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 Boy Scout Troop # 628.
REPORT FROM STUDENT LIAISON: Aarav Rajpara, Student Liaison from El Toro High School, delivered his report.
PRESENTATIONS: ( Item No. 3)
MOTION: It was moved by Mayor Pro Tem Voigts, seconded by Council Member Yu, to approve Presentation Item No. 3. The motion was carried by a vote of 5/0.
3. PRESENTATION RELATED TO RECENT E - BIKE ENFORCEMENT ACTIONS City Manager Rose introduced this item and invited Chief of Police Services Captain Berryman to provide a presentation. No public comment was offered.
ACTION: A report from the Orange County Sheriffs Department regarding recent e - bike - related enforcement actions was received and filed.
CITY COUNCIL COMMENTS:
Mayor
Tettemer:
Mayor Tettemer read the following statement into the record:
I'd like to make a statement regarding the recent activities involving Council Member Benjamin Yu. I am not speaking for the entire Council, but as the Mayor.
Let me start by. saying that I don't condone any form of abuse, under any circumstances. Period.
The events pertaining to Council Member Yu have drawn attention to the City of Lake Forest. This is not only unfortunate publicity for the City but has created a distraction for the City, including staff and this Council.
Some believe this Council should have Council Member Yu removed from office. That is not possible. He can be removed by the voters of the District he represents.
Some have called upon this Council to censure my colleague. The City has a policy regarding censure. It reads as follows:
If a member of the City Council is found guilty or liable by any court March 5, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 7 of law, enforcement agency, administrative hearing officer, or public agency investigation, of violating a Law or Regulation, as that term is defined in this policy, he or she may also be subject to potential censure pursuant to the procedures of this Censure Policy.
Regardless of one's views on what has transpired, we all are presumed innocent until proven guilty. I assume these matters are going through the proper legal process and I hope will be resolved sooner rather than later so we can end this distraction and focus our time and attention on the matters the community expects us to address. Thank you."
Council Council Member Cirbo read the following statement into the record:
Member
Cirbo: " Just as most of us do, I have a strong sense of right and wrong. I also believe that actions definitely have consequences. I don't condone any illegal activity and I support appropriate judgment for sanctions for those found guilty of charges through our legal system and due process. Accusation is not a conviction. Our society has agreed to utilize the system we have in place to properly uncover facts in a case and render a decision about guilt or innocence and punishment or acquittal. I've applied these due process principles in a number of different positions in my career and my volunteer activities. I'm going to continue to trust our legal system to apply these principles. Thank you."
Council Council Member Pequeno read the following statement into the Member record:
Pequeno:
My first arrest as a deputy sheriff in this city was for domestic violence. Some of the worst calls that I responded to were domestic abuse calls. I was assaulted by few of those calls by both the suspect and the victim. FBI data shows domestic violence calls are the amongst the deadliest for law enforcement officers. 80% of the unsheltered women self report trauma or domestic abuse as a cause of their homelessness. Right now, right at this very instance, a silent war across this nation is being waged. A violation of humanity a crime that is least prosecuted and a great threat endangering the lives of thousands of women and children daily. I find it embarrassing that are city is in the national spotlight over this issue.
Domestic violence has no place in this city our state or this planet.
With that being said, I spent the last 40 years of my life serving my country in various capacities. I swore an oath to support and defend the constitution of the United States that same document affords the right to due process to everyone no matter what the charge is.
Everyone is innocent until proven otherwise. Thank you" March 5, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 7 Council
Member Yu:
Mayor Pro
Tem Voigts:
Council Member Yu read the following statement into the record:
Mayor Tettemer, Mayor Pro Tem Voigts, Council Members
Pequeno and Cirbo, City Manager Rose, City staff and my constituents,
I'm saddened legal issues arising from my private life have brought us into a negative spotlight. Please accept my sincere apology for that. As your public servant, I've been tirelessly attending to the needs of individuals and communities and working to improve every aspect of life in our city. This isolated, private matter does not impact my capacity to serve you. It motivates me to work harder to repay your trust. Many may also know I briefly experienced a crisis during this challenging time. I'm deeply grateful for the help and support from the public, friends, and families. I want to name a few, including VA Long Beach Healthcare System, OCSD, OC Healthcare agency, and our former Mayor Dwight Robinson. Your prayers, love, and kindness lifted me up. Today, I am cooler and stronger than ever.
This legal issue is complex and more than meets the eye. It is not prosecuted in the public opinion but adjudicated in the court of law.
Therefore, I kindly request the respect of peace and privacy for all parties, including my fellow council members, city staff, and my friends and families. The justice may be late, but it will come.
May God bless the heart of the other party involved, and more so, all residents, the City of Lake Forest and the United States of America.
Thank you"
Mayor Pro Tem Voigts read the following statement into the record:
I've lived in Lake Forest for a long time. I'm incredibly blessed and honored to serve on the Council as a Council member here i the City that I love so much. I am proud of our city. The allegations of the charges that have been brought forth on fellow Council member Benjamin Yu are troublesome and upsetting to me and to many of those that are in the city. I condemn domestic violence. No man should raise a hand in anger towards any female. As a Council member there is nothing that any of us in city can do at this time. He will have his day in court. For him his side and when that concludes we will discuss what options as council members in the city we have.
Thank you for your time and patience."
PUBLIC COMMENTS:
March 5, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 7 Larry Kallestad expressed concerns with Irvine Ranch Water District's relocation of a water pipe.
Marc Hedgpeth expressed concerns with Irvine Ranch Water District's relocation of a water pipe.
Walt Nobrega expressed concerns with recent events regarding Council Member Yu.
Andrea Alexander requested that Southern California Edison provide updates on their operations.
Louise Robertson expressed concerns with recent events regarding Council Member Yu.
Preston Barnes provided information on the Lake Forest Rotary Club's fundraising efforts.
Marcel Louis IVX provided the Council Members with a written report.
Andrew O'Connor expressed concerns with recent events regarding Council Member Yu.
Rita Bradley expressed concerns with recent events regarding Council Member Yu.
Margie Matsil provided information on John Irish's memorial service.
Bob Holtzclaw expressed concerns with recent events regarding Council Member Yu.
Nancy Coulter expressed concerns with a motorhome parked on Serrano.
CONSENT CALENDAR: ( Item Nos. 4 — 7)
MOTION: It was moved by Council Member Yu, seconded by Mayor Pro Tem Voigts, to approve Consent Calendar Item Nos. 4 — 7. The motion was carried by a vote of 5/0.
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 20, 2024
ACTION: The minutes were approved as submitted.
6. NOTICE OF COMPLETION FOR PORTOLA PARK LIGHTING PROJECT ( PW 2017-16A)
ACTION: 1. Delta Electric LLC was found to have completed construction of the Portola Park Lighting Project ( PW 2017-16A). 2. The Notice of Completion was approved and the Mayor was authorized to execute the document on behalf of March 5, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 5 of 7 the City. 3. The City Clerk was authorized 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. 4. Staff was authorized to process final progress payment and unencumbered retention in accordance with California law.
7. CONSIDERATION OF SEVENTH FUNDING PHASE FOR THE CITY'S SHOP & DINE COMMUNITY GIFT CARD PROGRAM WITH YIFTEE, INC.
ACTION: 1. The City Council authorized the City Manager to enter into the attached BOGO Campaign Quickstart Agreement with Yiftee, Inc. and solely include the $ 50 and $ 100 gift card options in the Shop & Dine Community Gift Card Program. 2. A Resolution Entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2023-2025 OPERATING BUDGET; AMENDING APPROPRIATIONS FOR FISCAL YEAR 2023-24 was adopted.
DISCUSSION/ACTION ITEMS: ( Item Nos. 8 — 10)
8. FISCAL YEAR 2023-24 MID - YEAR BUDGET REVIEW
City Manager Rose introduced this item and invited Finance Director Shirah to provide a presentation. No public comment was offered. Council member questions were asked and answered.
MOTION: It was moved by Mayor Pro Tem Voigts, seconded by Council Member Yu, to: Adopt a Resolution entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2023-2025 OPERATING BUDGET; AMENDING THE 2023-2030 CAPITAL
IMPROVEMENT PLAN, AMENDING APPROPRIATIONS FOR FISCAL YEAR 2023-24. The motion was carried by a vote of 5/0.
9. RECOMMENDED DEVELOPMENT PARTNER FOR AFFORDABLE HOUSING
PROJECT
Mayor Pro Tem Voigts exited the City Council Chambers and left the meeting at 7:42 p.m.
City Manager Rose introduced this item and invited Economic Development and Housing Manager Grijalva to provide a presentation. Andrea Alexander offered public comment in support of this item. Andrew O'Connor offered public comment and criticized this item. Council member questions were asked and answered.
MOTION: It was moved by Council Member Pequeno, seconded by Council Member Cirbo, to: 1. Approve an Exclusive Negotiation Agreement with National March 5, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 6 of 7 CORE. 2. Authorize the City Manager to sign, and the City Clerk to attest, the Exclusive Negotiation agreement and any other relevant documents to progress the affordable housing project. The motion was carried by a vote of 4/0 with Mayor Pro Tem Voigts absent.
10. ENTERPRISE PERMITTING AND LICENSING SOFTWARE CLOUD
MIGRATION PROJECT
City Manager Rose introduced this item and invited Information Technology Manager McBratney to provide a presentation. Andrew O'Connor offered public comment and expressed concerns with the agreement. Council member questions were asked and answered.
MOTION: It was moved by Council Member Pequeno, seconded by Council Member Cirbo, to authorize the City Manager to execute an amendment to the 2021 Agreement with Tyler Technologies to upgrade the City to the Cloud/Software as a Service (" SaaS") version for a term of one year, in the amount of $ 194,609. The motion was carried by a vote of 4/0 with Mayor Pro Tem Voigts absent.
CITY MANAGER'S REPORT: City Manager Rose had nothing further to report.
ADJOURNMENT: The Regular Meeting of the City Council was adjourned at 8:14 p.m.
Respectfully submitted:
LISA BERGLUND
CITY CLERK
APPROVED:
March 5, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 7 of 7