CITY OF LAGUNA HILLS
CITY COUNCIL/PLANNING AGENCY
REGULAR MEETING
MINUTES
Tuesday, June 28, 2022
CLOSED SESSION - CONVENING AT 6:00 PM
CALL TO ORDER
The meeting was called to order at 6:00 p.m. by Mayor Wheeler.
ROLL CALL OF CITY COUNCIL MEMBERS
Attendee Name Title Status Arrived
Dave Wheeler Mayor Present
Janine Heft Mayor Pro Tempore Present
Don Caskey Council Member Absent
Erica Pezold Council Member Present
Don Sedgwick Council Member Present
ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of California Government Code Section 54956.9
Name of Case: Californians for Homeownership, Inc., a California nonprofit public benefit corporation, vs. City of Laguna Hills; Orange County Superior Court Case No. 30-2022-01255365-CU-WM-CJC; Verified Petition for Writ of Mandate.
PUBLIC COMMENT ON CLOSED SESSION ITEM(S)
There were no public comments on the closed session item.
ADJOURN TO CITY COUNCIL CONFERENCE ROOM OR CITY COUNCIL CHAMBER
CONVENE INTO CLOSED SESSION
The City Council convened into closed session to consider the matter listed above.
RECONVENE TO CITY COUNCIL CHAMBER
RECESS
City of Laguna Hills City Council/Planning Agency Tuesday, June 28, 2022 Regular Meeting Minutes
2 GENERAL BUSINESS - CONVENING AT 7:00 PM
CALL TO ORDER
The meeting was called to order at 7:02 p.m. by Mayor Wheeler.
INVOCATION: Pastor Greg Munck of Crossline Community Church PLEDGE OF ALLEGIANCE: Mayor Pro Tempore Heft
ROLL CALL OF CITY COUNCIL MEMBERS
Attendee Name Title Status Arrived
Dave Wheeler Mayor Present
Janine Heft Mayor Pro Tempore Present
Don Caskey Council Member Absent
Erica Pezold Council Member Present
Don Sedgwick Council Member Present
CLOSED SESSION REPORT
City Attorney Simonian stated that the City Council convened into closed session this evening pursuant to the authorities listed on the Agenda with no reportable action taken.
1. PRESENTATIONS AND PROCLAMATIONS
1.1 Oath of Office and Certificate of Appointment for One Traffic Commissioner
Mayor Wheeler administered the Oath of Office and presented a Certificate of Appointment to Traffic Commissioner Michael Caputo.
1.2 I-5 at El Toro Interchange Improvement Project Alternatives The City Council received and provided feedback on a presentation from Niall A.
Barrett, P.E., Program Manager, OCTA, and Chris Boucly, Community Relations Officer, OCTA, on the I-5 at El Toro Interchange Improvement Project Alternatives.
1.3 Presentation by Mercy House on Homeless Outreach
The City Council received an update from Timothy Huynh on Mercy House’s homeless outreach efforts in the City of Laguna Hills.
City of Laguna Hills City Council/Planning Agency Tuesday, June 28, 2022 Regular Meeting Minutes
3 2. SCHEDULE OF FUTURE EVENTS
2.1 Schedule of Future Events
Assistant City Clerk Lee announced the upcoming City events in the month of July 2022.
3. PUBLIC COMMENTS
The following individuals addressed the City Council on non-agendized items:
Shelley Roe, a resident of Laguna Hills, provided comments regarding street vendors blocking emergency access near her home and a lack of property maintenance at Alicia Village Apartments.
Rona Henry, a resident of Laguna Woods, inquired about the number of homeless that were placed in housing by Mercy House’s outreach efforts.
4. CONSENT CALENDAR
The following individual submitted an electronic public comment on Item No. 4.6 that was received, forwarded to the Council prior to the meeting, and announced into the record by Assistant City Clerk Lee:
Neel Patel, Parks and Recreation Commissioner, submitted an email suggesting short term lease options for unrented office spaces with smaller square footages.
Motion to approve the Consent Calendar with Mayor Pro Tempore Heft removing Item No. 4.9.
RESULT: APPROVED [UNANIMOUS]
MOVER: Janine Heft, Mayor Pro Tempore
SECONDER: Erica Pezold, Council Member
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro Tempore; Erica Pezold, Council Member; Don Sedgwick, Council Member ABSENT: Don Caskey, Council Member
4.1 Waive Reading in Full of all Ordinances and Resolutions on the Agenda Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
City of Laguna Hills City Council/Planning Agency Tuesday, June 28, 2022 Regular Meeting Minutes
4 4.2 Approval of Minutes for June 14, 2022, Special Meeting Recommendation: That the City Council approve the City Council Minutes for the June 14, 2022, Special Meeting.
4.3 Approval of Minutes for June 14, 2022, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the June 14, 2022, Regular Meeting.
4.4 Ratification of June 28, 2022, Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from June 3, 2022, to June 16, 2022, in the amount of $344,970.21.
4.5 Adoption of the Annual Appropriations Limit for Fiscal Year 2022/2023 Recommendation: That the City Council adopt Resolution No. 2022-06-28-1: "A Resolution of the City Council of the City of Laguna Hills, California, determining and adopting an Appropriations Limit for the 2022/2023 fiscal year in accordance with Article XIIIB of the Constitution of the State of California, and Section 7910 of the Government Code."
4.6 Adoption of Fiscal Year 2022/2023 Civic Center Budget Recommendation: That the City Council approve and adopt the FY 2022/2023 Civic Center Budget.
4.7 Purchase or Lease of an Alternative Fuel Vehicle for Use by the City Manager Pursuant to the City Manager Employment Agreement and Section 3-08.130 of the Laguna Hills Municipal Code
Recommendation: That the City Council: 1) Approve the purchase or lease of an alternative fuel vehicle pursuant to LHMC Sections 3-08.130 from a revised list of approved vehicles; 2) Authorize the appropriation of funds from the City’s AB 2766 Subvention Fund for the purchase or lease of the approved vehicle; and 3) Authorize the City Manager to execute a purchase or lease agreement from a dealer in order to procure a vehicle from the revised list of approved vehicles.
City of Laguna Hills City Council/Planning Agency Tuesday, June 28, 2022 Regular Meeting Minutes
5 4.8 Renewed Measure M (M2) Compliance Reporting to the Orange County Transportation Authority (OCTA)
Recommendation: That the City Council: 1) Approve the Measure M (M2) Compliance Submittal to OCTA including, but not limited, to the Seven-Year Capital Improvement Program; and 2) Adopt Resolution No. 2022-06-28-2: "A Resolution of the City Council of the City of Laguna Hills, California, concerning the status and update of the Pavement Management Plan for the Measure M (M2) Program."
4.10 Resolution Adopting a List of Street Maintenance Projects for Fiscal Year 2022/2023 Funded By SB 1: the Road Repair and Accountability Act of 2017
Recommendation: That the City Council adopt Resolution No. 2022-06-28-3: "A Resolution of the City Council of the City of Laguna Hills, California, adopting a list of street maintenance projects for fiscal year 2022/2023 funded by SB1: The Road Repair and Accountability Act of 2017."
4.11 Proposed Consulting Services Agreement with Mercy House Living Centers to Provide Continued Homeless Outreach Services Within the City of Laguna Hills
Recommendation: That the City Council approve the Consulting Services Agreement with Mercy House Living Centers to provide continued, uninterrupted homeless outreach services for the fiscal year 2022/2023 in the total, not to exceed, amount of $59,861, and authorize the Mayor or Mayor Pro Tempore to execute the Agreement.
4.12 Designation of Voting Delegate for League of California Cities Annual Conference
Recommendation: That the City Council appoint the Mayor as the Voting Delegate and appoint the Mayor Pro Tempore as the Voting Delegate Alternate for the League of California Cities Annual Conference.
ITEMS REMOVED FROM THE CONSENT CALENDAR
4.9 Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc., for the Implementation of the City's Phase X Water Quality Project, CIP No. 412
City of Laguna Hills City Council/Planning Agency Tuesday, June 28, 2022 Regular Meeting Minutes
6 Mayor Pro Tempore Heft removed Item No. 4.9 to request additional information.
Acting Public Services Director Shah responded to Council Member requests for additional information.
Recommendation: That the City Council: 1) Find and determine it is appropriate to waive formal bidding requirements of the Laguna Hills Municipal Code (LHMC) for the award of the Trash and Debris Capture Devices Maintenance Services Agreement to G2 Construction, Inc., because: a) The goods and supplies, equipment, materials, and contract services to be provided by G2 Construction, Inc., are of a unique, sole source nature because of their quality, durability, availability, or fitness for a particular use and are available only from one source (LHMC Section 3-08.110(A)); b) The goods and supplies, equipment, materials, or non-professional services are proprietary (LHMC Section 3-08.110(B)); c) A specific make, model, or brand is necessary to match existing City equipment or to facilitate the continuity of effective maintenance and support (LHMC Section 3-08.110(F)); and d) Compliance with procurement policies, procedures, and/or requirements is not in the best interest of the City (LHMC Section 3-08.110(J)); 2) Award the Trash and Debris Capture Devices Maintenance Services Agreement to G2 Construction, Inc.,; and 3) Authorize the Mayor or Mayor Pro Tempore to sign the Agreement.
RESULT: APPROVED [UNANIMOUS]
MOVER: Janine Heft, Mayor Pro Tempore
SECONDER: Don Sedgwick, Council Member
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro Tempore; Erica Pezold, Council Member; Don Sedgwick, Council
Member
ABSENT: Don Caskey, Council Member
Mayor Wheeler took Item No. 8.1.1 out of order on the Agenda.
8. MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS
8.1. Mayor Wheeler
8.1.1 Short-Term Rentals
Mayor Wheeler provided introductory comments and invited the public to address the City Council on the item.
City of Laguna Hills City Council/Planning Agency Tuesday, June 28, 2022 Regular Meeting Minutes
7 The following individuals addresses the City Council in opposition to shortterm rental properties in residential neighborhoods:
Bruce Freeman, DeeAnn Sigaty, Justin Cypress, Sheyda Akharan, Mark Fisk, President, NGROA, Semira Bayat, and Christopher Criblez, Brian Mitchell, General Manager, NGROA, George Lostracco, Mo Maghazeh, and Peter DeCarlo.
George Lostracco a resident of Laguna Hills, addressed the City Council on a non-agendized item regarding an increase of no-see-ums in his area.
Sergeant Carlos Sanchez responded to Council Member requests for additional information.
City Attorney Simonian responded to Council Member requests for additional information.
Recommendation: Mayor Wheeler recommends that the City Council discuss short-term rentals and provide input to Staff.
A motion to direct Staff to research and explore options to regulate shortterm rentals and implementation of a business license program within the City was made by Council Member Sedgwick, seconded by Mayor Pro Tempore Heft.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Don Sedgwick, Council Member
SECONDER: Janine Heft, Mayor Pro Tempore
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro
Tempore; Erica Pezold, Council Member;
Don Sedgwick, Council Member
ABSENT: Don Caskey, Council Member
Mayor Wheeler recessed the meeting at 9:19 p.m.
Mayor Wheeler reconvened the meeting at 9:31 p.m.
5. PLANNING AGENCY
Mayor Wheeler recessed the City Council Meeting, and acting in capacity as Chair, called the Regular Meeting of the Planning Agency of the City of Laguna Hills, California, to order at 9:31 p.m.
City of Laguna Hills City Council/Planning Agency Tuesday, June 28, 2022 Regular Meeting Minutes
8 5.1. ROLL CALL OF PLANNING AGENCY MEMBERS
Attendee Name Title Status Arrived
Dave Wheeler Chair Present
Janine Heft Vice Chair Present
Don Caskey Agency Member Absent
Erica Pezold Agency Member Present
Don Sedgwick Agency Member Present
5.2. PUBLIC COMMENTS
There were no Planning Agency public comments on non-agendized items.
5.3. APPROVAL OF MINUTES
5.3.1 Approval of Minutes for June 14, 2022, Regular Meeting Recommendation: That the Planning Agency approve the Planning Agency Minutes for the June 14, 2022, Regular Meeting.
RESULT: APPROVED [UNANIMOUS]
MOVER: Janine Heft, Vice Chair
SECONDER: Erica Pezold, Agency Member
AYES: Dave Wheeler, Chair; Janine Heft, Vice Chair;
Erica Pezold, Agency Member; Don Sedgwick,
Agency Member
ABSENT: Don Caskey, Agency Member
5.4. ADMINISTRATIVE REPORTS
5.4.1 Adoption of a Resolution Making Findings of General Plan Consistency for the Proposed 2022/2023 Fiscal Year Capital Improvement Program
Acting Public Services Director Shah reviewed the information provided in the staff report.
Recommendation: That the Planning Agency adopt Resolution No. PA2022-06-28-1: “A Resolution of the Planning Agency of the City of Laguna Hills, California, finding that the proposed 2022/2023 Fiscal Year Capital Improvement Program conforms with the General Plan of the City of Laguna Hills pursuant to California Government Code Section 65401.” City of Laguna Hills City Council/Planning Agency Tuesday, June 28, 2022 Regular Meeting Minutes
9 RESULT: APPROVED [UNANIMOUS]
MOVER: Erica Pezold, Agency Member
SECONDER: Janine Heft, Vice Chair
AYES: Dave Wheeler, Chair; Janine Heft, Vice Chair;
Erica Pezold, Agency Member, Don Sedgwick,
Agency Member
ABSENT: Don Caskey, Agency Member
5.5. PLANNING AGENCY PUBLIC HEARINGS
There were no Planning Agency public hearings.
PLANNING AGENCY ADJOURNMENT
Chair Wheeler adjourned the Planning Agency Meeting at 9:34 p.m. and reconvened the City Council Meeting. All Council Members were present in Chamber with the exception of Council Member Caskey.
6. CITY COUNCIL PUBLIC HEARINGS
6.1 General Plan Amendment RZNE-0003-2020 for the 2021-2029 Housing Element Update and Safety Element Update
Community Development Director Longenecker provided introductory comments on the public hearing item.
Nicole West, AICP, Senior Associate, PlaceWorks, provided a PowerPoint presentation and responded to Council Member requests for additional information.
Jacqueline Protsman Rohr, Association, PlaceWorks, provided a PowerPoint presentation.
City Attorney Simonian responded to Council Member requests for additional information.
Mayor Wheeler opened the public hearing.
The following individuals addressed the City Council on the public hearing item:
Thomas Wood spoke in favor of the rezone of the HERE commercial center located at Ridge Route Drive and Mill Creek Drive.
Robert Clarke, a resident of Laguna Hills, expressed concerns regarding rezoning of Stockport Apartments.
City of Laguna Hills City Council/Planning Agency Tuesday, June 28, 2022 Regular Meeting Minutes
10 Richard Bracamonte inquired about the exclusion of the Lakehills Office Park on Mill Creek Drive from potential rezoning.
Mario Vasquez, a resident of Laguna Hills, expressed concerns for possible decreased property value due to high density housing.
Mayor Wheeler closed the public hearing.
Recommendation: That the City Council: 1) Conduct a public hearing and 2) Adopt Resolution No. 2022-06-28-4: “A Resolution of the City Council of the City of Laguna Hills, California, adopting an addendum to the Laguna Hills General Plan Program Environmental Impact Report, as previously addended, and adopting RZNE-0003-2020, an update to the Laguna Hills General Plan Housing Element for the 2021-2029 planning period and an update to the Laguna Hills General Plan Safety Element, as required by state law.” RESULT: APPROVED [3 TO 1]
MOVER: Janine Heft, Mayor Pro Tempore
SECONDER: Dave Wheeler, Mayor
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro Tempore; Erica Pezold, Council Member
NAYS: Don Sedgwick, Council Member
ABSENT: Don Caskey, Council Member
7. ADMINISTRATIVE REPORTS
7.1. City Manager
The City Manager gave no Administrative Reports.
7.2. Deputy City Manager/Community Services Director
7.2.1 2022 Holiday Lighting and Decorations Agreement with the Christmas Kings
Community Services Superintendent Meehan reviewed the information provided in the staff report and responded to Council Member requests for additional information.
Recommendation: That the City Council: 1) Waive competitive formal bidding requirements and procedures set forth in the City of Laguna Hills Municipal Code (LHMC) Section 3-08.090 with regard to approval of the proposed Holiday Lighting and Decorations Agreement with The Christmas Kings, as it is hereby found and determined, pursuant to LHMC Section City of Laguna Hills City Council/Planning Agency Tuesday, June 28, 2022 Regular Meeting Minutes
11 3-08.110, that the recommended contract is for entertainment services and community support; 2) Approve the proposed Holiday Lighting and Decorations Agreement and authorize the City Manager to execute the Agreement.
RESULT: APPROVED [UNANIMOUS]
MOVER: Janine Heft, Mayor Pro Tempore
SECONDER: Erica Pezold, Council Member
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro
Tempore; Erica Pezold, Council Member;
Don Sedgwick, Council Member
ABSENT: Don Caskey, Council Member
7.2.2 2022 Holiday Season Events Schedule
Deputy City Manager/Community Services Director Reynolds reviewed the information provided in the staff report and responded to Council Member requests for additional information.
Recommendation: That the City Council receive and file the report.
RESULT: RECEIVE AND FILE [UNANIMOUS]
MOVER: Dave Wheeler, Mayor
SECONDER: Erica Pezold, Council Member
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro
Tempore; Erica Pezold, Council Member;
Don Sedgwick, Council Member
ABSENT: Don Caskey, Council Member
8. MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS
8.2. Council Member Pezold
8.2.1 Council Discussion Regarding Options for Formation of a New Events, Communication, and Beautification Standing Committee Council Member Pezold reviewed the information provided in the staff report, provided a PowerPoint and video presentation, and responded to Council Member requests for additional information.
City Attorney Simonian responded to Council Member requests for additional information.
City of Laguna Hills City Council/Planning Agency Tuesday, June 28, 2022 Regular Meeting Minutes
12 Recommendation: Council Member Pezold recommends that the City Council discuss options regarding the formation of a new Events, Communication and Beautification Standing Committee, and appoint two City Council Members to serve on said committee.
A motion to form an Events, Communication and Beautification Standing Committee and appoint Council Member Pezold and Mayor Pro Tempore Heft to serve on said committee was made by Mayor Wheeler, seconded by Council Member Sedgwick.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dave Wheeler, Mayor
SECONDER: Don Sedgwick, Council Member
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro
Tempore; Erica Pezold, Council Member;
Don Sedgwick, Council Member
ABSENT: Don Caskey, Council Member
8.2.2 Discussion Regarding Formation of a New Economic Development Standing Committee
Council Member Pezold reviewed the information provided in the staff report and provided a PowerPoint presentation.
Recommendation: Council Member Pezold recommends that the City Council discuss options regarding the formation of a new Economic Development Standing Committee, and appoint two Council Members to serve on said committee.
A motion to form an Economic Development Standing Committee and appoint Mayor Wheeler and Council Member Caskey to serve on said committee was made by Mayor Pro Tempore Heft, seconded by Mayor Wheeler.
RESULT: APPROVED [UNANIMOUS]
MOVER: Janine Heft, Mayor Pro Tempore
SECONDER: Dave Wheeler, Mayor
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro
Tempore; Erica Pezold, Council Member;
Don Sedgwick, Council Member
ABSENT: Don Caskey, Council Member
City of Laguna Hills City Council/Planning Agency Tuesday, June 28, 2022 Regular Meeting Minutes
13 8.3. Mayor Pro Tempore Heft
8.3.1 Consideration of Heritage Day Event Budget
Mayor Pro Tempore Heft provided information on the item and responded to Council Member requests for additional information.
Recommendation: Mayor Pro Tempore Heft recommends that the City Council consider the proposed Heritage Day event budget.
A motion to approve the proposed Heritage Day event budget was made by Council Member Pezold, seconded by Mayor Pro Tempore Heft.
RESULT: APPROVED [UNANIMOUS]
MOVER: Erica Pezold, Council Member
SECONDER: Janine Heft, Mayor Pro Tempore
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro
Tempore; Erica Pezold, Council Member;
Don Sedgwick, Council Member
ABSENT: Don Caskey, Council Member
9. CITY COUNCIL MEMBER COMMITTEE REPORTS
9.1. Committee Assignment Reports
Recommendation: That the City Council receive oral reports on the following City Council Committee Assignments:
1. OC Mosquito and Vector Control District Board of Trustees (Council Member Pezold) - June 16, 2022 Meeting.
Council Member Pezold provided an oral report.
2. Association of California Cities - Orange County Legislative and Regulatory Commission Meeting
(Mayor Wheeler) June 23, 2022 Meeting.
Mayor Wheeler provided an oral report.
3. Orange County Mayors
(Mayor Wheeler) June 23, 2022 Meeting.
Mayor Wheeler provided no report.
10. CITY COUNCIL MEMBER COMMENTS
There were no City Council Member comments.
City of Laguna Hills City Council/Planning Agency Tuesday, June 28, 2022 Regular Meeting Minutes
14 ADJOURNMENT
There being no further business before the City Council at this session, Mayor Wheeler declared the meeting adjourned at 11:16 p.m.
Melissa Au-Yeung, City Clerk
ATTEST:
Dave Wheeler, Mayor
Approved at meeting of July 12, 2022