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 and the Special Meeting of the Lake Forest Housing Authority was held Tuesday, April 4, 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 all members present.
ROLL CALL: Council Members: Robert Pequeño
Scott Voigts
Benjamin Yu
Mayor Pro Tem: Mark Tettemer
Mayor: Doug Cirbo
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund
CLOSED SESSION
City Attorney Richardson announced that there was an urgency item being added for discussion in closed session.
Proposed Item to be added:
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code section 54956.9(d) (4) Number of potential cases: 1
MOTION: It was moved by Mayor Pro Tem Tettemer, seconded by Council Member Pequeño, to add a third item of initiating litigation to the Closed Session. The motion was carried by a vote of 5/0 to add the additional matter to the closed session discussion.
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(2)
NUMBER OF POTENTIAL CASES: 1
ACTION: Closed session was conducted.
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 Dr. Loujan Matin, Baha'i Community of Lake Forest.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Scout Chancellor Hyde, Boys Scouts of America, Troop 1251.
REPORT FROM STUDENT LIAISON: Sam Quiambao, Student Liaison from El Toro High School, delivered his report.
PRESENTATIONS: (Item Nos. 3 - 4)
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to approve Item Nos. 3 - 4. The motion was carried by a vote of 5/0.
3. SHERIFF'S TEAM OF ACTIVE RETIRED SENIORS
City Manager Rose introduced this item and invited Senior Management Analyst Sharlyn de la Paz to provide a presentation. Certificates of recognition were resented to the Sheriff's Team of Active Retired Seniors (STARS) Public Comment: Andrew O'Connor thanked the STARS for their work and requested information on which schools were part of the patrol route.
ACTION: Certificates of recognition were presented to the Sheriff's Team of Active Retired Seniors.
INTRODUCTION OF CHIEF OF LAKE FOREST POLICE SERVICES OCSD
CAPTAIN CHRISTINE BERRYMAN
City Manager Rose introduced this item and provided a presentation. Captain Berryman provided brief remarks expressing her gratitude in being selected as April 4, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 8 the new Chief of Police Services.
Public Comment: Andrew O'Connor congratulated Captain Berryman on her appointment and expressed his concerns with the number of Sheriff Deputies on staff
ACTION: The presentation was received.
PUBLIC COMMENTS:
Ana Tucci spoke on her concerns with public school safety and on the work of the arents Against School Shootings (PASS) organization. She requested the City Counci onsider putting a School Resource Officer (SRO) at every K-12 campus within Lak Forest.
Yev Koch spoke on her concerns with public school safety and on the work of the Parents Against School Shootings (PASS) organization. She requested the City Council consider putting a School Resource Officer (SRO) at every K-12 campus within Lake Forest.
Margie Matsil spoke on the successes of the "Meet the Mayor" event hosted by the Lake Forest Chamber of Commerce.
Andrew O'Connor expressed his concerns with various City practices and spending on various City services and programs.
CONSENT CALENDAR: (Item Nos. 5 - 11)
Public Comment: Andrew O'Connor offered public comment on Item No. 7 and expressed his concerns with payments made to various City vendors and reimbursement to staff.
Andrew O'Connor also offered public comment on Item No. 11 and expressed his concerns with the City's decision to start a construction project at the El Toro and Portola Parkway intersection.
STATEMENT READ INTO THE RECORD
Mayor Pro Tem Tettemer - There is a warrant on the register to the Irvine Ranch Water District. Additionally, Item 9 on the Consent Calendar involves an agreement to which Irvine Ranch Water District is a party. I am an employee of the Irvine Ranch Water District, but / do not work for the department that generated this warrant or that is involved the agreement that is the subject of Item 9. Because the Irvine Ranch Water District is a public agency and because / do not work for the department in question, / have determined that I have a non-interest in these items and will vote on the warrant and on Item 9.
April 4, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 8 Council Member Voigts - There are warrants on the register to the County of Orange.
Additionally, Item 9 on the Consent Calendar involves an agreement to which County of Orange is a party. I am an employee of the County of Orange, but I do not work for the department that generated these warrants or that is involved the agreement that is the subject of Item 9. 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 items and will vote on the warrant and on Item 9.
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 Yu to approve Consent Calendar Item Nos. 5-11. The motion was carried by a vote of 5/0 with Mayor Cirbo abstaining from the ACMS warrant included in Item No. 7.
5. 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.
6. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 21, 2023
ACTION: The minutes were approved as submitted.
7. CERTIFICATION OF WARRANT REGISTER
ACTION: The warrant register was approved in the amount of $6,350,219.21.
8. SECOND AMENDMENT TO THE AGREEMENT WITH CROWN FACILITY
SOLUTIONS TO PROVIDE CUSTODIAL MAINTENANCE SERVICES AT THE
LAKE FOREST SPORTS PARK
ACTION: The Second Amendment to the Agreement for Maintenance Services with Crown Facility Solutions to provide custodial maintenance services at the Lake Forest Sports Park was approved. The Mayor was authorized to sign, and the City Clerk to attest, the Second Amendment to the Agreement with Crown Facility Solutions, substantially in the form attached.
9. COOPERATIVE AGREEMENT TO FUND TOTAL MAXIMUM DAILY LOAD
PROGRAMS AND RELATED ACTIVITIES IN THE NEWPORT BAY
WATERSHED, AGREEMENT NO. MA-08-23010376
ACTION: The Cooperative Agreement to Fund Total Maximum Daily Load April 4, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 8 Programs and Related Activities in the Newport Bay Watershed was approved, substantially in the form attached. The Mayor was authorized to sign and the City Clerk to attest to the Agreement.
10. NOTICE OF COMPLETION FOR THE SAFE STEP IMPROVEMENT PROJECT PW 2021-02
ACTION: All Cities Engineering, Inc. was found to have completed construction of the Sate Step Improvement Project (PW 2021-02). The Notice of Completion was approved and the Mayor was authorized to execute the document on behalf of the City. The City Clerk was authorized to submit the Notice of Completion for recordation to the Office of the County Recorder of Orange County within fifteen days of City Council approval, as required by Section 9204 of the California Civil Code. Staff was authorized to release any unencumbered retention in accordance with California law.
11. CHANGE ORDER #1 FOR EL TORO ROAD & PORTOLA PARKWAY/SANTA MARGARITA INTERSECTION IMPROVEMENTS (PW2019-03)
ACTION: Change Order #1 to the Agreement with MMG Engineering, Inc. for the El Toro Road & Portola Parkway/Santa Margarita Parkway Intersection Improvements (PW2019-03) was approved, and the City Manager was authorized to execute the document in an amount not-to-exceed $500,000.00. 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 was adopted.
DISCUSSION/ACTION ITEMS: (Item Nos. 12 - 16)
12. TRAFFIC AND PARKING COMMISSIONER APPOINTMENT BY COUNCIL
MEMBER VOIGTS
City Manager Rose introduced this item and provided a presentation. Andrew O'Connor offered public comment and expressed his opposition to Council Member Voigts making an appointment. He also expressed his concerns with the red all the cao thates for apes again pointed MailMan to erve one the Traffic and Parking Commission. Council Member Yu seconded Council Member Voigts' appointment.
13. RECOMMENDED DEVELOPMENT PARTNER FOR AFFORDABLE HOUSING
ACQUISITION, AND CONVERSION OR REHABILITATION PROJECTS
Item No. 13 is a companion item to the Housing Authority Special Meeting Item No. 3.
April 4, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 5 of 8 City Manager Rose introduced this item and invited Assistant City Manager Neves to provide a presentation. Madelynn Hirniese, Chief Executive Officer of Families Forward, provided public comment and expressed the need for affordable housing for Lake Forest residents. Andrew O'Connor provided public comment and expressed his concerns with the bidding process for this item.
Council Member questions were asked and answered.
MOTION: It was moved by Council Member Pequeño, seconded by Council Member Yu, to direct staff to negotiate an Exclusive Negotiation Agreement with Families Forward and authorize the City Manager to sign, and the City Clerk to attest the Exclusive Negotiation Agreement and any other relevant documents to progress the project. The motion was carried by a vote of 5/0.
14. SUMMARY RELINQUISHMENT OF VARIOUS PUBLIC SERVICE LANDSCAPE
EASEMENTS
City Manager Rose introduced this item and invited Senior Management Analyst Poole to provide a presentation. No public comment was offered. Council Member questions were asked and answered.
MOTION: It was moved by Council Member Voigts and seconded by Council Member Yu to adopt a Resolution entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA SUMMARILY
VACATING SIX PUBLIC SERVICE EASEMENTS PURSUANT TO CALIFORNIA STREETS & HIGHWAYS CODE SECTIONS 8330, ET SEQ. The motion was carried by a vote of 5/0.
15. LEGISLATIVE PLATFORM
City Manager Rose introduced this item and invited Assistant to the City Manager McGovern to provide a presentation. No public comment was offered.
Council Member questions were asked and answered.
MOTION: It was moved by Mayor Pro Tem Tettemer, seconded by Council Member Voigts, to add Proposed Policy Guideline No. 24, The City supports legislation that advances the practice or policy of favoring individuals in hiring and similar contexts based solely on their abilities and personal merits, including education, skills, experience, and other similar factors to the City 2023 Legislative Platform. The motion was carried by a vote of 4/1, with Mayor Cirbo dissenting.
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to add the following amended language to the City 2023 Legislative Platform, "The City supports legislation that invests in, provides for the research of, and promotes the development of new water storage and new water April 4, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 6 of 8 supplies"
The motion was carried by a vote of 4/1, with Council Member Pequeño dissenting.
16. LEGISLATIVE AND REGULATORY MATTERS
City Manager Rose introduced this item and invited Assistant to the City Manager McGovern to provide a presentation. No public comment was offered.
Council Member questions were asked and answered.
MOTION: It was moved by Council Member Voigts, seconded by Council Member Pequeno to receive a report from staff summarizing the status of various legislation with the potential to impact the City of Lake Forest and adopt ne policy positions recommended by staff on various legislation with the otential to impact the City of Lake Forest. The motion was carried by a vote o CITY MANAGER'S REPORT: City Manager Rose had nothing further to report.
CITY COUNCIL COMMENTS:
Council Member Pequeño: Council Member Pequeño reported on his attendance at the Bunny Blast event and commended City
Manager Rose for appointing Captain Berryman as
Chief of Police Services.
Council Member Yu: Council Member Yu congratulated Captain Berryman on being appointed Chief of Police Services. He
invited everyone to a mental health awareness event
hosted by the Asian American Senior Services Center
scheduled for April 14, 3:00 p.m. at the Community
Center. He thanked everyone for their prayers
regarding his stepfather's terminal illness.
Council Member Voigts: Council Member Voigts reported on his attendance at the Bunny Blast event and thanked staff for putting
together a great event. He requested to have the
meeting adjourned in the memory of Noah Christian
Aguilar. Mayor Cirbo agreed to do so.
Mayor Pro Tem Tettemer: Mayor Pro Tem Tettemer reported on his attendance at the Bunny Blast event and attended the Serrano
Intermediate School open house.
Mayor Cirbo: Mayor Cirbo reported on his attendance at a ribbon cutting ceremony for The Inspired Boutique and how
April 4, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 7 of 8 inspiring the owner's story was. He also reported on
nis attendance at the Bunny Blast event. He thanke
staff and the leaders of the Lake Forest Chamber of
Commerce for their efforts in the planning of the Meet
the Mayor event. He closed his remarks by wishing
everyone a Happy Easter weekend.
ADJOURNMENT: The Regular Meeting of the City Council and the Special Meeting of the Housing Authority were adjourned in memory of Noah Christian Aguilar at 8:34 p.m.
Respectfully submitted: APPROVED:
a Cute
LISA BERGLUN® DOUG CIRBO
CITY CLERK MAYOR
April 4. 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 8 of 8