AGENDA
LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, March 21, 2023
Closed Session 5:30 p.m.
Public Session 6:30 p.m.
City Council Chambers, 100 Civic Center Drive, Lake Forest, California NOTICE: Pursuant to Lake Forest Municipal Code Section 2.04.010, Regular Meetings of the City Council are held the First and Third Tuesday of each month at the hour of 5:30 p.m. for Closed Session matters, if required.
The Public Session of the meeting shall commence at 6:30 p.m. or as soon thereafter as possible. Special Meeting times may be held at a different time and date as listed on the Agenda.
AGENDA DOCUMENT REVIEW: The Agenda and staff reports are available on the Internet at https://www.lakeforestca.gov/en/government/meeting-agendas-and-minutes/meeting-agendas and at the City Clerk’s Office, 100 Civic Center Drive, Lake Forest, California, on the Friday before the meeting on Tuesday.
AGENDA DESCRIPTION: The Agenda descriptions are intended to give notice to members of the public of a general summary of items of business to be transacted or discussed. The listed Recommended Action represents staff’s recommendation. The City Council may take any action which it deems to be appropriate on the agenda item and is not limited in any way by the recommended action.
AGENDA ON SOCIAL MEDIA: This meeting will be streamed through Facebook Live. Comments will not be taken via Facebook Live. The City provides the Facebook Live stream as an additional service to the public.
However, the City cannot guarantee that its network and/or the site will be uninterrupted. The City is not responsible for any interrupted service.
SPECIAL NOTICE REGARDING PUBLIC ACCESS TO THE MEETING AND PUBLIC COMMENT:
PUBLIC PARTICIPATION: In addition to attending in person, members of the public may access the meeting live on our website at https://www.lakeforestca.gov/en/government/meeting-agendas-and-minutes/meeting-agendas.
PUBLIC COMMENT PRIOR TO THE MEETING: Members of the public may submit email comments to [email protected]. Email comments will be uploaded to the agenda packet and made part of the official public record of the meeting and will not be read at the meeting. To ensure staff reviews all comments prior to the City Council meeting, please submit email comments no later than 5:00 p.m. the day of the meeting.
PUBLIC COMMENT: Members of the public may provide comments in-person at the meeting. Public comments will no longer be accepted remotely. Those wishing to provide comments in-person at the meeting will be asked to submit a request to speak to the City Clerk.
March 21, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 1 Council Members:
Mayor Pro Tem:
Mayor:
City Manager:
City Attorney:
City Clerk:
Robert Pequeño
Scott Voigts
Benjamin Yu
Mark Tettemer
Doug Cirbo
Debra Rose
Matthew E. Richardson
Lisa Berglund
CLOSED SESSION PUBLIC COMMENT:
CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session. At this time, members of the public may address the City Council regarding any items listed on the Closed Session agenda. No action may be taken on items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per item. Any person wishing to address the City Council on a Closed Session matter is requested to complete a "Request to Speak" form available at agenda public review table near the entrance. The completed form is to be submitted to the City Clerk prior to an individual being heard by the City Council. Whenever possible, lengthy testimony should be presented to the City Council in writing (8 copies) and only pertinent points presented orally.
CLOSED SESSION (Item Nos. 1 – 2)
CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session.
1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(D)(4)
NUMBER OF POTENTIAL CASES: 1
RECOMMENDED ACTION: Conduct closed session
2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(D)(2) NUMBER
OF POTENTIAL CASES: 1
March 21, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 2 CALL TO ORDER: 5:30 p.m.
RECOMMENDED ACTION: Conduct closed session.
RECESS: City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE: City Council will reconvene to continue regular City business.
PUBLIC SESSION: 6:30 p.m.
PUBLIC SESSION: At this time, the City Council will convene to consider public matters. Those wishing to address the City Council must submit a completed “Request to Speak” form to the City Clerk prior to City Council action.
INVOCATION: The Invocation will be provided by Peace Center Pastor Vanessa Burdick, Saddleback Church.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Council Member Voigts.
CLOSED SESSION REPORT: City Attorney will report on Closed Session.
PRESENTATIONS (Item Nos. 3 – 5)
3. RECOGNITION OF ORANGE COUNTY SHERIFF DEPARTMENT
CAPTAIN CHAD TAYLOR
RECOMMENDED ACTION: Present the recognition.
4. RECOGNITION OF ORANGE COUNTY MOSQUITO AND VECTOR
CONTROL DISTRICT REPRESENTATIVE VLADIMIR ANDERSON
RECOMMENDED ACTION: Present the recognition.
5. RECOGNITION OF 2022 COMMISSION CHAIRS
March 21, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 3 RECOMMENDED ACTION: Present the recognitions.
PUBLIC COMMENTS
Members of the public can submit an e-comment to [email protected]. E-comments will not be read at the meeting.
Members of the public may also provide comments in-person at the meeting or remotely. Those wishing to provide comments in- person at the meeting will be asked to submit a request to speak to the City Clerk.
CONSENT CALENDAR (Item Nos. 6 – 16)
All matters listed under the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request specific items be removed from the Consent Calendar for separate action.
6. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES RECOMMENDED ACTION: Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
7. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 7, 2023
RECOMMENDED ACTION: Approve as submitted.
8. MONTHLY TREASURER'S REPORT - FEBRUARY 2023
RECOMMENDED ACTION: Receive and file.
9. SECOND READING AND ADOPTION OF ORDINANCE NO. 361
AMENDING SECTIONS 9.04.030 AND 9.146.050 OF THE LAKE FOREST
MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS TO COMPLY WITH SB 897
RECOMMENDED ACTION: Conduct second reading and adopt Ordinance No. 361 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA AMENDING SECTIONS 9.04.030 AND
9.146.050 OF THE LAKE FOREST MUNICIPAL CODE GOVERNING
March 21, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 4
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS AND FINDING THE ACTION TO BE EXEMPT FROM CEQA
10. SUBMITTAL OF 2022 ANNUAL HOUSING ELEMENT PROGRESS
REPORT TO STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
RECOMMENDED ACTION: Authorize staff to submit the 2022 Annual Housing Element Progress Report to the State Department of Housing and Community Development and the Governor's Office of Planning and Research.
11. 2022 GENERAL PLAN ANNUAL PROGRESS REPORT
RECOMMENDED ACTION: Authorize staff to submit the 2022 General Plan Annual Progress Report to the Governor's Office of Planning and Research and the State’s Housing and Community Development Department.
12. APPROVE THE AGREEMENT WITH THE SADDLEBACK VALLEY
UNIFIED SCHOOL DISTRICT TO PROVIDE THE KIDS’ FACTORY AFTER
SCHOOL PROGRAM
RECOMMENDED ACTION: 1. Approve the Professional Consultant Services Agreement with Saddleback Valley Unified School District to provide the Kids’ Factory After School Program. 2. Authorize the Mayor to sign, and the City Clerk to attest to the agreement with the Saddleback Valley Unified School District, substantially in the form attached.
13. AWARD CONSTRUCTION CONTRACT ARBOR SEWER LATERAL (PW 2019-17)
RECOMMENDED ACTION: 1. Approve Contract Documents for Arbor Sewer Lateral Project (PW 2019-17). 2. Award a Contract in the amount of $206,750 to Elegant Construction, Inc. 3. Reject all other bids received and authorize return of the bid bonds upon receipt of the executed contract March 21, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 5 documents from Elegant Construction, Inc. 4. Authorize the Mayor to sign, and the City Clerk to attest the Contract with Elegant Construction, Inc. 5.
Authorize the City Manager to approve contract change orders up to a maximum of ten percent of the contract amount. 6. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2021-2028 CAPITAL
IMPROVEMENT PLAN; AMENDING APPROPRIATIONS FOR FISCAL
YEAR 2022-23
14. APPROVAL OF GRANT OF EASEMENTS WITH THE IRVINE RANCH
WATER DISTRICT
RECOMMENDED ACTION: 1. Approve two Grant of Easements with the Irvine Ranch Water District, one for the water line adjacent to Civic Center Drive, and the second for a water line running through the Civic Center Campus. 2. Authorize the Mayor to sign Grant of Easement Documents.
15. CONSIDER OPTING INTO SETTLEMENT AGREEMENTS WITH THE
FOLLOWING DEFENDANTS WHO HAVE ENTERED INTO NATIONAL
OPIOID SETTLEMENTS: TEVA; ALLERGAN; WALMART; WALGREENS;
AND CVS
RECOMMENDED ACTION: 1. Opt into settlement agreement with three pharmacy chains – CVS, Walgreens, and Walmart and direct the City Manager to execute any documents necessary to implement the action and, when possible, allocate the City’s designated share of settlement funds to the County of Orange. 2. Opt into settlement agreement with two opioid manufacturers – Allergan and Teva, and direct the City Manager to execute any documents necessary to implement the action and, when possible, allocate the City’s designated share of settlement funds to the County of Orange.
16. THIRD AMENDMENT TO THE AGREEMENT WITH FLOCK GROUP, INC.
RECOMMENDED ACTION: 1. Approve the Additional Services Agreement with Flock Group, Inc. for automatic license plate reader cameras. 2.
Authorize the City Manager to sign, and the City Clerk to attest, the Additional Services Agreement, substantially in the form attached.
March 21, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 6 DISCUSSION/ACTION ITEMS (Item Nos. 17 – 19)
The following matters are for City Council consideration/discussion/action. Members of the public may have the opportunity to address these items if they wish to do so. Please complete the Request to Speak form and give to the City Clerk.
17. INTERSECTION IMPROVEMENT PROJECTS - PROGRAM UPDATE
RECOMMENDED ACTION: Receive and file a presentation from staff summarizing the progress made on various traffic improvement projects.
18. AD-HOC COMMITTEE TO DISCUSS RESOLUTIONS AND CITY
COUNCIL CORRESPONDENCE
RECOMMENDED ACTION: Exercise discretion regarding forming an Ad- hoc Committee to discuss policies and practices related to Resolutions and City Council correspondence.
19. SELECTION OF DELEGATE AND ALTERNATE FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS ("SCAG") REGIONAL
CONFERENCE AND GENERAL ASSEMBLY MEETING
RECOMMENDED ACTION: Appoint a delegate and alternate to the Annual SCAG Regional Conference and General Assembly meeting.
CITY MANAGER'S REPORT
At this time, the City Manager may comment on agenda and non-agenda items; and report on items of interest to the City Council and community.
CITY COUNCIL COMMENTS
At this time, City Council Members may comment on agenda or non-agenda matters. No discussion may take place on any item not appearing on the posted agenda. Council Members may ask a question for clarification, respond to statements made or questions posed by the public, make a brief announcement, or make a brief report on his or her own activities. In addition, the City Council may refer to staff or other resources for factual information, request staff to report back at a subsequent meeting or direct staff to place a matter of business on a future agenda. No action may be taken on non-agenda matters unless authorized by law (Government Code Section 54954.2).
March 21, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 7 Council Member Voigts:
Council Member Yu:
Mayor Pro Tem Tettemer:
Mayor Cirbo:
ADJOURNMENT
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this Meeting, including auxiliary aids or services, you should contact the Office of the City Clerk at (949) 461-3400.
Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and agenda back-up materials can be obtained from the Office of the City Clerk on the Friday prior to the City Council meeting. Copies of all Agendas, Staff Reports and Supporting Materials can also be found on the City’s website – https://www.lakeforestca.gov/129/Agendas.
Agenda and agenda packets, if requested, will be made available in an appropriate alternative format to persons with a disability as required by the Americans With Disabilities Act. Copies of the agenda are provided at no cost and agenda back-up materials are available at the per page copy cost.
The City of Lake Forest mailing address is City Council Chambers, 100 Civic Center Drive, Lake Forest, California.
Phone: (949) 461-3400. FAX (949) 461-3511
CERTIFICATION: I, Lisa Berglund, City Clerk of the City of Lake Forest, California, hereby certify that the foregoing agenda was posted for public review at City Hall on March 16, 2023.
Lisa Berglund
City Clerk
March 21, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 8 Council Member Pequeño: