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 20, 2022, at the Lake Forest City Council Chamber, 100 Civic Center Drive, Lake Forest, California, was called to order at 6:30 p.m.
ROLL CALL: Councilmembers: Mark Tettemer
Mayor Pro Tem
Mayor:
Assistant City Manager: Keith Neves
City Attorney: Matthew Richardson
City Clerk: Lisa Berglund
PUBLIC SESSION:
INVOCATION: The Invocation was provided by Chaplain John Siu of Orange County Sheriff's Station.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Mayor Pequeño.
PRESENTATIONS: (Item No. 1-4)
MOTION: It was moved by Council Member Voigts and seconded by Council Member Tettemer to approve presentation items 1-4. The motion passed by a vote of 5/0.
RECOGNITION OF THE 2022 LAKE FOREST ACADEMY GRADUATES
No public comment was offered on this item.
ACTION: The 2022 Lake Forest Academy graduates were recognized.
2. EMPLOYEE SERVICE AWARDS
No public comment was offered on this item.
ACTION: The 2022 Employee Service Awards were presented.
MAYORS AWARD
No public comment was offered on this item.
ACTION: The 2022 Mayor's Awards were presented.
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4. COMMUNITY GIFT CARD PROGRAM
City Manager Rose introduced this item and invited Assistant to the City Manager Sean McGovern to give a presentation on the city's community gift card program. The presentation was received by the Mayor and Council. Questions were asked and answered.
Public comment:
Public comment was received by Andrew O'Connor. Mr. O'Connor was critical of the low number of retail establishments participating in the program and the cost associated with implementing the program. He criticized Council Member Voigts and Clean Lake Forest for being members of the Lake Forest Chamber of Commerce. He mentioned that Avila's El Ranchito has two locations in Lake Forest, however neither are listed as participants. (There is no speaker card on file. Comments were received via remote participation.) ACTION: The presentation of the community gift card program was received and filed.
PUBLIC COMMENTS:
Public comment was received by Andrew O'Connor. Mr. O'Connor reported that the Orange County Board of Supervisors withdrew from the Orange County Power Authority. He stated had the City of Lake Forest joined the Orange County Power Authority the City would have lost our investment. He further criticized Council Member Tettemer for expressing his emotions after being sworn in for a new term during the December 6, 2022 City Council meeting. (There is no speaker card on file. Comments were received via remote participation.)
CONSENT CALENDAR: (Item Nos. 5 - 14)
Council Member Tettemer requested to pull Item No. 6
Council Member Yu requested to pull Item Nos. 6 and 11.
MOTION: It was moved by Council Member Tettemer and seconded by Council Member Voigts to approve Consent Calendar Item Nos. 5, 7-10 and 12-14. The motion was carried by a vote of 5/0.
MOTION TO WAIVE RESOLUTIONS OF RESOLUTIONS AND ORDINANCES ACTION: Said Ordinances and Resolutions which appeared on the public agenda were determined to have been read by title and further reading was waived.
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6. CONTINUING TO HOLD VIRTUAL MEETING PURSUANT TO AB 361 Council Member Tettemer requested a presentation from staff on the new legislation related to virtual meetings that is scheduled to commence in January 2023. City Attorney Richardson gave a presentation on AB 2449 that included a summary of the Brown Act. The presentation was received by the Mayor and Council. Council questions were asked and answered. Council Member Yu made a statement opposing the continuation of AB 361.
Council Comment on Item No. 6:
Council Member Yu read a statement into the record expressing his opposition to this item.
Public comment:
Public comment was received by Andrew O'Connor. He stated that AB 361 was abused by the previous Council Member and he opposes Council Members remote participation during City Council meetings. (There is no speaker card on file. Comments were received via remote participation.) ACTION: No motion was offered for this item. City Manager Rose asked the City Council to clarify if that was the intent of the City Council. The City Council affirmed. Since no renewed findings were made that a state of emergency exists, holding virtual meetings pursuant to AB 361 will no longer be in effect.
7. LOCAL APPOINTMENT LIST "MADDY ACT"
ACTION: The City of Lake Forest Local Appointments List was affirmed, as submitted
8. MONTHLY TREASURER'S REPORT - NOVEMBER 2022
ACTION: The Treasurer's Report was received and filed.
9. ADOPTION OF UPDATED PART-TIME EMPLOYEE CLASSIFICATION PLAN
AND COMPENSATION SCHEDULE
ACTION: A Resolution was adopted entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, ADOPTING A REVISED CLASSIFICATION PLAN AND COMPENSATION SCHEDULE.
10. AGREEMENT WITH EVERBRIDGE TO PROVIDE NIXLE 360 EMERGENCY
COMMUNICATIONS SERVICES
ACTION: A sole-source Master Service Agreement with Everbridge, Inc. was approved for Nixle 360 resident notification services. The City Manager was authorized to sign, and the City Clerk was authorized to attest, the Master LAKE FOREST CITY COUNCIL MINUTES DECEMBER 20, 2022
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Services Agreement substantially in the form presented and payment for such services was authorized for up to five years.
11. FIRST AMENDMENT TO THE AGREEMENT WITH INTERWEST
CONSULTING GROUP, INC. FOR BUILDING AND SAFETY SERVICES Council Comment on Item No. 11:
Council Member Yu inquired about the need for an increase in compensation to the existing contract. City Manager Rose explained that staff is requesting an amendment to the agreement with Interwest Consulting Group, Inc. because staff underestimated the number of permits that would be pulled within the term of the contract. Due to the extent of building that is occurring in the city additional funds need to be added to the agreement. City Manager Rose further clarified that this increase is not a general fund expenditure because the building permit fees are paid by the applicants.
Public comment:
Public comment was received by Andrew O'Connor. Mr. O'Connor opposes having an outside consult firm operating the City's building counter. (There is no speaker card on file. Comments were received via remote participation.) Further questions from the City Council were asked and answered.
MOTION: It was moved by Council Member Tettemer and seconded by Council Member Voigts to approve the First Amendment to the Interwest Consulting Group, Inc. Agreement for Building and Safety Services to increase total compensation by $2,240,000 for a total not-to-exceed amount of $5,840,000 and add a new billing rate for overtime building and safety services, which may be requested and funded by an applicant and authorized the Mayor to sign, and authorized the City Clerk to attest, the First Amendment substantially in the form presented. The motion passed by a vote of 5/0.
12. AWARD OF CONTRACT FOR CONTRACT ADMINISTRATION AND
CONSTRUCTION INSPECTION SERVICES - SENIOR CENTER PATIO
SHADE STRUCTURE
ACTION: A professional consultant services agreement was awarded to Transtech Engineers, Inc. with a compensation amount of $69,405 for contract administration and construction inspection services - Senior Center patio shade structure. The Mayor was authorized to sign, and the City Clerk was authorized to attest the agreement substantially in the form presented.
13. UPDATED RECORDS RETENTION SCHEDULE
ACTION: A resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF LAKE FOREST CITY COUNCIL MINUTES DECEMBER 20, 2022
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THE CITY OF LAKE FOREST, CALIFORNIA, ADOPTING AN UPDATING THE
CITY-WIDE RECORDS RETENTION SCHEDULE FOR THE RETENTION AND
DESTRUCTION OF RECORDS MAINTAINED BY THE CITY AND
RESCINDING RESOLUTION NO. 2016-20 was adopted.
14. CONSIDERATION OF CATALYTIC CONVERTER PROGRAM PARTICIPATION AGREEMENTS AND AN AGREEMENT WITH YIFTEE, INC.
ACTION: It was approved to authorize the City Manager to enter into the proposed Participation Agreements with various local businesses pursuant to the Catalytic Converter Painting & Etching Program and the Catalytic Converter Shield Program Guidelines. The City Manager was authorized to enter into subsequent Participation Agreements with future applicants of the Catalytic Converter Painting & Etching and Catalytic Converter Shield Programs pursuant to the guidelines of each program. It was approved to authorize the City Manager to enter into the proposed Agreement with Yiftee, Inc. to administer an up-front gift card rebate program as part of the Catalytic Converter Shield Program. The proposed changes to the Program Guidelines for the Catalytic Converter Painting & Etching Program and the Catalytic Converter Shield Program were approved.
PUBLIC HEARING: (Item Nos. 15)
15. AUTHORIZATION APPLICATION FOR PERMANENT LOCAL HOUSING
ALLOCATION PROGRAM GRANT AND APPROVAL OF THE PROPOSED
FIVE-YEAR PLAN
Mayor Pequeño opened the public hearing. City Manager Rose introduced this item and invited Senior Management Analyst Adrian Grijalva to give a presentation to the City Council. The presentation was received by the Mayor and Council. No questions were received and there were one public comment on this item.
Public comment:
Public comment was received by Andrew O'Connor. Mr. O'Connor opposes the cost associated with the program. (There is no speaker card on file.
Comments were received via remote participation.)
Mayor Pequeño closed the public hearing
MOTION: Council Member Voigts made a motion to adopt a Resolution entitled:
AUTHORIZING RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE FOREST, CALIFORNIA AUTHORIZING THE APPLICATION AND
ADOPTING THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA)
PLAN FOR THE PLHA PROGRAM and authorize the City Manager to execute the Permanent Local Housing Allocation Program Application, the Permanent Local Housing Allocation Program Standard Agreement, and any subsequent LAKE FOREST CITY COUNCIL MINUTES DECEMBER 20, 2022
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amendments or modifications related to the Program or grant. Mayor Pro Tem Cirbo seconded the motion. The motion passed by a vote of 5/0.
DISCUSSION: (Item Nos. 16 - 20)
16. GENERAL UPDATE OF POSSIBLE OPTIONS TO ADDRESS IMPACTS
FROM WAREHOUSING AND DISTRIBUTION FACILITY USES IN THE CITY Public comment:
Public comment was received by Andrew O'Connor. Mr. O'Connor opposes warehouses being built in the city. (There is no speaker card on file. Comments were received via remote participation.)
City Manager Rose introduced Community Development Director Gayle Ackerman to provide a presentation to the City Council. Director Gayle Ackerman provided a verbal report along with a power point presentation to the City Council.
MOTION: Mayor Pequeño made a motion to move staff recommendation.
Council Member Voigts seconded the motion.
City Council discussed ensued. City Council questions were asked and answered by the City Attorney and staff.
Council Member Yu requested an email received from Nicole Graves, related to this matter, be read into the record. City Manager Rose read the email. Council Member Yu requested to table this decision for 30 days. No response was heard from the City Council.
Council Member Tettemer asked for the motion to be restated.
City Manager Rose restated the motion: as direct staff to prepare a zoning ordinance amendment that defines the types of industrial uses that include a warehousing storage/distribution component and potentially identify locations where some types of warehousing/storage/distribution uses are not allowed. If the existing development applications currently on file with the city are within the City's existing zoning code then those applications should proceed however if those applications are not allowed under the City's current zoning code then the motion would be to not proceed with those applications.
SUBSTITUTE MOTION: Mayor Pro Tem Cirbo made a substitute motion to direct staff to prepare a zoning ordinance amendment that defines the types of industrial uses that include a warehousing storage/distribution component and potentially identify locations where some types of
warehousing/storage/distribution uses are not allowed, and not to apply any future zoning code amendments to the existing development applications currently on file with the City. Also, direct staff to complete a study of the city's LAKE FOREST CITY COUNCIL MINUTES DECEMBER 20, 2022
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industrial areas that analyses existing industrial stock identifies how market trends and new technology may shape future uses, determines the suitability of the existing circulation system to accommodate future uses as a new initiative in the upcoming city strategic plan. Council Member Voigts seconded the motion.
Council Member Tettemer clarified that the substitute motion is to allow the applicants to proceed independent of definition changes and possible study.
Mayor Pro Tem Cirbo confirmed.
The substitute motion passed by a vote of 4/1 with Mayor Pequeño dissenting.
17. PROFESSIONAL SERVICES AGREEMENT FOR INVESTMENT ADVISORY
AND MANAGEMENT SERVICES
Public comment:
Public comment was received by Andrew O'Connor. Mr. O'Connor continued his comments related to Item No. 16 opposing warehouses being built in the city. (There is no speaker card on file. Comments were received via remote participation.)
City Manager Rose introduced Assistant City Manager Keith Neves to provide a presentation to the City Council. Assistant City Manager Neves provided a verbal report along with a power point presentation to the City Council.
MOTION: Council Member Tettemer made a motion to award an Agreement for Professional Services to Chandler Asset Management for Investment Advisory and Management Services and to authorize the Mayor to sign, and authorize the City Clerk to attest, the award of contract to Chandler Asset Management, substantially in the form presented. Council Member Voigts seconded the motion. The motion passed by a vote of 5/0.
18. SELECTION OF MAYOR AND MAYOR PRO TEM FOR THE 2023 CALENDAR YEAR
City Manager Rose introduced this item and provided a brief summary. Mayor Pequeño made a motion to nominate Mayor Pro Tem Cirbo to serve as Mayor for the 2023 calendar year and he nominated Council Member Tettemer to serve as Mayor Pro Tem for the 2023 calendar year. The motion was seconded by Council Member Voigts. The motion passed by a vote of 5/0.
19. RECOGNITION FOR MAYOR PEQUENO FOR HIS SERVICE IN 2022 ACTION: Item Nos. 19 and 20 were taken concurrently for action by the City Council. City Manager Rose introduced these items and provided a brief summary. The presentation of the gavel was received by outgoing Mayor LAKE FOREST CITY COUNCIL MINUTES DECEMBER 20, 2022
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Pequeño and a short video was played summarizing his service as Mayor.
These two items were received and filed by the City Council.
Public comment was received by Andrew O'Connor. Mr. O'Connor criticized Mayor Pequeño on his performance as Mayor over the last year. Mr. O'Connor applauded Mayor Pequeño for voting no on the proposed zoning change related to Item No. 16. (There is no speaker card on file. Comments were received via remote participation.)
20. COMMENT BY OUTGOING MAYOR
MOTION: Outgoing comments were received by Mayor Pequeño.
CITY MANAGERS REPORT: City Manager Rose thanked Mayor Pequeño for his service and congratulated Mayor Pro Cirbo on being selected to serve as Mayor in 2023. City Manager Rose wished the City of Lake Forest a Happy 31st Birthday.
CITY COUNCIL COMMENTS:
Council Member Tettemer: Council Member Tettemer thanked Mayor Pequeño for his year of service and congratulated Mayor Pro Cirbo
on being selected to serve as Mayor in 2023.
Council Member Voigts: Council Member Voigts complimented Mayor Pequeño for his year serving as Mayor and congratulated Mayor
Pro Cirbo on being selected to serve as Mayor in
2023. He wished the residents of Lake Forest Happy
Holidays and a Happy New Year.
Council Member Yu: Council Member Yu complimented Mayor Pequeño for his year serving as Mayor. He congratulated Mayor
Pro Cirbo on being selected to serve as Mayor, and
Council Member Tettemer on being selected to serve
as Mayor Pro Tem in 2023. He wished the residents of
Lake Forest a Merry Christmas and a Happy New
Year.
Mayor Pro Tem Cirbo: Mayor Pro Tem Cirbo expressed his enthusiasm to serve as the City's Mayor in 2023. He wished
everyone a Merry Christmas.
Mayor Pequeño: Mayor Pequeño attended a ribbon cutting for Advantest and held a leadership breakfast honoring
the city volunteers. He met with the new pastor, Andy
Wood at Saddleback Church. He attended the CERT
holiday mixer and Wreaths Across America where
they place wreathes on the graves of veterans.
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Mayor Pequeño requested consensus for an item to
be brought back to the City Council for consideration
to be part of the funding of some of the wreaths.
Consensus was received.
Mayor Pequeño also attended the AfriGala in Lake
Forest. The organizer is an opera singer named Abi
Koya. She is hosting a Christmas Opera in Beverly
Hills on December 22, 2022. It is a fundraising event
to raise funds for the education of African women.
He also attended the 50th anniversary event for Boy
Scout Troop 628.
ADJOURNMENT: The regular meeting of the City Council was adjourned at 9:06 p.m.
Respectfully submitted: APPROVED:
imperea
LISA BERGLUND, MPA ROBERT PEQUEÑO
CITY CLERK MAYOR
LAKE FOREST CITY COUNCIL MINUTES DECEMBER 20, 2022
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