MINUTES OF A 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, February 21, 2023, at the Lake Forest City Council Chambers, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:30 p.m. with four members present and Mayor Cirbo absent.
ROLL CALL: Council Members: Robert Pequeño
Scott Voigts
Benjamin Yu
Mayor Pro Tem: Mark Tettemer
Mayor: Doug Cirbo (absent)
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
INITIATION OF 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: City Council reconvened to continue regular City business.
ACTION: City Attorney Richardson had no action to report.
PUBLIC COMMENT: Andrew O'Connor expressed his concerns with Best, Best & Krieger.
PUBLIC SESSION:
INVOCATION: The Invocation was provided by Deacon Dan Diesel, Santiago De Compostela Catholic Church.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Council Member Pequeño.
PRESENTATIONS: (Item Nos. 2 - 3)
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to approve Item No. 3. The motion carried by a vote of 4/0, with Mayor Cirbo absent.
2. PRESENTATION ON THE CITY OF HOPE CANCER CENTER PLANNED FOR
FIVE POINT GATEWAY IN IRVINE
The City of Hope requested to reschedule their presentation to a later date.
PRESENTATION ON THE STATUS OF NATURAL GAS PRICES
Southern California Edison Public Affairs Manager Juan Gonzalez provided a presentation. No public comments were offered. City Council questions were asked and answered.
ACTION: The presentation was received and filed.
PUBLIC COMMENTS:
Laura Redanz expressed her concerns on the renovation project at Vintage Park and expressed concerns with the progress of the project and safety issues.
Andrea Alexander expressed her concerns of the policy for use of City facilities.
Andrew O'Connor expressed his concerns with spending on various City services and programs.
Trevor Peters expressed his concerns on the renovation project at Vintage Park and expressed concerns with the progress of the project and safety issues.
Bob Holtzclaw expressed his concerns with the sewer line on the side of San Diego Creek.
CONSENT CALENDAR: (Item Nos. 4 - 9)
Council Member Yu pulled Item No. 6 for discussion.
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to approve Consent Calendar Item Nos. 4-5, and 7-9. The motion was carried by a vote of 4/0, with Mayor Cirbo absent.
4. MOTION TO WAIVE READING 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
5. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 7, 2023
February 21, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 2 of 7 ACTION: The minutes were approved as revised by the City Clerk.
7. FIFTH AMENDMENT TO AGREEMENT WITH RICK ENGINEERING
COMPANY FOR STREET AND TRAFFIC ON-CALL ENGINEERING
SERVICES - TASK ORDER #5 - INTERSECTION IMPROVEMENTS OF BAKE PARKWAY AT TRABUCO RD/IRVINE BLVD.
ACTION: The Fifth Amendment to the Professional Consultant Services Agreement for On-Call Street and Traffic Services with Rick Engineering Company for a term extension to provide construction support for Intersection Improvements of Bake Parkway at Trabuco Rd/Irvine Blvd was approved. The Mayor was authorized to sign, and the City Clerk to attest, the Fifth Amendment substantially in the form attached.
8. MONTHLY TREASURER'S REPORT - JANUARY 2023
ACTION: The monthly treasurer's report was received and filed.
9. NOTICE OF COMPLETION FOR ARBOR ACCESS RAMP (PW2019-17) ACTION: The City Council found that Elegant Construction, Inc. had completed construction of the Arbor Access Ramp (PW 2019-17), approved the Notice of Completion and authorized the Mayor to execute the document on behalf of the City, authorized the City Clerk to submit Notice of Completion for recordation to the Office of the County Recorder of Orange County within fifteen days of the City Council approval, as required by Section 9204 of the California Civil Code, and authorized staff to release any unencumbered retention in accordance with California law.
ITEMS PULLED FOR DISCUSSION: (Item No. 6)
6. AMENDMENT TO AGREEMENT WITH TAIT & ASSOCIATES, INC. FOR
STREET AND TRAFFIC ON-CALL ENGINEERING SERVICES - TASK ORDER #10 WIDENING/REALIGNMENT OF JERONIMO ROAD AT EL TORO ROAD Council Member Yu inquired as to whether he could vote on this item, as he voted on it while a Commission Member on the Traffic and Parking Commission.
City Manager Rose confirmed that he could vote on this item again.
MOTION: It was moved by Council Member Yu, seconded by Council Member Voigts, to approve the Third Amendment to the contract for On-Call Street and Traffic Services with Tait & Associates, Inc. - Task Order #10 Widening/Realignment of Jeronimo Road at El Toro Road, authorize the Mayor February 21, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 3 of 7 to sign, and the City Clerk to attest, the Third Amendment substantially in the form attached. The motion was carried by a vote of 4/0, with Mayor Cirbo absent.
DISCUSSION/ACTION ITEMS: (Item Nos. 10 - 13)
10. COMMISSION APPOINTMENTS TO CITY COMMISSIONS
City Manager Rose introduced this item and invited City Clerk Berglund to provide a presentation. City Clerk Berglund summarized the item. No public comment was offered. City Council questions were asked and answered.
Council Member Yu nominated Loretta Herrin to the Community Services Commission. Council Member Pequeño ratified Council Member Yu's appointment.
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to instruct the City Clerk to reopen the recruitment for applications and include the current applications in the applicant pool to fill the vacancy on the Traffic and Parking Commission. The motion was carried by a vote of 4/0, with Mayor Cirbo absent.
11. CONSIDERATION OF INCREASED FUNDING FOR THE CITY'S SHOP & DINE COMMUNITY GIFT CARD PROGRAM WITH YIFTEE, INC.
City Manager Rose introduced this item and invited Assistant to the City Manager McGovern and Senior Advisor at HdL Companies Ken Duran to provide a presentation. Andrew O'Connor provided public comment on his concerns with the Catalytic Converter Program. City Council questions were asked and answered.
MOTION: It was moved by Council Member Pequeño, seconded by Council Member Voigts, to authorize the City Manager to enter into the attached BOGO Campaign Quickstart Agreement with Yiftee, Inc. and solely include the $25, $50, and $100 gift card options in the Shop & Dine Community Gift Card Program and adopt 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. Council Member Voigts seconded the motion and suggested the city only have one round.
SUBSTITUTE MOTION: It was moved by Council Member Yu, seconded by Council Member Voigts, to authorize the City Manager to enter into the attached BOGO Campaign Quickstart Agreement with Yiftee, Inc. and solely include $50 and $100 gift card options in the Shop & Dine Community Gift Card Program, authorize staff to work with the Consultant and Yiftee to get the best of the February 21, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 4 of 7 relationship for the benefit of the program and gift card purchasers, and adopt 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. The substitute motion was carried by a vote of 4/0, with Mayor Cirbo absent.
12. SALE OF PROPERTY TO THE IRVINE RANCH WATER DISTRICT
STATEMENT READ INTO THE RECORD
Mayor Pro Tem Tettemer - I am an employee of Irvine Ranch Water District and although I am permitted to vote on this item, I have chosen not to vote to ensure that there is no appearance of bias on my part. Because IRWD is a public agency, and because / do not work for the department involved in this item, under the California Government Code I have a non-interest in this item and am permitted to vote. However, in keeping with my past practice related to approvals associated with the Serrano Summit development involving the exercise of significant discretion by the City Council, I am choosing not to participate on this item.
Mayor Pro Tem Tettemer recused himself from this item and exited the City Council Chambers. Council Member Pequeño presided over this item. City Manager Rose introduced the item and invited Assistant City Manager Neves to provide a presentation. No public comment was offered. City Council questions were asked and answered.
MOTION: It was moved by Council Member Voigts, seconded by Council Member Pequeño, to adopt a Resolution Entitled: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, APPROVING THE SALE OF SERRANO SUMMIT PASSIVE PARK (APN 610-691-41) TO
IRVINE RANCH WATER DISTRICT AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A PURCHASE AND SALE AGREEMENT ON BEHALF OF THE CITY, adopt a Resolution Entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2021-2023 OPERATING BUDGET; AMENDING REVENUE ESTIMATES FOR FISCAL YEAR 2022-23, and find that the foregoing actions are exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines (Cal. Code. Regs. Title 14) Section 15312, which Tettemer recusing himself, and Mayor Cirbo absent.
Mayor Pro Tem Tettemer returned to the City Council Chambers to chair the remainder of the meeting.
February 21, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 5 of 7
13. 2023 LEGISLATIVE PLATFORMCity Manager Rose introduced the item and invited Assistant to the City Manager McGovern to provide a presentation. No public comment was offered. City Council questions were asked and answered.
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to adopt the proposed 2023 Legislative Platform. The motion was carried by a vote of 4/0, with Mayor Cirbo absent.
MOTION: It was moved by Council Member Yu, seconded by Council Member Voigts, to add language opposing legislation promoting affirmative action.
Discussion ensued amongst Council Members. It was the consensus of the Council to continue this item to a future meeting and have the City Attorney draft language that reflects the City's position on affirmative action.
Discussion ensued amongst Council Members regarding Council Member oigts recommendation to add language supporting the development esalination. It was the consensus of the Council to continue this item to a futur meeting and have the City Attorney draft language that reflects the City's position on desalination.
CITY MANAGER'S REPORT: City Manager Rose had nothing further to report.
CITY COUNCIL COMMENTS:
Council Member Pequeño: Council Member Pequeño thanked staff for all their hard work and congratulated Loretta Herrin on being
appointed to the Community Services Commission.
Council Member Voigts: Council Member Voigts thanked staff for all their hard work on the Shop & Dine program and expressed how
much he appreciated the benefits of the program.
Council Member Yu: Council Member Yu thanked staff for all their hard work on the Shop & Dine program. He reported on his
attendance on tours of various region facilities and the Emergency Preparedness event hosted by ACC-OC.
Mayor Pro Tem Tettemer: Mayor Pro Tem Tettemer thanked staff for their efforts. He requested consensus to establish an Ad
Hoc Council Committee to discuss Resolutions and
City Council correspondence. Consensus was
provided by Council Member Pequeño.
February 21, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 6 of 7 ADJOURNMENT: The regular meeting of the City Council was adjourned at 8:24 p.m.
Respectfully submitted: APPROVED:
linaßercend
LISA BERGLUND, MPA MARK TETTEMER
CITY CLERK MAYOR PRO TEM
February 21, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 7 of 7