mr. O'Connor criticized Council Member Tettemer's decisions during his term in office including his vote on the The Arbors improvements, the new cobblestone at the Sports Park, Council Member Voigts settlement with the City and the Kidder Mathews contract.
ACTION: Comments were received from Council Member Tettemer.
COMMENTS BY INCOMING COUNCIL MEMBER-ELECT SCOTT VOIGTS, DISTRICT 3
Public comment was received from Andrew O'Connor and Randy Johnson. Mr.
O'Connor reminded the public that Council Member Voigts sued the City for $500,000 for an accident that occurred in Pittsford Park. He stated Council Lake Forest City CouncIL MinuteS DECEMBER 6, 2022
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Member Voigts changed boundaries for District 2 to allow Suzy Betz to run for that Council District.
Mr. O'Connor questioned Council Member Voigts accepting campaign contributions from donors that do business with the City and questioned his need for raising funds since he ran unopposed.
Randy Johnson shared a copy of Council Member Voigts ethics pledge with the City Council. He spoke critically about Council Member Voigts for allowing marijuana testing in the City. Mr. Johnson spoke critically about Council Member Voigts for not being forthcoming about his lawsuit against the City. Mr. Johnson spoke critically about Council Member Voigts' for advocating that the City join the Orange County Powers Authority.
ACTION: Comments were received from Council Member Scott Voigts. 6:57 p.m. Mayor Pequeno called for a short recess.
7:00 p.m. Mayor Pequeno reconvened the meeting.
6. COMMENTS BY INCOMING COUNCIL MEMBER-ELECT BENJAMIN YU, DISTRICT 2
Public comment was received from Andrew O'Connor. Mr. O'Connor stated that Council Member Yu approved The Meadows development during his term as a Traffic Commissioner. Mr. O'Connor mentioned that traffic on Bake Parkway has increased already and The Meadows units are not yet fully occupied.
Mr. O'Connor inquired what type of small business Council Member Yu owns and how many individuals he employs. Mr. O'Connor inquired about Council Member Yu's military service and which years he served. Mr. O'Connor spoke critically about Council Member Yu enrolling his child in a private school. Mr.
O'Connor questioned and criticized the campaign donors listed on his campaign forms. Mr. O'Connor accused Council Member Yu of breaking his oath.
At 6:55 p.m. Mayor Pequeño called for a brief recess.
At 7:00 p.m. Mayor Pequeño reconvened the meeting.
ACTION: Comments were received from Council Member Benjamin Yu. 7:05 p.m. Mayor Pequeno called for a short recess.
7:12 p.m. Mayor Pequeno reconvened the meeting.
PRESENTATIONS: (Items Nos. 7-8)
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MOTION: It was moved by Council Member Tettemer and seconded by Council Member Voigts to approve Presentation Item Nos. 7-8. The motion was carried by a vote of 5/0.
7. CONSIDERATION OF A PRESENTATION FROM THE TRANSPORTATION
CORRIDOR AGENCIES
ACTION: The presentation was received from David Matza, Deputy Director of Government Relations from the Transportation Corridor Agencies.
8. RECOGNITION OF THE 2022 CHAMPION SPONSOR, EAGLE COMMUNITY CREDIT UNION, AND PRESENTATION OF THE 2023 SPECIAL EVENTS
SPONSORSHIP OPPORTUNITIES PACKET
ACTION: City Manager Rose introduced this item and invited Management Analyst Nicole Houston to provide a presentation on this item. The presentation was received by the Mayor and Council on the special events sponsorship opportunity program. Eagle Community Credit Union was recognized as the 2022 Champion special events sponsor.
PUBLIC COMMENTS:
Marzee requested the City Council condemn the violence perpetrated by the government of Iran.
Henny Abraham requested the City Council condemn the violence perpetrated by the government of Iran.
Nila requested the City Council condemn the violence perpetrated by the government of Iran.
Mona requested the City Council condemn the violence perpetrated by the government of Iran.
Rose requested the City Council condemn the violence perpetrated by the government of Iran.
Maryam requested the City Council condemn the violence perpetrated by the government of Iran.
Mahsa Townsend requested the City Council condemn the violence perpetrated by the government of Iran.
Robert Holtzclaw requested that the City Council support the speakers condemning the government of Iran. He congratulated Council Member Benjamin Yu in his election. He congratulated Doug Cirbo on serving as Lake Forest's Mayor next year. He requested that the City change the designation of the Portola Park grassy soccer field to a grassy recreation field.
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Andrew O'Connor criticized Council Member Voigts for attempting to discredit previous City Council Member Nick. He criticized Mayor Pequeño's leadership during his term as Mayor. He criticized Council Member Cirbo for his lack of leadership related to the contaminated soil in Portola Hills community.
Parker Butterfield requested that the City Council support the speakers condemning the government of Iran. He reported he is witnessing individuals sleeping in their vehicles at parks and at the Foothill Library. He requested the City Council support law enforcement to curb homelessness by enforcing Chapter 13 of Lake Forest Municipal Code.
Farhad Mafie requested the City Council condemn the violence perpetrated by the government of Iran.
Randy Johnson questioned the accuracy of the October 18, 2022, City Council meeting minutes. He requested a clarification from the City Attorney as to the legal requirements of City Council directives being listed in the meeting minutes.
CONSENT CALENDAR: (Item Nos. 9 - 18)
Council Member Yu requested to speak on Item Nos. 15, 17 and 18.
MOTION: It was moved by Council Member Voigts to approve the consent calendar.
Mayor Pequeño voiced his abstention to Item No. 10. City Clerk Berglund clarified that the title of Item No. 10 should be listed as November 15, 2022, instead of November 1, 2022.
STATEMENT READ IN TO THE RECORDS:
Council Member Voigts read the following statement in to the record: 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 / 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 thanked the members of the Orange County Fire Authority for assisting him.
Mayor Pro Tem Cirbo read the following statement in to the record: 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.
Council Member Voigts addressed the public speakers in the audience that spoke out about the violence in Iran. He announced that he will request a consensus item at the end of the meeting to address the violence in Iran.
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Council Comment on Item No. 15:
Council Member Yu suggested that in the future he would like the City reduce the per unit rate of the refuse collection cost in the City of Lake Forest.
Council Comment on Item No. 17:
Council Member Yu asked if the Flock Camera installation was complete. City Manager Rose indicated that should the City Council approve this item this evening, the installation of cameras at city boundaries is complete and that she does not anticipate adding any additional cameras. Council Member Yu requested consensus for staff to prepare a "Safe Lake Forest" program suggested allowing HOA's or businesses to voluntarily join this program to place additional cameras in neighborhoods. Council Member Voigts voiced his support.
Council Comment on Item No. 18:
Council Member Yu mentioned that the City Commission schedule details the deployment of the upcoming Commission appointments.
MOTION: It was moved by Council Member Voigts and seconded by Council Member Yu to approve Consent Calendar Item Nos. 9-18 and Item No. 1 on the Housing Authority agenda. The motion was carried by a vote of 5/0 with Mayor Pequeño abstaining from Item No. 10, Mayor Pro Tem Cirbo abstaining from the ACMS warrant.
9. MOTION TO WAIVE RESOLUTIONS OF RESOLUTIONS AND ORDINANCES ACTION: Said Ordinances and Resolutions appearing on the public agenda were determined to have been read by title and further reading was waived.
10. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 15, 2022
ACTION: The minutes were approved as submitted.
11. MONTHLY TREASURER'S REPORT - OCTOBER 2022
ACTION: The Treasurer's Report was received and filed.
12. CERTIFICATION OF WARRANT REGISTER
ACTION: The warrant register was approved in the amount of $4,581,649.96 as submitted.
13. APPROVAL OF MEASURE M2 EXPENDITURE REPORT
ACTION: A resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST, CALIFORNIA, CONCERNING THE MEASURE LAKE FOREST CITY COUNCIL MINUTES DECEMBER 6, 2022
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M2 EXPENDITURE REPORT FOR THE CITY OF LAKE FOREST was adopted as presented.
14. CONSIDERATION OF THE 2023 CITY MEETING CALENDAR
ACTION: The City Council adopted the 2023 City Meeting calendar as presented.
15. AWARD OF CONTRACT FOR STREET MAINTENANCE AND ENGINEERING
SUPPORT SERVICES
ACTION: An Agreement for Maintenance Services in the amount of $4,850,529.46 was awarded to Charles Abbott & Associates, Inc., of Mission Viejo, California, for Street Maintenance and Engineering Support Services. The Mayor was authorized to sign, and the City Clerk was authorized to attest, the award of contract to Charles Abbott & Associates, Inc., of Mission Viejo, California, substantially in the form presented.
16. AGREEMENTS WITH VONAGE BUSINESS, INC. FOR TELEPHONE
EQUIPMENT AND SERVICES
ACTION: The Second Amendment to the 2019 Agreement with Vonage Business, Inc. for additional Telephone Equipment and Services at the Lake Forest Civic Center was approved. The Agreement with Vonage Business, Inc. for Telephone Equipment and Services at the Lake Forest Civic Center, Sports Park, and the Etnies Skate Park of Lake Forest was approved.
17. SECOND AMENDMENT TO THE AGREEMENT WITH FLOCK GROUP, INC.
ACTION: The additional services agreement with Flock Group, Inc. for automatic license plate reader cameras was approved. The City Manager was authorized to sign, and the City Clerk was authorized to attest, the additional services agreement, substantially in the form presented.
18. CITY COMMISSIONER TERMS EXPIRING IN DECEMBER 2022, AND THE
PROCESS FOR APPOINTING INDIVIDUALS TO THOSE SEATS
ACTION: The staff report was received and filed.
DISCUSSION: (Item Nos. 19-21)
STATEMENT OF INVESTMENT POLICY AND INVESTMENT ADVISORY AND
MANAGEMENT SERVICES DISCUSSION
City Manager Rose introduced this item and invited Finance Director Kevin Shirah to provide a presentation on this item. The presentation was received by LAKE FOREST CITY COUNCIL MINUTES DECEMBER 6, 2022
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the Mayor and Council. City Council Members questions were asked and answered by staff.
MOTION: Council Member Tettemer made a motion to direct staff to revise the City's Investment Policy to allow all investment opportunities authorized in the Government Code and to further revise the City's Investment Policy to allow for the use of an investment advisory firm to actively manage the City's Investment Portfolio. The motion was seconded by Council Member Voigts. The motion passed by a vote of 5/0.
20. CITYWIDE STREET NAME SIGN PROJECT UPDATE
City Manager Rose introduced this item and invited Transportation Manager Tran Tran and Street Maintenance Administrator Justin Kirk to provide a presentation to the City Council. The presentation was received by the Mayor and Council. City Council Members questions were asked and answered by staff.
Council Member Tettemer moved to direct staff to approve the design of neighborhood street name signs and direct staff to proceed with the solicitation of bids for the citywide street name sign project and directed staff to add the replacement of traffic signal street name signs to the citywide street name sign project. The motion was seconded by Mayor Pequeño. The motion passed by a vote of 5/0.
21. ADOPTION OF 2022 CALIFORNIA BUILDING STANDARDS CODES City Manager Rose introduced this item and invited Senior Planner Ron Santos to provide a presentation on this item. The presentation was received by the Mayor and Council.
MOTION: It was moved by Council Member Tettemer to approve staff recommendation and introduce for first reading an Ordinance entitled: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING CHAPTERS 8.02, 8.04, 8.06, 8.12, 8.14, 8.16, 8.18,
8.20, 8.22, 8.24, AND 8.26 OF TITLE 8 OF THE CITY OF LAKE FOREST MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 EDITION OF
THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS, AND DELETIONS; and directed staff to schedule a January 3, 2023, public hearing to adopt the Ordinance, including the provision of the appropriate public hearing notices. Council Member Tettemer's motion was seconded by Mayor Pequeño. The motion passed by a vote of 5/0.
CITY MANAGERS REPORT: City Manager Rose announced the new community gift card program is open and shared the name of the participating businesses.
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CITY COUNCIL COMMENTS:
Council Member Yu: Council Member Yu attended his final Traffic and Parking Commission meeting this month. Also,
Council Member Yu supports Council Member Voigts
request for a resolution condemning the violence
perpetrated by the government of Iran. Consensus
Council Member Tettemer: Council Member Tettemer attended the holiday Audit Committee meeting held in November and
attended the business appreciation luncheon.
Council Member Voigts: Council Member Voigts attended the Elf Yourself 5k, the business appreciation luncheon and the Lake
Forest Chamber Christmas mixer at 3d Place Coffee
Mayor Pro Tem Cirbo: Mayor Pro Tem Cirbo welcomed Council Member Yu.
Mayor Pro Tem Cirbo is looking forward to what's to
come in the new year.
Mayor Pequeño: Mayor Pequeño welcomed Council Member Yu to the City Council and congratulated Council Member
Tettemer and Voigts on their re-election. He attended
the City's Christmas Tree Lighting and complimented
staff on the organization of the event. He attended the business appreciation luncheon.
Also, he congratulated the Saddleback College
Women's Soccer team for winning the State
Championship. Lastly he thanked the City Manager
and staff.
ADJOURNMENT: The regular meeting of the City Council was adjourned at 8:10 p.m.
Respectfully submitted: APPROVED:
timberlind
LISA BERGLUND, MPA ROBERT PEQUEÑO
CITY CLERK MAYOR
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