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, January 3, 2023, 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: Robert Pequeño
Scott Voigts
Benjamin Yu
Mayor Pro Tem ark Tetteme
Mayor: oug Cirb
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)(2)
NUMBER OF POTENTIAL CASES: 1
RECESS: City Council will recessed to Closed Session for the purpose of conducting regular City business.
RECONVENE: City Council will reconvened to continue regular City business ACTION: No action was reported.
PUBLIC SESSION:
INVOCATION: The Invocation was provided by Pastor Vanessa Burdick of Peace Center at Saddleback Church.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Mayor Cirbo.
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PRESENTATIONS: (Item No. 2-4)
MOTION: It was moved by Council Member Voigts and seconded by Council Member Tettemer to approve Item Nos. 2-4. The motion was carried by a vote of 5/0.
No public comments were offered on the presentations.
2. INSTALLATION OF MAYOR FOR 2023
City Manager Rose introduced this item and invited Pastor Lyle Castellaw from Terra Nova Church to approach the stage to swear in Mayor Cirbo.
ACTION: The oath of office was conducted.
3. COMMENTS BY INCOMING MAYOR
ACTION: Comments by Mayor Cirbo were received and filed.
4. INTRODUCTION OF ORANGE COUNTY FIRE AUTHORITY DIVISION CHIEF
BARYIC HUNTER
City Manager Rose introduced OCFA Division Chief Hunter to the City of Lake Forest.
ACTION: This item was received and filed.
Council Member Voigts requested that Item No. 12 be discussed before Public Comment.
Mayor Cirbo accommodated Council Member Voigts' request.
12. RESOLUTION DECLARING SUPPORT FOR IRANIAN-AMERICAN
COMMUNITY AND CONDEMNING THE VIOLENCE PERPETRATED BY THE
GOVERNMENT OF IRAN AGAINST THE IRANIAN PEOPLE
MOTION: Council Member Voigts made a motion to approve the resolution.
Public comments:
Hiva Kamanger strongly supports the passage of the City Council resolution.
Hengameh Abraham strongly supports the passage of the City Council resolution.
Niusha Shirazi strongly supports the passage of the City Council resolution.
Melissa Hashem strongly supports the passage of the City Council resolution.
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Bayaneh Nikpour strongly supports the passage of the City Council resolution.
Rosa Eta strongly supports the passage of the City Council resolution.
Nargues strongly supports the passage of the City Council resolution.
Tannez Razzaghi strongly supports the passage of the City Council resolution.
Mitra Mosallaie strongly supports the passage of the City Council resolution.
Daryoush Ghashghai strongly supports the passage of the City Council resolution.
Randy Johnson supports the passage of the City Council resolution and urged the City Council to initiate a resolution opposing illegal immigration and drug trafficking.
Farshid Sahrabi strongly supports the passage of the City Council resolution.
Neda Toombs strongly supports the passage of the City Council resolution.
Sudi Farolchria strongly supports the passage of the City Council resolution.
Farhad Mafie strongly supports the passage of the City Council resolution.
Bob Holtzclaw supports the passage of the City Council resolution.
Elizabeth Garizi strongly supports the passage of the City Council resolution.
Council Member Yu read a statement of support into the record.
MOTION: It was moved by Council Member Voigts and seconded by Council Member Yu to adopt of a Resolution entitled: RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, SUPPORTING ITS
IRANIAN-AMERICAN COMMUNITY AND CONDEMNING THE VIOLENCE
PERPETRATED BY THE GOVERNMENT OF IRAN AGAINST ITS PEOPLE.
The motion was carried by a vote of 5/0.
PUBLIC COMMENTS:
Sean Fletcher encouraged the City Council and members of the public to patronize the eatery, A Little Something Sweet. He also reported on illegal medical marijuana dispensaries in Lake Forest.
Bob Holtzclaw congratulated Mayor Cirbo on being appointed Mayor for 2023 and wished Council Member Yu luck for his term in office. Mr. Holtzclaw complimented Mayor Pro Tettemer on his service to the community. He thanked Council Member Voigts for bringing forwarded the resolution supporting the Iranian Americans. He urged the Council Member Voigts to recuse himself from votes where he has a conflict of interest.
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Randy Johnson questioned why medical marijuana dispensaries continue to open in Lake Forest. He also requested more information related to the case listed under closed session on the October 4, 2022, City Council meeting agenda.
CONSENT CALENDAR: (Item Nos. 5-9)
STATEMENT 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.
Mayor Pro Tem 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 I 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 Cirbo - There is a warrant 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 this warrant and will abstain from voting on that warrant.
MOTION: It was moved by Council Member Voigts and seconded by Council Member Tettemer to approve Consent Calendar Item Nos. 5-9. The motion was carried by a vote of 5/0 with Mayor Cirbo abstaining from the ACMS warrant included in Item No. 6.
5. MOTION TO WAIVE RESOLUTIONS OF RESOLUTIONS AND ORDINANCES RECOMMENDED ACTION: Said Ordinances and Resolutions which appeared on the public agenda were determined to have been read by title and further reading was waived.
6. CERTIFICATION OF WARRANT REGISTER
ACTION: The warrant register was approved in the amount of $4,880,078.26
7. 2023-2025 BUDGET TIMELINE
ACTION: The budget timeline was received and filed.
8. APPROVE AMENDMENT TO THE AGREEMENT WITH SADDLEBACK
VALLEY UNIFIED SCHOOL DISTRICT FOR THE KIDS FACTORY AFTER SCHOOL PROGRAM FOR FISCAL YEAR 2022-23
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ACTION: The Third Amendment to the Agreement with Saddleback Valley Unified School District ("SVUSD") to increase compensation for the Kids Factory After School Program for the Fiscal Year 2022-23 was approved.
The Mayor was authorized to sign, and the City Clerk to attest, the Third Amendment to the Agreement with Saddleback Valley Unified School District, substantially in the form presented. 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 was adopted.
9. THIRD AMENDMENT TO LEIGHTON & ASSOCIATES FOR ON-CALL GEOTECHNICAL SERVICES - TASK ORDER #5 PORTOLA OAKS
ENVIRONMENTAL REVIEW OF ORGANIC SOIL ISSUE
ACTION: A third Amendment to the contract for On-Call Geotechnical Services with Leighton & Associates, Inc. - Task Order #5 Portola Oaks Environmental Review of Organic Soil Issue. The Mayor was authorized to sign, and the City Clerk to attest, the Third Amendment substantially in the form presented.
PUBLIC HEARING: (Item Nos. 10 - 11)
10. PUBLIC HEARING AND SECOND READING OF AN ORDINANCE ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL
AMENDMENTS
Mayor Cirbo opened the public hearing. City Manager Rose introduced Senior Planner Ron Santos to provide a presentation to the City Council. Mr. Santos provided a verbal report to the City Council. No public testimony was offered.
Mayor Cirbo closed the public hearing.
MOTION: It was moved by Mayor Pro Tem Tettemer and seconded by Council Member Voigts to approve the second reading and adopt Ordinance No. 360 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 to find that adoption of Ordinance No. 360 is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The motion was carried by a vote of 5/0.
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11. THIRD REVISED "2021-2029 HOUSING ELEMENT" OF THE GENERAL PLAN Mayor Cirbo opened the public hearing. City Manager Rose introduced Assistant Director of Community Development Amy Stonich to provide a presentation to the Council. Assistant Director Stonich provided a verbal report to the City Council. No public testimony was offered. Mayor Cirbo closed the public hearing.
MOTION: It was moved by Mayor Pro Tem Tettemer and seconded by Council Member Pequeno to adopt a resolution entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, ADOPTING THE THIRD REVISED "2021-2029 HOUSING ELEMENT" OF THE GENERAL PLAN. The motion was carried by a vote of 5/0.
DISCUSSION: (Item Nos. 12 - 15)
13. CREATION OF "SAFE LAKE FOREST" PROGRAM
City Manager Rose introduced this item and turned the floor over to Council Member Yu. Council Member Yu's questions were asked and answered by staff. Council Member Yu urged his colleagues to vote yes on this item.
MOTION: It was moved by Council Member Yu and seconded by Council Member Voigts to create a Safe Lake Forest program. The motion was carried by a vote of 5/0.
14. ANNUAL REVIEW OF CITY COUNCIL POLICIES
Council Member Pequeno made a motion to add the City Manager, and/or her designee to the selection committee for the Mayor's Award policy. Council Member Voigts voiced his support.
Council Member Yu inquired about the possibility of eliminating compensation for city commissioners. City Manager Rose clarified that commissioner compensation is not codified in a City Council policy and offered to have staff bring the subject of commissioner compensation back to the City Council for discussion at a later date. Mayor Pro Tem Tettemer suggested that the information on commissioner compensation be included in a weekly update Public comment was received by Randy Johnson. Mr. Johnson criticized the City Council Members for not responding to his emails. He stated that Council Member Voigts should have been censured for violating his oath of office and ethics pledge.
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MOTION: It was moved by Council Member Voigts and seconded by Mayor Pro Tem Tettemer approve the City Council policies as amended by Council Member Pequeno. The motion was carried by a vote of 5/0.
15. CONSIDERATION OF APPOINTMENTS TO REGIONAL BOARDS
California Joint Powers Insurance Authority (CJPIA)
Council Member Yu volunteered to serve as the delegate for CJPIA.
Unanimously consensus was received by the City Council.
Foothill/Eastern Transportation Corridor Agency (TCA)
Council Member Pequeno and Council Member Voigts volunteered to serve as the delegate for TCA.
A voice vote was conducted and determined that Council Member Pequeno was not selected by a vote 4/1 with Mayor Cirbo, Mayor Pro Tem Tettemer and Council Member Voigts and Yu dissenting.
A voice vote was conducted and determined that Council Member Voigts was selected by voice vote 3/1/1 with Council Member Yu abstaining and Pequeno dissenting.
Mayor Pro Tem Tettemer made a motion to nominate Council Member Pequeno as the alternate. The motion was seconded by Council Member Yu.
The motion passed unanimously.
Upper Newport Bay Watershed Executive Committee
Council Member Voigts nominated himself to serve on this Committee.
Mayor Pro Tem Tettemer supported his nomination.
Unanimously consensus was received by the City Council.
Orange County Fire Authority
Council Member Voigts nominated Mayor Pro Tem Tettemer to serve on OCFA.
Mayor Pro Tem Tettemer accepted the nomination.
Unanimously consensus was received by the City Council.
Orange County Public Library Advisory Board
Council Member Yu nominated himself to serve as the delegate on this Committee. Council Member Pequeno nominated himself to serve as the alternate on this Committee. Unanimously consensus was received by the City Council.
South Orange County Watershed Management Area
Mayor Pro Tem Tettemer made a motion to nominate Council Member Pequeno as the delegate and Council Member Yu as the alternate. The motion LAKE FOREST CITY COUNCIL MINUTES JANUARY 3, 2023
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was seconded by Council Member Voigts. Unanimously consensus was received by the City Council.
City Council Audit Committee
Council Member Pequeno made a motion to nominate Mayor Cirbo for a two- year term and Mayor Pro Tem Tettemer to serve a one-year term on the Audit Committee. Unanimously consensus was received by the City Council.
CITY MANAGERS REPORT: City Manager Rose reminded the community that applications to serve on City commissions are due on January 11, 2023. More information about the application process is on the city's website.
CITY COUNCIL COMMENTS:
Council Member Pequeño: Council Member Pequeño purchased his BOGO card this week. Her congratulated Mayor Pro Tem Tettemer
on being appointed Mayor Pro Tem for 2023. Council
Member Pequeño thanked staff for all of their hard
work and reported on the success of Lake Forest
dump day.
Council Member Voigts: Council Member Voigts congratulated Mayor Cirbo on being appointed Mayor for 2023, and he wished the
residents of Lake Forest a Happy New Year.
Council Member Yu: Council Member Yu congratulated Mayor Cirbo on being appointed as Mayor in 2023. He reported that he
purchased his BOGO gift card. He further recognized
the efforts of staff to complete the City Housing
Element and expressed his disappointment that
Veterans are not mentioned throughout the document
nor are any additional languages mentioned other than
English and Spanish. He wished a Happy New Year
to all.
Mayor Pro Tem Tettemer: Mayor Pro Tem Tettemer congratulated Mayor Cirbo on completing his first meeting as Mayor and wished
everyone a prosperous 2023.
Mayor Cirbo: Mayor Cirbo encouraged the residents to participate in the City's BOGO community gift card program.
ADJOURNMENT: The regular meeting of the City Council was adjourned at 7:30 p.m.
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Respectfully submitted: APPROVED:
Dalalo
LISA BERGLUND, MPA DOUG CIRBO
CITY CLERK MAYOR
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