Meeting

AGENDA
LAKE FOREST CITY COUNCIL

Regular Meeting of the City Council
Tuesday, November 15, 2022

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/129/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. To ensure that the City Council receives your comments, you may submit written comments or voicemail messages to the City Clerk prior to the meeting. 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:

ASSEMBLY BILL 361: This meeting will occur in accordance with Government Code section 54953(e) et seq. (“AB 361”) wherein the City of Lake Forest City Council may continue to participate in meetings via teleconference.

PUBLIC PARTICIPATION: In addition to attending in person, pursuant to AB 361 members of the public may access the meeting live on our website at https://www.lakeforestca.gov/129/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 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. Those wishing to provide comments remotely may join the meeting online at https://call.lifesizecloud.com/5038350 and enter Passcode 1004# or by phone at (312) 584-2401 and enter meeting number 5038350# followed by Passcode 1004#.

CALL TO ORDER:

5:30 p.m.

Council Members:	Neeki Moatazedi Mark Tettemer Scott Voigts
Mayor Pro Tem:	Doug Cirbo
Mayor:	Robert Pequeño

City Manager:	Debra Rose
City Attorney:	Matthew E. Richardson
City Clerk:	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

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 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 Deacon Dan Diesel, Santiago de Compostela Catholic Church.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Council Member Moatazedi.

CLOSED SESSION REPORT: City Attorney will report on Closed Session.

PRESENTATIONS: (Item Nos. 2 – 3)

RESOLUTION RECOGNIZING OUTGOING CITY COUNCIL MEMBER NEEKI MOATAZEDI

RECOMMENDED ACTION: Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, COMMENDING COUNCIL MEMBER NEEKI MOATAZEDI FOR HER SERVICE TO THE COMMUNITY AS A MEMBER OF THE LAKE FOREST CITY COUNCIL.

COMMENTS BY OUTGOING CITY COUNCIL MEMBER NEEKI MOATAZEDI

RECOMMENDED ACTION: Receive comments by outgoing District 2 Council Member Neeki Moatazedi.

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. Those wishing to provide comments remotely may join the meeting online at https://call.lifesizecloud.com/5038350 and enter Passcode 1004# or by phone at (312) 584-2401 and enter meeting number 5038350# followed by Passcode 1004#.

Meeting Materials – Speaker Cards

CONSENT CALENDAR (Item Nos. 4 – 13)

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.

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.

CONTINUING TO HOLD VIRTUAL MEETINGS PURSUANT TO AB 361

RECOMMENDED ACTION: Make renewed findings that a state of emergency remains in effect and that state and local officials continue to recommend measures that promote social distancing.

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 1, 2022

RECOMMENDED ACTION: Approve as submitted.

AMENDMENT OF PERSONNEL RULES AND REGULATIONS

RECOMMENDED ACTION: Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, APPROVING THE AMENDMENT OF THE PERSONNEL RULES AND REGULATIONS.

AWARD AN AGREEMENT FOR TRAUMA INTERVENTION SERVICES

RECOMMENDED ACTION: 1. Award a three-year Professional Consultant Services Agreement with a compensation amount not-to-exceed $30,810 to Trauma Intervention Program of Orange County for support services to victims of traumatic events.

2. Authorize the Mayor to sign, and the City Clerk to attest, the Agreement with Trauma Intervention Program of Orange County, substantially in the form attached.

ACQUISITION OF A PORTION OF A PARCEL ON THE SOUTHWEST CORNER OF BAKE PARKWAY AND TRABUCO ROAD/IRVINE BOULEVARD FROM SOUTHERN CALIFORNIA EDISON FOR THE PURPOSE OF A ROADWAY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT

RECOMMENDED ACTION: 1. Authorize the City Manager to execute the Agreement for Acquisition of Real Property.

2 Direct staff to issue a payment in the amount of $340,000 to Southern California Edison.

3. Authorize the City Manager or her designee to perform any additional acts necessary to complete the above transaction.

10.

SECOND AMENDMENT TO THE AGREEMENT WITH AQUABIO ENVIRONMENTAL TECHNOLOGIES, INC., FOR WILDLIFE MITIGATION AND POND MAINTENANCE SERVICES AT VETERANS PARK

RECOMMENDED ACTION: 1. Approve the Second Amendment to the Agreement for Maintenance Services with AquaBio Environmental Technologies, Inc., for Wildlife Mitigation and Pond Maintenance Services at Veterans Park.

2. Authorize the Mayor to sign, and the City Clerk to attest, the Second Amendment substantially in the form attached.

11.

NOTICE OF COMPLETION FOR SLURRY SEAL PROJECT FOR NON-ARTERIAL STREETS, ZONE F (PW 2021-05A)

RECOMMENDED ACTION: 1. Find that American Asphalt South, Inc. has completed construction of Slurry Seal Project for Non-Arterial Streets, Zone F (PW 2021-05A).

2. Approve the Notice of Completion and authorize the Mayor to execute the document on behalf of the City.

3. Authorize 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.

4. Authorize staff to release any unencumbered retention in accordance with California law.

12.

CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974

RECOMMENDED ACTION: Adopt a Resolution entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974

13.

SECOND READING AND ADOPTION OF ORDINANCE NO. 358, REGULATING E-BIKES AND MAKING VARIOUS UPDATES TO THE LAKE FOREST MUNICIPAL CODE

RECOMMENDED ACTION: 1. Conduct Second Reading of Ordinance No. 358, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING VARIOUS SECTIONS OF TITLES 2, 12, AND 13 OF THE LAKE FOREST MUNICIPAL CODE TO MAKE MINOR REFINEMENTS, CORRECTIONS, CLEAN-UP AMENDMENTS; AND ADDING CHAPTER 13.22 PROHIBITING THE USE OF OPEN FLAMES ON PUBLIC PROPERTY; AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.

2. Adopt Ordinance No. 358.

DISCUSSION/ACTION ITEMS (Item Nos. 14 – 18)

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.

14.

APPROVAL OF NONEXCLUSIVE PUBLIC FRANCHISE AGREEMENT WITH SIFI NETWORKS LAKE FOREST LLC

RECOMMENDED ACTION: 1. Approve a Nonexclusive Public Franchise Agreement with SiFi Networks Lake Forest LLC for deployment of Citywide Fiber Optic to the Premises System.

2. Authorize the City Manager, in consultation with the City Attorney, to make any non-substantive changes to the Franchise Agreement deemed necessary.

3. Authorize the City Manager and/or her designee to execute all the necessary documents, in a form approved by the City Attorney.

15.

SOLID WASTE AD HOC COMMITTEE UPDATE

RECOMMENDED ACTION: 1. Direct staff to prepare an amendment to Memorandum of Understanding Regarding Solid Waste Procurement Services to extend the MOU to include the procurement and selection process of a new Solid Waste Services Agreement.

2. Direct staff to present the amended Memorandum of Understanding the City Council in January 2023.

16.

ADOPTION OF 2022 CALIFORNIA BUILDING STANDARDS CODES

RECOMMENDED ACTION: 1. Introduce for first reading an Ordinance 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); THE 2021 EDITION OF THE INTERNATIONAL SWIMMING POOL, SPA, AND HOT TUB CODE; AND THE 2021 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS, AND DELETIONS; and

2. Direct staff to schedule a December 6, 2022, public hearing to adopt the Ordinance identified in Recommended Action 1, including provision of the appropriate public hearing notices.

17.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING ARTICLE 1 (PUBLIC NUISANCE) OF CHAPTER 6.14 (NUISANCES, GENERAL) OF TITLE 6 (HEALTH AND SANITATION) AND SECTION 1.01.250 OF THE LAKE FOREST MUNICIPAL CODE TO PROVIDE FOR SUMMARY NUISANCE ABATEMENT PROCEDURES, RECOVERY OF EXPENSES; AND MODIFYING THE PROCESS FOR NOTICE, HEARING, AND APPEALS REGARDING INVOLUNTARY ABATEMENT OF A NUISANCE; AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA

RECOMMENDED ACTION: Introduce for first reading an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING ARTICLE 1 (PUBLIC NUISANCE) OF CHAPTER 6.14 (NUISANCES, GENERAL) OF TITLE 6 (HEALTH AND SANITATION) AND SECTION 1.01.250 OF THE LAKE FOREST MUNICIPAL CODE TO PROVIDE FOR SUMMARY NUISANCE ABATEMENT PROCEDURES, RECOVERY OF EXPENSES; AND MODIFYING THE PROCESS FOR NOTICE, HEARING, AND APPEALS REGARDING INVOLUNTARY ABATEMENT OF A NUISANCE; AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.

18.

SECURITY CAMERA REBATE PROGRAM

RECOMMENDED ACTION: Exercise City Council discretion.

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).

Council Member Moatazedi:

Council Member Tettemer:

Council Member Voigts:

Mayor Pro Tem Cirbo:

Mayor Pequeño:

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 November 10, 2022.

Lisa Berglund, MPA
City Clerk

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