City Council Regular Meeting Minutes Page 1 of 36 February 1, 2022
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
February 1, 2022
7:00 p.m. – Regular Meeting
CALL TO ORDER AND ROLL CALL – Mayor Gennawey called the Regular City Council Meeting to order at 7:00 p.m.
Mayor Elaine Gennawey– Present
Mayor Pro Tem Sandy Rains – Present
Council Member Kelly Jennings – Present
Council Member Rischi Paul Sharma – Present
Council Member Fred Minagar – Present
INVOCATION – Marty DeWindt, First Church of Christ, Scientist
PLEDGE OF ALLEGIANCE – Junior Scout Troop 8590
PRESENTATIONS
1. Presentation to Outgoing Commission and Committee Members
Mayor Gennawey stated that the Council was so grateful for the time, effort, and hard work of all of the members of our different City Commissions and Committee and to show our appreciation, we honor the members of these committees when they are outgoing with an official City of Laguna Niguel tile. She then called up the following outgoing Commission and Committee members to receive a tile:
Parks and Recreation Commissioner James “Jim” McGinley
Military Support Committee Members Dan Abrams, John Harms, Matt Kenney, Caroline Swift, and Carole Allen
She stated that the City Council thanks all of the outgoing Commission and Committee members for their service to the residents and their respective committees. She stated that there were a couple of members who were not able to be here tonight and she thanked and listed the following outgoing Commi ssion and Committee members:
Planning Commissioners Peter Hersh and Mike Whipple
Senior Citizens Committee Member Betty Pequet
2. Laguna Niguel Military Support Foundation Presentation
Mayor Gennawey stated that there was a discussion at the last City Council meeting about the collaborative relationship between the Military Support Committee and the Laguna Niguel Military Support Foundation. She stated that to provide information and answer some post -meeting questions from community
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members, she invited Military Support Foundation President, Robert Ming, to define the role of the Foundation, how it differs from and works with the Military Support Committee, and how funds are dispersed in support of the City’s adopted military units.
Mr. Ming provided a brief presentation on the Military Support Foundation’s history and origins, mission and vision, leadership, governance structure, and financial condition.
Council Member Minagar thanked Mr. Ming and asked what kind of auditing process did the Judge Advocate General ’s (JAG) Corps have for the Military Support Foundation. Mr. Ming stated that the Military JAG officers do not have any kind of audit requirements on the foundation.
Council Member Sharma thanked Mr. Ming and asked if the presentation slide illustrating how things flowed between the foundation and the Military Support Committee could be added to the Committee’s procedures manual. Mr. Ming agreed to this.
Mayor Pro Tem Rains thanked Mr. Ming and asked how many times over the last 14 years the foundation liaison acted as a Chair of an event. Mr. Ming answered that the liaison does not act as a Chair of an event but provides expertise on events. Mayor Pro Tem Rains asked if there was a way for the foundation to report back what percentage of the fundraising is done by the foundation itself and how does the foundation raise funds on its own. Mr. Ming answered that the foundation does not raise funds on its own and that funds come from the efforts of the Military Support Committee or from donations that come in from people who have been associated with the foundation in the past.
Council Member Jennings thanked Mr. Ming for his time and for a thorough presentation.
PUBLIC COMMENTS
There were no general Public Comments.
Mayor Gennawey closed general Public Comments.
CONSENT CALENDAR
Council Member Minagar made a correction to Item No. 3.
Council Member Rains pulled Items No. 5 and 6 for discussion.
A MOTION was made by Mayor Pro Tem Rains, seconded by Council Member Sharma, to approve the remainder of the Consent Calendar as presented.
Motion carried 5-0.
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1. Warrants of February 1, 2022
Approved as written.
2. Payroll Summary Register
Approved as written.
3. Minutes of the Special City Council Meeting on January 12-13, 2022, and Regular City Council Meeting on January 18, 2022
Approved with correction to Council Member Minagar ’s attendance as “Present” for the Regular City Council Meeting on January 18, 2022.
4. Investment Report as of December 31, 2021
Received and filed the City of Laguna Niguel Investment Report as of December 31, 2021
ITEMS PULLED FROM CONSENT CALENDAR
5. Approval of Amendment No. 1 to the Professional Services Agreement with Michael Baker International to Provide Environmental Consulting Services for the Proposed Development of 38 Residential Townhomes (29001 Paseo De Colinas – Paseo De Colinas Townhomes)
Mayor Pro Tem Rains stated that she pulled this item because this project is upcoming and our Community Development Department has been very busy recently . She stated that one of the expenditures on the report is an expenditure that goes through the City’s Planning Department first, that it is a pass-through cost, and when the project is done the City is reimbursed. She stated that this project would benefit our community and some of our entry-level buyers into Laguna Niguel.
A MOTION was made by Mayor Pro Tem Rains, seconded by Council Member Minagar to:
1. Approve Amendment No. 1 to the Professional Services Agreement with Michael Baker International to prepare an environmental analysis for the proposed development of 38 residential townhomes located at 29001 Paseo De Colinas for an amount not to exceed $97,763;
2. Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement and future amendments to the agreement, between the City and Michael Baker International; and,
3. Approve a budget appropriation for a pass -through amount of $ 97,763. The costs associated with these services will be paid by the property owner, Capistrano Unified School District.
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Motion carried 5-0.
6. Approval of Agreement for a Citywide VoIP Phone System Replacement Project with LogMeIn Communications, Inc.
Mayor Pro Tem Rains stated that last year during the Strategic Plan Workshop we talked a lot about some of the things we needed to update and one of those things was our phone system. She stated that she was excited to see that this is moving forward. She stated that for the many residents who might have difficulties during Covid getting through to the City, we’ve got your back and we’re working on correcting all of those things.
A MOTION was made by Mayor Pro Tem Rains, seconded by Council Member Jennings to:
1. Approved the Agreement with LogMeIn Communications, in the not -to- exceed amount of $306,272 for the procurement, installation, and servicing of a new Voice over Internet Protocol (VoIP) phone system;
2. Approved a not -to-exceed 10% contingency of the total contract in the amount of $30,627 for additional work and authorize the Deputy City Manager to approve the additional work with LogMeIn Communications, if needed, for a total not-to-exceed amount of $336,899; and,
3. Authorized the City Manager to execute the Agreement and future amendments to the agreement, subject to the City Attorney making non- substantive changes.
Motion carried 5-0.
DISCUSSION ITEMS
1. Fiscal Year 2021/2022 Mid-Year Budget Review
Finance Director Hendrickson stated that with Fiscal Year 21-22 halfway complete, it was prudent to look at where we stand with the budget and recommendations where necessary. He stated that a t the June 1st, 2021 meeting, the City Council adopted a balanced budget of approximately $45.4 million. He stated that we anticipated revenues exceeding expenditures, which also included depositing $350,000 into the Section 115 pension trust and increasing reserves by $750,000. He stated that the largest source of revenue for the City is property taxes and that the original budget estimate for this year was just over $24.8 million, which is about 55% of all General Fund revenues. He referenced the PowerPoint presentation and stated that the blue bars represented the prior seven years of property tax data. He stated that on average, over this span, property tax revenue ha d annually increased by about $965,000 per year, or 4.6% and that this growth is due to a variety of factors, including assessed valuation growth under Proposition 13, re-assessed home values at the time of sale, Proposition 8 recapture, and any substantial remodels or additions to existing properties. He stated that although a look-back at past growth was a factor in considering future growth, it is more sensible to use the data provided from the County of Orange Auditor-Controller, as they manage the property tax apportionment system. He stated that the finalized property t ax rolls for
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Laguna Niguel this year total $25,196,506 and that based upon this actual billed amount from the County, staff recommends increasing property tax revenue by $360,106 over the original estimate. He stated that regarding the future fiscal years, we used a conservative
2.5% increase to illustrate a potential scenario and that is just an estimate, and actual growth will vary based on the factors he previously mentioned.
He stated that s ales taxes are the City’s second largest source of revenue and that the original budget estimate for this year was about $12.7 million, which is approximately 28% of the General Fund total . He stated that on average, over a 7-year period, sales tax revenue had annually increased about $280,000 per year, or 2.4% but that this revenue can fluctuate every year, either to the positive or the negative. He stated that m onitoring the average growth over a longer period of time helps alleviate any deviations and presents a more accurate picture of growth or decline. He stated that although the City received a record amount of sales tax last year, some of that growth can be attributable to inflation and federal stimulus funds infused in the economy. He stated that a direct correlation between inflation and sales tax is difficult to quantify, as not all goods impacted by inflation are taxable and that many non-taxable items, like food and healthcare products, have increased in price. He stated that the City receives no direct tax benefit from these increases. He stated that the estimate of $12.7 million this year is a very conservative projection and that it’s likely that this number may come in higher once all the receipts are collected. He stated that because we are cautious and conservative in our budget approach, no adjustment is being recommended tonight. He referenced the PowerPoint presentation and noted that the green bars represent future annual growth of 2%. He stated that this is just an estimate , and that ac tual growth will vary based on different economic factors.
He stated that c ommunity development revenue is the City’s third largest source of revenue and that it represents about 6% of the total, which is about $2.7 million. He stated that there has been increased development activity this year in processing entitlement applications, where applicants pay for this processing, and therefore, the City will need to recognize both increased revenues and expenditures in the amount of $178,600. He stated that s ince both revenues and expenditures are increasing, there will be no net effect on the General Fund.
He stated that separate from the budget, staff is recommending that City Council approve a purchase order for 2 new police motorcycles. He stated that through the Orange County Sheriff’s department, the City pays for 5 motor officers and that we have a fleet of 6 motorcycles, which typically have a warranty period of 60,000 miles or 3 years. He stated that most of the current fleet is out of warranty, and a need has arisen to start purchasing 2 motorcycles per year. He stated that the order, customization, and delivery process for new motorcycles takes approximately 4 to 6 months and therefore, we need to place the orders in February, so the motorcycles can be delivered for the upcoming fiscal year. He stated that s ufficient funds exist in the Vehicle Replacement Fund to accommodate a purchase order, and therefore no budget adjustment is requested but since the total is over $50,000, City Council approval of a purchase order is required. He stated the gross cost for both bikes is just over $78,000 ; but that the net cost will likely be less because we are turning in some of the older motorcycles.
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He stated that Resolution No. 2022- 1377 was being brought fort h to accomplish two actions. He stated that this resolution will update the authorized positions allowed to sign checks and permit automatic, machine-generated signatures for all signers on the checks.
He stated that the current process in place requires t wo signatures , one being the signature of the Mayor, applied automatically during the check printing process and the second being the hand- written, wet signature of the City Manager. He stated that this current process has become outdated, inefficient, and not reflective of the City’s current organizational chart. He stated that the City Manager’s handwritten signature is unnecessary because the City Manager approves the warrant register that list all checks issued for each City Council meeting and the amount of those checks. He stated that this resolution also seeks to update the secondary staff able to sign and in the absence of the City Manager, the secondary staff will be the Acting, Interim, Assistant , or Deputy C ity Manager. He stated that Staff has communicated th ese potential adjustments with both the City’s audit firm and banking contacts and this proposed change meets their standards. He stated that staff recommends that the City Council adopt Resolution 2022- 1377 to update the process on what positions can sign checks and allow these signatures to be automatically applied during the check printing process.
He then handed the presentation over to Public Works Director Scott for an update on the Capital Improvement Program.
Public Works Director Scott stated that there were four projects proposed to be added to the fiscal year 21-22 Capital Improvement Program (CIP). She stated that the first project was the Crown Valley westbound widening from Interstate 5 to Oso Creek which includes the addition of a fourth westbound lane on Crown Valley Parkway to accommodate traffic volumes related to the ongoing development within The Gateway area. She stated that this project was put on hold in early 2020 due to the COVID -19 pandemic and that development around the City suddenly stopped and has now recently reinitiated. She stated that in order to qualify for outside Measure M2 grants in the next call for projects, it was important that the C ity have construc tion ready documents and permits already acquired from the California Fish and Wildlife, Southern California Regional Rail Authority (SCRRA), the County of Orange, and Caltrans. She stated that Michael Baker is the engineer on record and has completed the engineering work and preliminary documents needed to obtain these permits. She stated that Michael Baker will also prepare the construction documents including traffic control, construction phasing, water quality, and other documents needed prior to applyi ng for the grant funds and that it is required to allocate $750,000 in American Rescue Plan funds to complete this effort.
She stated that the next project was an advancement of funding to complete City Hall audiovisual equipment upgrades in both the City Council Chambers and within the Community Room. She stated that the initial phase of this project was budgeted in Fiscal Year 21-22 but that at this time Staff is recommending advancement of additional funds needed to complete the project in one phase. Sh e stated that this recommendation was being made because equipment continues to fail and interrupts the C ity's seamless broadcast of City Council meetings and that the advancement of the funds will allow the project to be completed sooner and provide better broadcasting service to the City’s residents.
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She stated that it was also recommended to create a new capital improvement project to fund an evaluation of the earth movement on La Paz Rd and that earth movement has been occurring for several decades, but at a much slower pace than what the C ity has recently observed. She stated that in past years, City maintenance staff was able to patch and repair the street as minor cracks and distortions appeared. She stated that the earth movement recently has created an unst able area of the roadway in the southbound number 2 lane, which is now closed to traffic. She stated that in order to evaluate how to possibly repair and reopen the lane it is recommended that $150,000 be allocated to engage an engineering company for this evaluation and that the evaluation will determine a likely cause and be used to meet with Orange County Parks regarding their involvement in future repairs and their payment towards the costs.
She stated that the last project proposed to be added to the CIP is the Laguna Niguel Summer Trolley Program. She stated th at this program is already budgeted within the Public Works Department operations budget, but that the Orange County Transportation Authority (OCTA) has requested to add this project into the CIP. She stated that this is a requirement of the Measure M2 gra nt funds and that the City will be seeking reimbursement to pay 90% of the program costs. She stated that t he trolley is expected to initiate service in May and run through Labor Day weekend on Thursday , Friday, Saturday, and Sunday. She stated that the Trolley will run every 20 minutes from City Hall and connect to trolley services in Laguna Beach and Dana Point, as well as bus service on Pacific Coast Highway ( PCH). She then handed the presentation back to Director of Finance Hendrickson to conclude the report.
Finance Director Hendrickson stated that Staff recommends the City Council approve budget amendments related to property tax revenue, planning revenue & expenses, several capital projects funded by the American Rescue Plan funds, approve a purchase order for 2 new police motorcycles from the Vehicle Replacement Fund, and approve a resolution related to check signing. He stated that these recommended actions will result in a net positive impact on the General Fund.
Council Member Minagar asked how we were going to incorporate the current 6.5% inflation rate and account for the Federal Reserve inevitably raising the interest rate at least three times this year so that when we ratify the budget during the mid- year we are going to be financially in a sound situation.
Finance Director Hendrickson stated that inflation is running rampant and that the Federal Reserve is trying to rein that in by raising interest rates but that our budget process stays relatively the same. He stated that when we go out to project salaries and benefits that are governed by the Memorandum of Understanding (MOU) that’s already in place, we hold each department to the allocations that they have requested and were approved for.
He stated that if there are really any needs that come about later due to inflation and sky- high prices, we will bring that forth for any future budget amendments. He stated that we have the authority to move funds between expenditure accounts if one project is coming in under. He stated that we plan to budget appropriately and that sales tax is budgeted very conservatively and is likely to come in higher. He stated that we talk to our sales tax forecaster every quarter and the numbers are looking good even though they are
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impacted by inflation. He stated that we take all these things into consideration when the budget gets prepared this next upcoming season.
City Manager Letourneau stated that in bringing this report tonight we have analyzed all of our revenues and all of our expenditures for this fiscal year and that we believe we will meet our budget that was presented and adopted and that we will not exceed it even though we have increasing costs. She stated that we started the process of preparing the budget for the next fiscal year , we’re in the process of gathering all that information and analyzing it, and that we will bring that forward to the Council at the workshop in May for the following fiscal year. She stated that we believe we’re going to meet and have a balanced budget.
Council Member Minagar asked Public Works Director Scott about the water construction projects in some of the CIP brochures and how could there be an advertisement for a bid package when you don’t have the final design. Public Works Director Scott stated that the final design was completed before the Request for Proposals (RFPs) were advertised and that there was a typo in the CIP brochure.
Mayor Pro Tem Rains asked Finance Director Hendrickson if approving the purchase of the 2 motorcycles would mean approving it annually or would we be approving that every year in the budget process . Finance Director Hendrickson stated that it would be an individual method of approval every year and that the action tonight is a one- time action for purchasing the two motorcycles. Mayor Pro Tem Rains asked if this was a “heads up” on what will be recom mended moving forward and Finance Director Hendrickson confirmed that this was correct. City Manager Letourneau further clarified that it takes a long time for the motorcycles to be delivered and that’s why everything had to be moved up.
Council Member Sharma stated that he appreciated Council Member Minagar’s question and thanked Finance Director Hendrickson for his answer. He stated that we have a series of fixed expenses that we can readily calculate relative to the MOU agreement and what we know we’re going to spend, and then we have variable expenses that we can pull back on if needed to offset any unnecessary inflationary issues . Finance Director Hendrickson concurred with Council Member Sharma and stated that when we approve large contracts, you’ll see it for 5-year terms and we hold the contractors to those numbers even if inflation has risen.
Council Member Sharma stated that he wanted to clarify that we budgeted for $50,000 on the motorcycles , so you expect them to come in around $78,000 as a high end but there’s also the accommodation of trade- in value that might drop that from $78,000 to closer to $61,000. Finance Director Hendrickson stated that the $50,000 is the approval authority that we have to come to City Council for and that the gross cost for the motorcycles is $78,000 because it takes so long to build and deliver them. Council Member Sharma asked if Finance Director Hendrickson expects any price change between now and then or is it contractual. Finance Director Hendrickson stated that the trade-in value of three or four bikes may drop in value in the next few months and that in the meantime, the deputies are still driving the motorcycles , so the miles are going to increase, and the wear and tear is going to increase.
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Council Member Sharma asked Public Works Director Scott if the trolley system is going to bring all the people from Laguna Beach up to Laguna Niguel to spend their money.
Public Works Director Scott stated that indeed the trolley system would start right here at City Hall.
Council Member Sharma stated that he and City Manager Letourneau talked about the proposal for authorization to sign checks and the laborious nature of hand signing . He asked in regards to th e machine generated signatures if we have an understanding of what the machine generates, if it is a software program that tags your computer and registers the signer or how do we know what that process is . Finance Director Hendrickson stated that this is through our enterprise resource planning (ERP) software, where every year when the mayor switches over we upload the new mayor’s signature, so this process will add the automatic signatures. City Manager Letourneau stated that it is our actual signature that gets uploaded into the software system, into a very secure system, that can only be used on checks.
PUBLIC COMMENTS
There were no public comments for this item.
Mayor Gennawey closed public comments for this item.
COUNCIL COMMENTS
Mayor Pro Tem Rains stated that she is glad to see some of our systems being updated, like our phone syste ms and that we’re improving City Hall. She stated that most importantly she didn’t want both our City Manager and Mayor to have arthritis by the end of the year signing all those checks. She stated that we’re moving forward with the electric vehicle (EV) charging stations, that the auto dealers association has given their updates and that the increase in EVs and hybrids has helped offset the reduction in sales for gas powered vehicles. She stated that sales for gas powered vehicles was down 12% this last quarter but that EV sales were up about 27%, so this was a wonderful thing that we’ve planned for. She stated that the City will subsidize it to start but then there will be a process where it switches over to the people who are using it and asked Public Works Director Scott to further clarify. Public Works Director Scott stated that the first year that the EV stations are installed at the City facilities is a pilot program year, where we will make observations about the demand and the needs for electricity and then bring forward a proposed policy for the City Council to consider for future years . She state d that the pilot program year is built into the operations budget of the Public Works Department to fund the electricity that’s used off of the EV stations.
Council Member Sharma stated that he wanted to point out that the budget presentation is taking into consideration the increase in property tax revenues and that it is on our fiscal year, so it’s not looking 12 to 18 months out, it is looking at a very short-term window. He stated that the numbers being presented are very conservative and realistic rel ative to some compounding issues of home shortages or product shortages out there increasing inflation on property values. He stated that a lot of people are moving from the bay area
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down to Laguna Niguel to purchase homes. He stated that he also wanted to point out that he appreciates when we talk about items such as the increase in revenue relative to sales tax that we mention that it is due to inflation and federal stimulus fund spending. He stated that the money people got from the federal stimulus is being spent into the economy but that’s not going to last forever. He stated that he appreciated that in regards to the planning revenue and expenses that the offset is in the budget so that we’re not taking that into consideration as opposed to just mentioning that we have higher revenues coming in and forgoing the latter half of that equation. He thanked Finance Director Hendrickson for a comprehensive report.
Council Member Jennings thanked Finance Director Hendr ickson and Public Works Director Scott for a thorough report and for keeping a conservative nature to the budget.
She stated that we always seem to bring in more than we budget for, which is fantastic.
She stated that she is very excited to see the Summer Trolley Program back on and that the previous City Councils worked very hard on getting that into our City. She stated that she appreciated all the hard work and diligence in protecting the City and making great improvements to it.
Mayor Gennawey thanked Finance Director Hendrickson and Public Works Director Scott for the report and stated that it is always good when you can recognize an increase in tax revenues both in property tax and sales tax, so we’ve recognized that in this mid -year review. She stated that we are also putting some American Rescue Plan funds to work by upgrading our City Hall ’s A/V equipment and by evaluating the La Paz Road earth movement. She stated that she regularly sees on Facebook people wondering why they can’t drive in that one lane over by the regional park and it is because the earth is moving, and we need to study that and find out why it is happening and how to prevent it. She stated that the widening of westbound Crown Valley Parkway from the I-5 to Oso Creek was also part of putting those funds the City received from the American Rescue Plan to work. She stated that we prioritize public safety here in Laguna Niguel, so purchasing the two motorcycles helps our deputies with roadway safety and with their own safety by riding a motorcycle that is in top condition. She stated that she loves that our General Fund increase is $4.6 million, and our reserves are well above the minimum that is required by our City’s policy, so it’s always better to have more money than you need because we will find ways to return those to the taxpayers in a very planned out process that the City Council has agreed on for things that are in process. She stated that we will apply those funds to those in the future as we come up with our next year’s budget. She stated that in regards to the sales tax revenue projection, not only has there been a lot of money infused into the economy with dollars that have been sent out by the federal government but that some of the sales tax dollars may subside because some of that increase in prices are due to supply chain issues, which has caused a shortage of goods.
She stated that when we see the s upply chain issues resolve, we should see prices on some goods come down and that there’s been an increase in purchasing the last several months because people and businesses are restocking their shelves. She stated that she appreciated that there were ver y conservative projections for the property tax revenue because at some point it will plateau, and we won’t see it increase at the rate it has been.
She stated that as far as the check signing she thinks we have much better use of our City Manager’s time than to be signing all of those checks, which takes several hours after each Council meeting and she wanted to assure the public that the City Manager
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already looks at all of the checks that go out , that she is given a Warrant Register that has all of the checks on it and she looks at and signs that warrant.
A MOTION was made by Council Member Jennings , seconded by Council Member Minagar, to:
1. Approve the following FY 2021/2022 budget adjustments:
Revenues
a. Increase property tax revenue in the amount of $360,106 (General Fund). b. Increase planning revenue in the amount of $178,600 (General Fund). c. Recognize grant revenue for the Summer Trolley Program in the amount of $59,816 (Measure M2 grant funds).
Expenditures
a. Appropriate $178,600 of planning expenditures (General Fund). b. Appropriate $150,000 for the La Paz Road Earth Movement Evaluation (American Rescue Plan funds).
c. Appropriate $600,000 to expedite the City Hall Audio- Visual Equipment Upgrade Project (American Rescue Plan funds).
d. Appropriate $750,000 for the Crown Valley Westbound Widening I -5 to Oso Creek Project (American Rescue Plan funds).
e. Appropriate $59,816 for the Summer Trolley Program (Measure M2 grant funds).
2. Approve a Purchase Order with Long Beach BMW for two police motorcycles in an amount not to exceed $78,113.17.
3. Approve Resolution 2022- 1377, updating procedures for the approval of payment instruments by the City, authorizing specific City officials to sign checks by facsimile signature, and allowing handwritten signatures on those instruments in specified situations.
Motion carried 5-0
2. Introduction of Ordinance No. 2022 -212, Amending the Laguna Niguel Municipal Code Related to the Military Support Committee
Deputy City Manager Martin stated that the discussion item before the Council this evening was related to an update to the Laguna Niguel Municipal Code section on Boards, Commissions and Committees, and more specifically to amend the provisions of the City’s Military Support Committee. He stated that this item and the provisions included in it were established at the request of the Council during the January 18th City Counc il meeting. He stated that during the City Council meeting held on January 18th, the City Council considered several updates and amendments to the provisions of the Municipal Code related to the Military Support Committee and that after public comment and discussion, the City Council did not take action to adopt the presented updates and
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amendments. He stated that the City Council did however direct staff to return to the Council with a new list of Municipal Code updates for the provisions related to the Military Support Committee. He stated that the provision updates include t hat the appointment and removal of members of the Committee be completed by the City Council rather than by the City Council liaisons to the Committee; that the City Council liaisons t o the Committee shall serve as non-voting advisory members of the Committee and no longer as Co-Chairs; that the members of the Committee shall select the Chair and Vice Chair of the Committee; that the Municipal Code provisions related to the listing of s pecific adoptive military units be updated; and that the City Council make all future designations of which military units are to be supported by the City and the Committee. He stated that we would first discuss the appointment and removal of members of the Committee by the full City Council, rather than by the City Council liaisons to the Committee and that at current, the appointment and removal of all Military Support Committee members is the sole responsibility of the committee Co-Chairs. He stated that the request was to amend this process to make it identical to all other Committees and Commissions and that the recommendation is to appoint and remove all Military Support Committee members through vote of the entire City Council. He stated that the rationale behind this request is to create uniformity in the member appointment and removal process, during a public meeting, that includes a vote of the majority of the City Council.
He stated that the next item being considered is for the two City Council Liaisons to serve as non-voting Advisory Members, and no longer as Co-Chairs to the Committee and that at current, two City Council members are appointed by the City Council to serve as Co- Chairs to the Committee. He stated that the Co-chairs lead t he Committee through the business of each meeting and through implementation of guidelines. He stated that the request is to shift from City Council appointed Co- Chairs, to City Council appointed liaisons and that the recommendation is to no longer have City Council liaisons serve as Co-Chairs, but to instead serve as non-voting advisory member liaisons to the Committee.
He stated that the rationale behind this request is to make the City Council liaison structure match that of the other Commissions and Com mittees, excluding the Investment, Banking & Audit Committee, resulting in a non- voting advisory role by the liaisons, and the appointment of a Chair and Vice Chair from the Committee membership.
He stated that the next update we will discuss was for the members of the Committee to now select the Chair and Vice Chair of the Committee from its members and that at current, the Committee is Co- Chaired by two City Council members. He stated that the request is to have Committee members, who are selected by the Committee, to serve as Chair and Vice Chair of the Committee and that the recommendation is that the Committee members, within 45 days of the effective date of the proposed Ordinance, select a Chair and Vice Chair from the appointed, voting members. He stated that this can be done during a regular Committee meeting, and that the selected Chair and Vice Chair serve through the end of the current 1- year term. He stated that the selection of a Chair and Vice Chair will continue to be made annually thereafter and that the rationale behind this request is to make the Chair and Vice Chair structure match that of the other Commissions and Committees.
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He stated that there are several revisions to update the Ex Officio Members’ and ‘Duties of the Committee’ Sections that pertain to the Listing of Specific Adoptive Military Units.
He stated that the Municipal Code currently lists the City’s adoptive military units as being the USS McClusky and the USMC 1/4 and since the Committee’s selected adoptive units have changed with the retirement of the USS McClusky, language is being recommended to remove reference to the specific units and to become broader, so any future adoptive unit change does not need to be made to the Municipal Code. He stated that the request is to remove reference to past, current, and future adoptive military units in the ‘Ex Officio Members’ section and in the ‘Duties of the Committee’ section and that the recommendation is to include the phrase ‘City Council’s selected adoptive military units’ in all provisions that include specific reference at this time . He stated that this language will clarify that it is the role of the City Council to make all future designations of which military units are to be supported by the City and the Committee. He stated that the rationale behind this request is to avoid having to adopt future ordinances to update the Municipal Code, should adoptive military units be changed in the future, and to clearly designate the authority to select adoptive military units to the City Council.
He stated that to fully update the existing provisions of the Municipal Code related to the Military Support Committee, staff has prepared Ordinance 2022- 212 and that the Ordinance as presented includes language which serves to amend all of the items that have been discussed this evening, and that are included in the staff report.
With this, I will review the recommendation as is proposed, which is to waive full reading, make any amendments to, and introduce Ordinance No. 2022-212 by title, and direct that the proposed Ordinance, with any changes to it, be placed on the agenda for the February 15, 2022, City Council meeting, with adoption of the Ordinance at that meeting.
Mayor Pro Tem Rains stated that the report says for the Committees and Commissions to be the same and asked if the Youth Committee is not appointed by the full body of the Council. Deputy City Manager Martin answered that this is correct. Mayor Pro Tem Rains asked who were the Co -Chairs for that committee and Deputy City Manager Martin answered that the Co- Chairs are selected from among the members of that committee.
Mayor Gennawey stated that yes, the Co- Chairs are selected from the committee and that she and Council Member Jennings are the Council Liaisons . Mayor Pro Tem Rains asked if Mayor Gennawey and Council Member Jennings appoint the Youth Committee and Mayor Gennawey answered yes. Mayor Pro Tem Rains stated that given this, the proposed changes would not make the Military Support Committee the same as all the other Committees and Commissions and that she wanted to clarify that because the rationale says that it’s to align with all other Committees. Deputy City Manager Martin clarified that he did mention the Investment, Banking and Audit committee in the rationale language. Mayor Pro Tem asked if they are appointed by the full council and Deputy City Manager Martin answered that was correct. Mayor Pro Tem Rains further reiterated that the Youth Committee is not appointed by the full City Council and Deputy City Manager Martin concurred that this was correct.
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Council Member Minagar asked City Attorney Ennis how we can protect the City from any volunteer committee members who may cause harm for the City and not serve the needs of the military. City Attorney Ennis stated that it is appropriate for the committee to have guidelines and training about the roles and duties of committee members within the City and fundraising events and other activities. He stated that the activities are within the coverage of our joint powers insurance authority’s memorandum of coverage.
Council Mem ber Minagar asked if in preparing this ordinance were other non- profit military affiliated committees or organizations looked into just to make sure, since we are improvising, enhancing, updating, and upgrading the rules and regulations and policies of the Military Support Committee, that we are not missing anything else. Deputy City Manager Martin answered that there was no additional research in regard to additional cities that may have a similar structure for a military -based committee in comparison to the additional committees and commissions that are listed in the municipal code.
Council Member Minagar stated that in reference to bullet item number three on page two of the proposed first reading of the ordinance where members of the comm ittee shall select the Chair and Vice-Chair, he wanted to make sure that the reason we went through all these discussions during the last meeting of the City Council and the reason we are updating, upgrading, and revising the policy that the composition of the Military Support Committee would be in such a manner that we have military individuals, former military personnel, that are present. He stated that he wanted to make sure that somehow we include that it would not be a political type of committee, that it would be a committee serving military personnel and appreciating the troops, the sailors, the soldiers, and the U.S. Marines. He stated that he wanted to make sure that we understand the mission, the goal, the objective of the committee , so how do we fine tune the selection of the Chair and Vice- Chair. City Attorney Ennis stated that if the committee were given this new arrangement, the committee could adopt guidelines for the selection of a Chair and Vice- Chair from among them, specifically, if the committee feels that it’s important that a Chair or Vice -Chair have certain experience or have certain military experience. Council Member Minagar stated that at least one of the Co-Chairs should have military experience so that they can bring in more values to the committee. He asked if this would be after we ratify at the second reading. City Attorney Ennis stated that the Council co uld, tonight, insert a clause into the proposed ordinance to provide that when the members are to select their Chair and Vice-Chair, they should take into account and make sure that one of their members has past military experience or other comparable experience, or that the Council could introduce the ordinance as presented with direction that the committee itself add to their guidelines such a provision. Council Member Minagar stated that, subject to his colleagues’ support, he did not want to limit the best individuals who want to serve the City and military personnel, so we need to be cautious of how we are going to frame the verbiage, because we don’t want to deter people who don’t have military experience but still want to go to the camps and bases, support the car washes, and raise money for the Military Support Committee, from volunteering. He stated that we need to either discuss it or think about it for the next meeting. He stated that in regards to Council Liaisons to the committee being appointed by majority vote of the full City Council , if someone is absent then it’s not going to be the full council unless we change it to say ‘present’.
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City Attorney Ennis stated that it could be clarified to be a majority of the quorum of the Council, so that if there’s only four members present at the time, three members could make that selection. He also stated that with respect to Council Member Minagar’s proposal to have the Chair and Vice- Chair have partic ular experience, that could be added to the ordinance or you could ask the committee to put that in their guidelines but that every committee and commission has different membership, experience, and capabilities, and each committee and commission may at times find certain types of experience to be important for what they’re doing and at other times not so much. He stated that some flexibility might be helpful.
Mayor Gennawey stated that from her experience on the committee , it’s a committee of 20 members and usually about half of the members are former military and you also have, as Ex-Officio members, you have the family readiness officers from the adopted units there to set the par ameters of what can and can’t be done. She stated that many times at the meetings you may have the commanding officers from the units as well.
PUBLIC COMMENTS
Carole Allen stated that she was going to request and urge the Council to vote yes on the ordinance but now there are some things that have been adjusted or added so she was unsure if she could urge the Council to vote yes on the ordinance as written anymore, but on behalf of the committee, she di d urge them to vote yes on the committee members choosing their own Co- Chairs. She stated that she was not chosen to serve on the committee after 15 years of serving at every single event since 2007.
Lynn Hoskins stated that she just started serving her third year on the Laguna Niguel Military Support Committee and she wanted to voice her strong support for the amended Military Support Committee ordinance. She stated that the amended ordinance would allow us to function as other City committees do with the exception of the Youth Committee and that the transition to Chair and Vice- Chair selected by Military Support Committee members would be a smooth transition . She stated that we have several outstanding leaders on the committee who are military veterans who deserve the chance to lead. She stated that voting yes on the amended ordinance would also bring an end to the worry that so many committee members are feeling right now about not being reappointed in spite of their dedication and valuable contributions.
John Davidson stated that he was a writer, producer , director, former journalist, and business owner who’s interactions with the City Council began in 2020 when he sent an email about this weird virus that was coming. He stated that he devoted a lot of his efforts to fraud research and researching the role of government in private, non-profit business, and has done documentaries on issues with the U.S. Food and Drug Administration (FDA). He stated that he got the FDA to admit that they dosed us with polio vaccines that were infected with a virus that causes cancer, which means cancer is contagious. He stated that in his research he has discovered that non- profits are not always on the up and up , and that receiving gift cards as donations is a red flag to the Department of Justice. He stated that he did not think it’s the business of the government to support non- profits and that doing so you can actually harm them.
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David Tuma stated that having term limits for the committee would be detrimental for all of us, a lot of us who are on the Military Support Committee have spent years building up a rapport and a relationship with our adopted military units and the city residents and businesses, and that it is not right to tell someone who is doing a great job on a committee that they need to leave. He stated that the members who were not allowed to come back has hurt our team and that the knowledge they have is gone. He stated to please vote yes on the ordinance to keep our military team strong.
Mayor Gennawey closed public comments for this item.
Mayor Gennawey stated that this ordinance will make the committee work effectively, and that it will bring it in line with our other committees , because the Military Support Committee is like our other comm ittees, but it is not. She stated that her concerns and why she brought this forward is that number one, City Council members are elected to be policy makers, and that’s what they should be doing and that’s what we do as Council Liaisons to our City Committees, not as chairing charitable work. She stated that we have incredible members of our community who are well qualified to do charitable work . She stated that Military Support Committee historically has had about half of its members be former military, that they know what they are doing and they love doing it, and that it takes time to build up those relationships . She stated that in changing how the appointments are made, it relieves the burden from two Council members to make those appointments and it makes the decision the decision of the full Council, so that the community knows that this decision has the backing of the entire City Council. She stated that this committee has the most interaction with the public out of all of our Committees, and that most of our City committees the public doesn’t see who those appointees are, so if we have people in the community as representatives of the City doing this work of benefiting the military units that the City has adopted, the City Council should have a say and should be able to see them and appoint them. She stated that in regards to the changing of the language, she was concerned when she saw that language when it said “Committee selected units”.
She stated that the Committee does not select the adopted m ilitary units and that they are adopted by the Laguna Niguel City Council, so we need to be consistent with that.
She stated that the committee members are business leaders and former military officers who are capable of handling a meeting, that each unit has their family readiness officer at the meetings, many times with the commanding officer present, and that this addresses Council Member Minagar’s questions regarding checks and balances and following military protocol and procedures. She stated that’s why those military representatives are Ex-Officio members of th ose committees and there is a very strict process or protocol regarding the funding and approvals from the Military Support Foundation, to protect their nonprofit status. She stated that when the Committee started it made sense to have City Council members co-chairing to make sure it aligned with the City’s vision of having an adopted unit but now the Committee has worked well for many years and it’s time for the Committee members to take over that responsibility. She stated that at the last meeting it was stated that the Committee only had an administrative secretary, but that is not correct, the Committee also has a management analyst to provide Staff support to the Committee and make sure that it is following what the City protocols are and that it represents the City well. She stated that the changeover from Co- Chairs to Committee members selected Chair and Vice-Chair needs to proceed as stated in the ordinance and that any delay on it would not benefit the military members and their families nor the City.
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She stated that for this Committee everything we look at needs to be seen through the prism of does it benefit our military members, does it benefi t their families, and does it benefit the City. She stated that a delay would negatively impact the benefit that is delivered to the military and their families because when we’re looking at the time in their activities, a lot of that is back loaded in the second half of the year. She stated that when Mr. Ming was talking about the funds raised by the Military Support Foundation, they average about $50,000 a year but they’ve had difficulty in spending that money because there are very strict requirements as to what the military will allow , so the emphasis on increasing the fundraising may not be appropriate for this Committee and that’s something that these Committee members should discuss. She stated that all the things captured in this ordinance benefit the military members, benefit their families, and benefit the City, and that’s why we should proceed with it as written. She stated that she hopes this answers Council Member Minagar’s questions and concerns about how the committee would follow the protocols of the military.
Council Member Minagar stated that in reference to his question about the full City Council, he asked City Attorney Ennis if this was a cosmetic change. City Attorney Ennis stated that there could be an easy text change to replace two words with “quorum of the”.
Council Member Minagar stated that from a global perspective, this is the first reading of the ordinance and on February 15 we are going to have the second reading and final reading of this very important revision to the Military Support Committee. He stated that if we can finalize these minor adjustments, then he would be in favor of the overall ordinance tonight.
Mayor Gennawey stated that with that language, they are changing the language to a “quorum of the”. City Attorney Ennis stated that it would read “shall be appointed by the majority vote of the quorum of the City Council” instead of “by the majority vote of the full City Council”. Mayor Gennawey stated that we can amend those words tonight.
Council Member Minagar stated that Mayor Gennawey responded that 50 percent of the composition of the Military Support Committee is already military . Mayor Gennawey stated that approximately over the years, yes. Council Member Minagar asked which one is accurate. Mayor Gennawey stated that there’s a new Committee. Council Member Minagar stated that for the record he wanted to understand how many member s do we have in the Military Support Committee at this junction, how many are military Ex-Officio, meaning non-voting members that are coming from the military bases, and how many are residents of this City that just want to volunteer and serve our militaries. Mayor Pro Tem Rains stated that there are 18 members , three of the new members have military experience, and an additional three other members have military experience. She stated that members that weren’t reappointed were not military service members, so about 6 of the 18 members have military service. She stated that this is because the members that applied who did have military service were all appointed.
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Mayor Gennawey stated that in regards to the Ex -Officio members, that each adopted unit has a family readiness officer, they may have a different title in the different military units, they have a commanding officer, and they have a family support group liaison. She stated that dep ending on whether or not the commanding officers are deployed or available, they usually have at least four at each meeting but that all of the activities do need to go through the approval of the Ex -Officio. She stated that when they’re doing a request for an activity or funding it shows on the form that they’ve received approval from the command. Council Member Minagar asked if that’s been the protocol over the past number of years. Mayor Gennawey concurred that it was. Council Member Minagar stated that he wasn’t looking for a hardcore 50/50, and that as long as we have a number of military individuals with military expertise, he would be satisfied with that.
Mayor Gennawey asked City Attorney Ennis for that change in language, do we need to have an amendment or can we by consensus change that language. City Attorney Ennis stated that when you’re ready to complete your discussion and you are to consider introduction, the amendment to Section 2-3.21 paragraph B, second sentence, the words “the full” to be replaced with “a quorum of the”, so that the sentence would read “two members of the City Council shall serve on the Committee in the non-voting and advisory role as liaisons between the City Council and the Commi ttee and shall be appointed by the majority vote of a quorum of the City Council”. He stated that would be how the second sentence of paragraph B would read if you accept Council Member Minagar’s suggestion.
Council Member Sharma stated that he enjoyed working with the Military Support Committee members, that a number of them were in the audience tonight and he wanted to thank them and acknowledge their friendship. He stated that over the several years that he’s worked together with the committee members he has come to appreciate them as individuals and as valuable members of our community. He stated that to make a case in presentation, there’s a lot of adjectives or colloquialisms that are used, and that this is unfortunate because doing that drives an emotional based outcome in people’s analysis of theory or of a presentation that’s being made. He stated that this creates a logically fallacy in that if you say something is unique or great or different or they’re hard working “X”, and then modified or supported by “Y”, if you take a contra position to “Y”, you therefore by default no longer believe in “X”. He stated that he totally believes that this is a hard-working group, that this is a unique committee, and that all the things we do for the military services members and their families is incredible but that we’re asking the wrong question or putting the wrong precipice forward. He stated that rather than discussing whether it’s unique or different or should it be compared to this or that committee, we should be asking three simple questions. He stated that the first question is, is it in the best interest of the City to make these changes or any changes, the second is, does it serve the military to the capacity that our mission statement suggests , and if the two aforementioned answers are “no”, is there a better way to have the activities and engagements performed. He stated that giving some background was really important to have perspective on where we find ourselves today and to the point that he references current or former colleagues is to only give an understanding of who said what and when.
He stated that the removal procedures that are part of our Municipal Code, specifically Section 2-3-11 on removal of members, provides that “members of commissions, boards, and committees serve at the pleasure of the City Council and any member of this commission, board or committee may be removed from membership on the commission,
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board, or committee before the expiration of his or her term and without cause or reason by 4/5 vote of all the members of the Council ”. He stated that as part of that process, if an individual is removed from a committee, that needs to be agendized on a City Council agenda, and they have to plead their case, and trial by jury they’re either accepted to stay or they leave, that’s the default mechanism that was in place prior to September 4, 2018. He stated that he would give more specific information relative to the video if you want to go watch the replay at minute 35. He stated that at that time, the Mayor was Mayor Gennawey, and she placed this agenda item on the Council to discuss and it read “from time to time over the years, situations have arisen where it is the best interest of the City and Military Support Committee to remove certain members from the Committee” .
He stated that the Co-Chairs at the time, Mayor Gennawey and Council Member Davies, had been hesitant to involve full City Council in such matters, and that they believed it would be more effective and efficient for the Co- Chairs to have authority to remove members of the committee. He stated tha t they proposed that the Co- Chairs have exclusive authority to remove members from the committee . He stated that she then continued “the difference in this committee”, which is again the justification that’s being presented today , “is this committee is one in particular values versus other City commission and committees that are appointed by City Council as a whole. The Military Support Committee, those members are appointed by two co -chairs so the removal process should be the same as the appointment process”, which at that time the two co- chairs had sole appointment authority. He stated that the resolution, when it was drafted to make that change in the selection, there was no mention of the removal process, so it defaults to the City code for all the other committees. He stated that then Council Member, Former Mayor and Co-Founder of the Military Support Foundation, Linda Lindholm, stated “you might want to change the timelines of appointing committee members . When their term is up, you simply don’t reappoint them”. He stated that at the time, Council Member Minagar said “In my opinion, the court of public opinion, public perception would be very critical and I 100 percent agree with my coll eague Councilwoman Linda Lindholm ”. He stated that Mayor Gennawey then stated “Just for clarification, the issues of liability that we are talking about, such as leasing vehicles for City activities when you have no authority to lease vehicles, the use of gift cards and cash, that’s where our concern is in putting the City in certain positions”. He stated that then Mayor Pro Tem John Mark Jennings stated “I am understanding that from the municipal code right now that if we want to remove somebody from the c ommittee we would have to agendize on the City Council and come that direction but that malfeasance” , referencing what Mayor Gennawey said, “to the extent that that was the thing that removal caused, that may be a separate process and then get reported”. He stated that the Council then voted 5-0 to move this item to a deeper review of all committees and all commissions and return with a thorough analysis of the options . He stated that it is important to note that at this juncture, that the premise that was the removal process should be brought in line with the appointment process, not the other way around. He stated that removal brought in line with the appointment process, the rule stated that the two Co-Chairs could reappoint but they couldn’t remove, it had to go back to full City Council vote. He stated that there were already two processes for removal at the time, the non-renewal of an appointed individual and the aforementioned 2-3-11 trial by jury. He stated that on September 17, 2019, there was the first reading of Ordinance 2019-198, and that it took a year for the City to review and analyze the coordination of all the committees and the only thing that was changed was a minor revision including the option of making a one-year appointment rather than
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two-year appointments. He stated that it took a year to make that change. He stated that on October 1, 2019, Ordinance No. 2019-198 passed with a second reading approval of 5-0, waiving the full reading, leaving the management of the Committee members in the hands of the Co-Chairs and that there were no further questions from Council Members regarding the previously mentioned liabilities presented by Mayor Gennawey . He stated that on January 21, 2020 with the introduction of Ordinance 2020-203 again amending the Laguna Niguel Municipal Code related to the Sports Advisory Committee and the Military Support Committee. He stated that the statement read during the September 4, 2018 City Council meeting, the City Council considered amending the procedure for removal of members of the Military Support Committee and that after discussion the City Council directed staff to further review the provisions of all commissions, boards, and committees including how to address committee member removal a nd to return the City Council at future meetings with recommendations. He stated that staff returned to the City Council with a comprehensive City commission, board, and committee update but the procedure for removal of members of the Military Support Comm ittee was “erroneously not included”. He stated that after a year of review there was plenty of opportunity not to have erroneous omissions. He stated that while the Military Support Committee and the Youth Committee match in the member appointment process , they did not at that time, currently match the member removal process. He stated that given this, staff recommended that the Military Support Committee mirror the Youth Committee in the procedure for removal of members and that this would result in the City Council Liaisons, also know as Co- Chairs, to the Military Support Committee having sole authority to remove any member from the Committee before the expiration of their term with or without cause or without reason. He stated that this mirrored the Youth Committee. He stated that, again, recommending full reading, Council Member John Mark Jennings gave a presentation on the Sports Advisory Committee, which was then subsequently removed from our committees of the City, and then made a motion to pass t his, Council Member Gennawey seconded, and 5-0 in favor. He stated that again, no discussion or mention as to the associated liabilities that drove this item September of that prior year and no further discussion of alternative means to remove committee members such as previously updated appointed renewals. He stated that on February 18, 2020, a second reading passed, so 5 attempts, 18 months of time and he stated he imagined that that was a little bit of money there. He stated that Mayor Gennawey, in response to this Ordinance 2022- 212, wholly rejected the proposed components of the ordinance and instead replaced it , in part, with appointment and removal of Military Support Committee members , again changing what she spent 18 months fighting for initially. He stated that this change would then move the process back to simply either non-renewing or trial by jury. He stated that as he goes back over the history of this , we spent a lot of time on this going back and forth, certainly additional cost s for staff time and we still haven’t answered three questions; best interests of the City, does it serve the military, is there a better way to have these activities performed. He stated that he wanted to reference the League of California Cities publication entitled “Creating and Operating Non-Profit Organizations” by Coates, Jenkins, and Haugen. He stated that they mention in there commonly cited motivations to engage 501(c)3 organizations include expansion of public service and programs with alternative sources, shift liabilities from the City to private entity, engage a non-governmental neutral intermediary or independent contractor, and to operate outside the restrictions, such as the Brown Act, applicable to government agencies . He stated that we have s everal organizations in our City that operate that way right now, such as
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the Chamber of Commerce, Friends of the Library, Mercy House, and the Botanical Gardens. He stated that in his research, not-for-profits are responsible for managing their own volunt eers and that cities can coordinate with 501(c)3s and assist with grants, permitting, licensing, and use of city facilities . He stated that specifically identified are services that value or give back to the public and save the taxpayer monies for public services that they would have otherwise received. He stated that it is a more efficient and non-laborious or non- legislative way of handling engagements . He stated that allowing charitable entities to operate independently outside of the City, absent the same onerous regulations applied to municipalities provides bigger and better opportunities for these entities. He stated that the proposition that this amendment would somehow bring additional substantive structure to this Committee is both misguided and falls short of the conversation that we should be having. He stated that the conversation we should be having is does the Military Support Committee belong as a managed unit of our City or would it be best served to be operated outside of the City un der the Military Support Foundation. He stated that he had conversations with Linda Patterson, founder of America Supporting Americans (ASA-USA), who has 50 years of experience assisting more than 300 cities establish relationships with adopted military units . He stated that many cities adopt a unit or units through ordinance, as we have done, provide grants and support, and then utilize outside 501(c)3 entities to manage the volunteers and structure.
He stated that she said it’s really the way to do it, it leads to greater efficiencies and accountability, there are so many more things available when you can access the whole community. He stated that we have not had the foresight to have a broader, more in- depth and analytical conversation about what’s being presented and he’s left with asking the questions about what’s in front of us today. He stated that the processing of this presentation, number one, was pushed out in 10 to 15 days versus the months of engagement previously mentioned, and number two, there has been no due diligence performed nor presented as to the inherent liabilities associated with changing the Co- Chairs and subsequently appointing members within the Committee to serve those roles.
He stated that the legal review of the staff report simply states “the City Attorney’s Office has approved the report 2022- 212 as to form” . He stated that number three, when members of the committee were interviewed, this was not part of the interview process and therefore as the roles and assignments chan ge, so do the commitments volunteers make. He stated that number four, there is no outline as to standard operating procedures presented, that there is a request to change the structural operations of this committee but nothing outlining, detailing what that would look like infrastructurally. He stated that the only justifications that are presented here is one, this Committee is unique, which we can all agree to, and two, to align this Committee with other City Committees , which is still not yet accomplish ed. He stated that number five, there’s been no liability study to guide the members of this Council on making an informed decision relative to the actions of members from our community acting on their own and on behalf of our City , in and outside of the C ity. He stated that number six, where is our study as to the additional costs associate with said transactions and that presently, we spend in the allotted staff time and grants, nearly $20,000 a year. He stated that number seven, from a historical perspective in which he presented an ill-conceived, about-face in operational standards, we spent 18 months fighting for one direction and now we’re switching it immediately. He stated that seeing that we’ve been presented with rationale used previously to keep this entity separate in its operations , we are now presented with an identical argument to change them yet again. He stated that number eight, there is no best practices analysis
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looking at other like-minded cities to ensure that we are adhering to best practices , we are not the only City with a Military Support Committee but we are one of the few cities that operate in this manner. He stated that “unique and independent” are not appropriate substitutes for the assumption of legal liabilities, and that additionally suggesting that we do things differently in Laguna Niguel cannot be a justi fication. He stated that number nine, this process should include a review of policies and procedures for all volunteers for risk management and statutory compliance purposes and that number one absence of general tort liability language has not been presented, and number two, have we met with and conferred with labor law to outline the scope of representation. He pointed out that in 2019 we had a member of the Committee incarcerated for driving under the influence of alcohol and drugs and there may have been a death involved, and additionally in 2019 we had one member of the committee who was an employee of the City and that should an accident have occurred, where was the clarity as far as responsibilities were concerned. He stated that number ten, why are we only looking at committee versus committee structural comparisons and not asking why this not -for-profit entity should or should not be operated in this manner. He stated that number eleven, where is our legal analysis discussing, amongst other things, discriminatory behavior, behested payments, pay-to-play, quid- pro-quo, and undue influence. He stated that if our goal is truly to support the military, we have not accomplished this in what’s being presented or amended here tonight . He stated that he has thoroughly enjoyed the engagements both as a Committee member and a Co-Chair, that he treasures the work that we’ve done in our community and that he truly, truly values his friendships . He stated that with this, his foundational responsibilities, the prism with which he has to assess these engagem ents has changed as a Council Member and that’s what he has to keep first and foremost in mind. He stated that to quote Mayor Pro Tem Jennings from September 2018 , “I’m interested in that if there is malfeasance, we need to exercise everything at our disposal to take care of that ”. He stated that he assumed that that would include proactive management analysis as well as engagement and that without adequate comprehensive analysis of the aforementioned, he simply cannot vote in favor of what’s being proposed this evening.
Mayor Pro Tem Rains stated that she really appreciated all the questions and comments from all her colleagues, and she did have some things to share. She stated that as a mother of an active-duty service member that she has personal and intimate knowledge of the value of military support units and what they provide. She stated that this mission to support the military is one of great honor and respect and this commitment is valued across the country. She stated that when this committee was formed in 2008, its mission was to serve the military and create an organization that included community involvement.
She stated that she has great respect for the volunteers of this organization, past and present, and that she believes the goal of our City should be to enhance the efforts of this Committee and create autonomy for the Committee to function in the future. She stated that she was honored to be appointed as the Co- Chair of this Committee because she fully supports the mission behind this C ommittee, as many of the members do as well.
She stated that after experiencing the backlash from colleagues, Committee members, and foundation members, for difficult leadership decision that she and Co-Chair Sharma made, she had to take an introspective look back and see if the mission of the Committee was still being served for its greatest purpose. She stated that during the past two weeks she’s had a lot of reflection and a lot of time to do research on how sister cities operate
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and function with their adopted military units. She stated that she met with several of them, Mission Viejo, Dana Point, Irvine, and Newport Beach, and the key factor she found was that every one of them functions as a private foundation through their 501(c)3 board of directors and they can recruit unlimited volunteers to expand the service given to the military members and their families. She stated that in reviewing our guidelines and the proposed discussion item for our municipal code changes, she discovered that current proposed action does not include the complete changes that would be needed to protect our City from liability. She stated that she had some concerns associated with the new behested payments rules according to California law and would like to ask City Attorney Ennis a few questions. She stated that her first question is, since the appointed Committee members are agents of the City government based on our appointments to the Committee, are they subject to behested payments reporting. City Attorney E nnis stated that no, they’re not elected by the voters of the people of Laguna Niguel . Mayor Pro Tem Rains asked City Attorney Ennis is it an appropriate role for the Committee to be fundraising as agents of the City for a non- profit. City Attorney Ennis s tated that for clarification, she was specifically asking about whether it’s appropriate to have a City Committee assist in the raising of funds for a non-profit. Mayor Pro Tem Rains concurred that this was exactly what she was asking. City Attorney Ennis stated that first, the Military Support Committee of the City of Laguna Niguel is given certain duties and responsibilities and they’re listed as seven: to maintain continuous communication and contact between City representatives and various military units ; plan, organize, and conduct programs and special events to support personnel and families of those units; represent the City at ceremonial and social events upon invitation; raise private funds and donations to support the Military Support Foundation’s mission; provide periodic updates to the Council; and other duties. He stated that the Committee has a variety of duties in addition to just raising funds. He stated that the City of Laguna Niguel does provide Staff support in the form of preparing agenda packets for the Committee meetings, taking minutes, and other administrative functions, but the City of Laguna Niguel itself does not contribute money t o the Military Support Foundation. He stated that the City does not specifically budget, write a check, or otherwise appropriate funds that go directly to the Foundation.
Mayor Pro Tem Rains stated that the City does have a budget for operating expenses for the Committee, and the Committee directly does solicit and raise funds. City Attorney Ennis concurred that this was correct. He stated that to the extent that Mayor Pro Tem Rains just noted, that is one of its purposes, to assist in the raising of funds for the Foundation and that it is not against the law for a municipality to provide assistance to charitable, non-political groups that provide service to the community . He stated that as long as there’s a public purpose served by the expenditure of Staff time and resources to support the Committee, then the Committee’s efforts to support the Foundation is not an improper or illegal gift or inappropriate use of public funds. He stated that it’s important to take into account other ways the City supports n on-profit entities that serve a public purpose in the community , for example, as was indicated earlier, the City provides substantial area of the park for the benefit of the Laguna Niguel Botanical Preserve Foundation, so the City is using City property and also City expenditures for the benefit of that particular foundation.
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Mayor Pro Tem Rains stated that the City of Laguna Niguel owns the property and the Laguna Niguel Botanical Preserve Foundation raises funds to do work at the property, so she thinks it’s the other way around, and her other question is that benefits the entire community of Laguna Niguel, so when we refer to the public, public funds, and even any of our grant money that we give , generally, that money has to have a certain level of actual Laguna Niguel residents that benefit from it in order for us to do that, is that correct.
City Attorney Ennis stated that it needs to have a public purpose of serving the interests of the community. Mayor Pro Tem Rains stated okay, for the co mmunity, for which taxpayer dollars are being used, is that correct . City Attorney Ennis stated that this was correct. He stated that another example is the Historical Society, which uses space at the Crown Valley Community Center , and there are monetary contributions to the Laguna Niguel Chamber of Commerce. He stated that these are examples of permitted and lawful use of City resources for the benefit of a private, non-profit organization that serve a public purpose in the community, so, with re spect to the Military Support Foundation, the City does not provide City money or City property for its operation. He stated that the City does provide Staff assistance to the City’s Committee, which in turn does raise money for the Foundation as one of th e Committee’s purposes. He stated that in return, the Foundation takes the necessary steps of accounting and filing to allow the Committee’s fundraising activities provide tax exemption for contributors. He stated that bottom line, in his opinion and based upon his review, it is not illegal , unconstitutional for the City to provide this type of staffing support to the City’s Military Support Committee.
Mayor Pro Tem Rains asked City Attorney Ennis what is the liability to the City if we only fundraise for this nonprofit and not any other nonprofits specifically related to the California Constitution Article 16 Section 6, which clearly defines the role of our City as it would be illegal to use public funds by helping a nonprofit to raise funds. She asked could this activity create exposure for future liability to the City. City Attorney Ennis stated that he will look at that issue, since a specific article and section of the California Constitution was raised, of which he did not review yet. Mayor Pro Tem Rai ns asked City Attorney Ennis to reach out to District Attorney Todd Spitzer’s office to confirm that they way the relationship between our Committee and Foundation is set up does not create a liability for our City. She stated that there is no other city t hat she found in Orange County that actually operates this way. City Attorney Ennis stated that he would do so and stated that in his experience and based upon the examples he indicated, it is not improper, illegal, or against criminal law for a city to provide support to a nonprofit that provides public services to the community.
Mayor Pro Tem Rains stated that it is not illegal for us to provide resources or support, but we’re actually appointing a Committee within the City that is fundraising specifically for only one nonprofit and that there’s a little bit of a difference there and she would like more detail on that . She stated that she understood that City Attorney Ennis was not prepared to answer all of her questions and that she appreciated his answers. She stated that at the last meeting it was clearly stated that City Council members are policy makers and not fundraisers and again tonight it was mentioned. She stated that none of our other Committees or Commissions fundraised, and that the Military Support Committee’s roles and responsibilities stated in Section 2423-3 of the policies and procedures, Item E, is to solicit and raise private funds and donations to the Military Support Foundation’s mission to support the City’s adoptive relationships. She stated that she couldn’t agree more with
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the fact that we’re faced with a real challenge. She stated that after having time to reflect and research, she did not feel it was an appropriate role f or any of the City Council members to sit as Co -Chairs or Liaisons on this Committee and that we should not be using taxpayer dollars or City resources to operate a committee for this purpose. She stated that although there is no strict prohibition, as Cit y Attorney Ennis mentioned, on assisting nonprofits under our statute, the assistance of a City committee could be construed as an illegal gift under the California Constitution and possibly open our City up to liability for discrimination or preferential treatment towards one group over another.
She stated that she’d like to make a motion to move the introduction of Ordinance 2022-212 off this agenda, due to the fact that we do not include all of the duties for the Military Support Committee , especially in regards to Section 2423- 3 Item E, which specifically directs members to solicit and raise funds for the Military Support Foundation.
She stated that she finds this to be a violation of public taxpayer funds being used to essentially privately fundraise. She stated that although it was mentioned that this was a symbiotic relationship between the two entities, there is no firewall between public and private funding. She stated that the Foundation has no members or subcommittees that fundraise and that the majority of our funds are raised by the Committee, as Foundation President Robert Ming alluded to after she asked him that question during his presentation. She stated that they are used to benefit the Foundation’s fundraising goals, not the public . She stated that it is public, but not our local community, so this creates legal issues that could adversely affect the City and our taxpayers . She stated that the absence of structural accountability also makes it more difficult for our donors, regulators, and the public to detect any wrongdoing and fraud in the charitable sector . She stated that she is not implying that that is the case and our Foundation is run very well. She stated that she’d like to propose that we give our Staff at least 90 days to do a thorough research and have our City Attorney return with some appropriate legal opinions regarding how we can maintain the adoption of our military units and help move the Committee to operate through the Foundation and independent of our City . She stated that this allows them more autonomy to grow, to expand, and as the Foundation sees necessary, and eliminates the opportunity for liability to the City. She stated that all of our surrounding cities operate this way and she thinks we should hav e some presentation from surrounding cities and foundation committees as well as a detailed report from Staff on how to move the Committee to the private foundation, so that we can continue their success and mission outside the City as we do with all other nonprofits in our City. She stated that this is a difficult decision, and she knows that many members are upset and have been emotional over this last month because of some of the changes that were made, but that it goes back to what Co-Chair Sharma said, does it serve the military. She stated that the changes proposed tonight do not really put the military service first. She stated that she respects all the work and everything that each and every Committee member brings to the Committee, and she believes that for their best success and future and succession planning, they’re better served not having the restraints of dealing with the Brown Act, not having to deal with Council Members appointing them, and not having the fear, as one Committee member mentioned, of not being reappointed. She stated that if they want to serve the military and do what they want to do, then they can operate independently outside of the City, and we can support them just like we support any other nonprofit. She stated that tonight was supposed to be about removing her as Co- Chair, so, this isn’t really about her, it’s about our military and it’s about how we serve them and therefore she thinks that would be the best way for us to serve. She stated that she
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respectfully asks for a second to move this item off the agenda and bring back the requested information for this Council , so we can make a more informed decision regarding this.
Mayor Gennawey asked if Mayor Pro Tem Rains’ motion was to move it off the agenda to table it. Mayor Pro Tem Rains stated that yes, to table it until we can have all the details and questions answered and have a detailed presentation of how we can support and enhance the Committee outside the City. Mayor Gennawey stated that there was a motion to table the item but that not all Council Members have finished their comments on the item. Mayor Pro Tem Rains asked if she could get a second . Mayor Gennawey stated that we can go for a second or we can go for a second after Council Member Jennings has her comments. Council Member Jennings proceeded with her comments.
Council Member Jennings stated that it was very interesting that all of a sudden this has come up when the ordinance was brought before and none of these concerns were raised, so, it’s very curious to her. She stated that she does not think all those points need to be addressed and she moved to waive the full reading and move Ordinance No. 2022-212.
Mayor Gennawey stated that the first motion on the floor was to move to table the item and she asked if there was a second to that. She stated that seeing none the motion fails.
Council Member Sharma stated that was pretty quick, that he had to turn on his microphone, and than he seconded the motion.
A MOTION was made by Mayor Pro Tem Rains, seconded by Council Member Sharma, to table the item.
Motion failed 2-2, with Council Member Minagar abstaining.
Mayor Gennawey stated that the next motion on the floor is to waive the full reading and she asked if there was a second. Mayor Gennawey stated that she would second this.
A MOTION was made by Council Member Jennings, seconded by Mayor Gennawey, to waive the full reading.
Motion failed 2-2, with Council Member Minagar abstaining.
Mayor Gennawey asked City Attorney Ennis since both motions failed does this conclude this item for tonight. City Attorney Ennis stated that unless another motion can be made that can garner a majority of the Council , then this would conclude the item . Mayor Gennawey asked if there were any other motions to be made and there were none.
Council Member Minagar stated that having heard his two colleagues talking about different perspectives on the vote in front of us tonight, some of them he agreed with but when he reflects back on the composition and the policies of the different committees and commissions we have at the City, he agreed but didn’t agree. He stated that he had respect for the points Council Member Sharma made and for the research but that we don’t want to make a big deal out of a Military Support Committee that has individuals who want to serve our community and military families and want the best and an excellent relationship between the City and those families. He stated with all that said he is in favor
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of City Attorney Ennis researching a few different items . He stated that constitutional questions were brought up by Mayor Pro Tem Rains and a request to consult with District Attorney Todd Spitzer, but that when he reflects on other cities, Mayor Pro Tem Rains is correct about the way they do it, but that looking at the whole thing from A to Z , how the City has evolved, and how back in 2003 when we started the Military Support Foundation and then later formed the Committee, with the terms in the ordinance in front of us tonight, we are okay. He stated that we don’t want to complicate it but if some of those questions can be answered, then his question for City Manager Letourneau and City Attorney Ennis is if you can provide us with proper feedback on legal liabilities. He stated that he is happy with what he sees tonight. He stated that he asked his questions and Mayor Gennawey answered his questions but that at the same time we want to make sure we all move together, we don’t want to just table it and that he is not for that, and that he is not for completely changing it like how it is in Dana Point or Irvine. He stated that he is happy with the Military Support Committee, that he knows most of them and has the utmost respect for them and for what they’ve done and what they are doing so he is not willing to go that extent . He stated that if City Staff can provide in a timely fashion clarity and finetune it a little bit more, then he would be in favor of what he sees tonight. He stated that he understands that the vote is stalled tonight but if City Staff can provide that kind of assurance, he is in favor of bringing this back at the next meeting or the meeting after so that we can move forward.
City Attorney Ennis stated that there seems to be two issues, one is the underlying structure of having a committee that exists and works in concert with a private foundation and whether or not there are issues with respect to that structural arrangement, vis-à-vis the California Constitution gift to public funds, liability of the members who act in a certain way that might be inconsistent with federal or state or our rules , and how is that risk mitigated. He stated that a separate issue is just internal operation of what you already have and we’d be happy to work with Staff and look into the underlying structural arrangement and whether or not improvements or adjustments need to be made. He stated that the risks and benefits of the current system would take some time and if you want that to be done before you make operational changes to your existing structure, that is certainly your policy judgment.
Council Member Minagar stated that we set the policies as elected individuals in this City and his position on that is that no, he is not in favor of abolishing the system that we have in place. He stated that he is not in favor of completely taking out the Military Support Committee. Mayor Pro Tem Rains stated that she had a question for Council Member Minagar, that we’re discussing the item that he abstained from voting on all over again, and that having all the facts and information helps us make the best judgment call for our constituents and that it is not our decision to continue on one way or the other until we have all the information. She stated that she thinks our taxpayers would want us to have all the information and to make sure we were making the most informed decision . She stated that it sounds like from what City Attorney Ennis is saying that they need more time and she thinks with respect for our Staff and their time that they’ve already invested in this last month, we should ask them how much time would they need, 90 days, 100 days, how many days would be appropriate so that it wouldn’t put a burden on our Staff , because they have many other things they’re working on right now, so that they can come back and give us the information we need to adopt the right ordinance, to structure the
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ordinance properly so that it protects our City or to make changes that need to be made structurally. She stated that she would like to propose, and she hopes her colleagues agree, that we shouldn’t burden our Staff anymore and give them the opportunity to tell us how much time they need so they can come back with the information that we need so we can move on from this discussion and get on with business.
Council Member Jennings stated that we’ve had several attorneys on our Council over the many years since the Military Support Committee has been in place and if there were anything going on that shouldn’t have been going on, constitutional wrongs addressed by Mayor Pro Tem Rains, anything that we were doing wrong, our City Attorney would have addressed this. She stated that she doesn’t see that there are issues with the way that we’re handling it, we do not need to delay this any longer, we have something before us that she thinks is a great ordinance. She st ated that it fixes a lot of issues that we’re dealing with and that she doesn’t see any issues with it. She stated that she thinks we approve what’s being read before us and that we have one more reading. She asked City Attorney Ennis could you bring back at the next meeting just addressing a few of those concerns because she doesn’t see them as concerns at this point. City Attorney Ennis stated that he would do his best to respond to as many as he could at the next meeting.
He stated that he can’t assure that he will have a response to the points made by Council Member Sharma but that he can certainly address the constitutional gift limitation and general liability issue. Council Member Jennings stated that that is kind of the major issue so if we can address that.
Mayor Gennawey stated that her question would be on the liability issue, the difference between this and our other City Commissions and Committees, the liability we have with those members and that’s something we should be addressing with all of them. She stated that that is something aside from the provisions of what was proposed tonight in this ordinance. City Manager Letourneau asked for clarification on what we’re bringing back to the Council and stated that we need to have a majority direct what it is that you would like to see in the report. She asked if they want the ordinance to come back, or do they just want a report answering the questions of the City Attorney’s office.
Mayor Gennawey stated she had a questio n for Council Member Minagar. She stated if you are happy with this ordinance, would you be happy with approving it tonight at the first reading and it sounds like what City Attorney Ennis would be bringing back would be something separate from this ordinance , it’s in a different area than what this ordinance is covering, would you be agreeable to approving this tonight as the first reading. Council Member Minagar stated that in light of what he heard from his two colleagues and again, he is not in favor of abolishing the Military Support Committee as one of the committees of the City. He stated that he likes the system that we’ve had over the years, it has worked pretty well, and we are fine tuning it tonight or during the next meeting we are improvising, we’re adding more teeth and he is in favor of all those concepts and changes.
Mayor Gennawey stated what we could do is approve this and City Attorney Ennis could come back to us and if there’s any additional items we could amend it at that time or maybe it’s a separate document or something in the policies of the Military Support Committee.
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Council Member Sharma stated that there seems to be an emphasis behind hurrying this through, referencing Mayor Gennawey’s approach last time, it took a year, actually 18 months to get to what you needed to do relative to the Co- Chair roles of removing individuals and we’ve spent literally 15 days on this . Mayor Pro Tem Rains stated that we’re putting undue pressure on our St aff when they have many other things they’re working on right now, so she thinks we’re being unfair to our Staff by not giving them the time they need to do their due diligence number one, and in regards to rushing to pass an ordinance that then we have to change because we find out some liabilities, it makes sense to give Staff the time to do their job thoroughly and bring back all the information we need. She stated that with all due respect, we did have attorneys on this dais who brought up concerns, as Council Member Sharma suggested, so what we’re doing right now is we’re trying to have a discussion to browbeat somebody into approving, getting this ordinance done and we don’t need to do that. She stated that what we really need to do is have our Staff tell us how much time they need, give them the time they need to do their job appropriately, and then we can move forward from there. She stated that we can give them direction, we’ve given them direction on the items we want them to bring back and if you want the ordinance to come back at that time along with the information and we can tweak it at that time. She stated that’s how we should handle this, that would be my motion and that would be my direction.
Mayor Gennawey stated that there’s no browbeating going on and that we’re just trying to move forward on what we have before us tonight . She stated that this did come back quickly because Staff had already been working on it from when Mayor Pro Tem Rains and Council Member Sharma had been working on it for quite a while, so it was like everything was open and being worked on so they could move forward. Mayor Pro Tem Rains interjected that what they were working on was completely different from what is being presented now. Mayor Gennawey stated that she had the floor and that there’s a mischaracterization of saying that there were 18 months of fighting for something . She stated that there was a suggestion to see how this would work, it didn’t work so now we’re going back, so don’t say there was 18 months fighting for something. She stated that what she is looking to get to is what is it we would like Staff to do, is it we want them to c ome back with a new ordinance or rather instead of a new ordinance come back with some suggestions. She stated that this is what the Council needs to decide on, what we are going to request of Staff to come back to us with, is it that we would like some parts of the ordinance and we want to add other things into it and get Staff suggestions on what we could add into that to tighten up some of these concerns . She stated she would start with Council Member Minagar, who had some ideas or suggestions, things that he would like looked at. She stated that maybe we bring back the ordinance with additional information that you would like to see in it.
Council Member Minagar stated that with additional information, subject to making the final vote during that meeting, not tonight. Mayor Gennawey clarified that right now what we’re doing is putting out ideas to direct Staff to come back to us with an ordinance with things in it, we’re not going to vote on an ordinance tonight but we’re giving Staff direction on what we would like to see, so what would Council Member Minagar like to have added, what would address his concerns regarding an ordinance for the Military Support Committee.
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Council Member Minagar stated that based on the comments from his two colleague s with regard to potential liabilities to the City so that the City is not harmed in any way, that’s the only area at this juncture that he can think of. He stated that he was very happy with the way it was presented tonight and that those were his suggest ions for any additional clauses.
Mayor Gennawey asked Mayor Pro Tem Rains what she would like added. Mayor Pro Tem Rains stated that she didn’t want to something added and that she wanted to have the information she needs to make an informed decision bef ore adopting an ordinance that may or may not be appropriate. She stated that this current ordinance does not address all of the policies and procedures of the Committee switching and when you look at the policies and procedures, the Co-Chairs direct a lot of the different committees, they work with the subcommittee chairs, they work with the l iaisons of the City, they approve the agenda, and those things are not addressed in the ordinance, in the policy and procedures, and not updated to reflect how that would work with a Chair and Vice-Chair, so the entire policies and procedures needs to be updated. She stated that going back to her original point, we’re pressuring our staff to work really super hard right now on something and get it back here by the 15
th. She stated that she would like to hear from
City Manager Letourneau what would be an appropriate amount of time that you would need to come back with the facts that we need on the liability and to update the ordinance so that it includes all of the updated policies and procedures to reflect what the Vice-Chair and Chair would be like. She stated that she agreed with Council Member Minagar that at least one of the Co-Chairs should be a veteran with experience and we should outline how that Chair is selected. She stated that before we can adopt an ordinance we want to make sure we’re within the legal parameters that protect our City and our taxpayers and how much time do you feel that is adequate for you to do a thorough job.
Mayor Gennawey stated that maybe we should let everyone else speak first so that City Manager Letourneau knows how much work is going to go into it. Mayor Pro Tem Rains stated that she asked City Manager Letourneau the question several times. Mayor Gennawey s tated that Council Member Sharma has not indicated what, if there’s anything, he would like to have brought back in this, nor has Council Member Jennings.
Council Member Sharma stated that he clearly outlines the concerns he had, and structurally, he’d like to know how this was going to operate, what additional Staff time it’s going to take, what are the costs associated with it, for the City, and a very clear indication and understanding of what the associated liabilities are, how that team operates or what the projection is of how it’s going to operate on its own outside of the City without Council Liaisons or Council Members, however it ends up structured.
Council Member Jennings stated that we’re talking about two separate things, the ordinance is one thing, the policies and procedures are something different. She stated that she didn’t want to see anything else new on the ordinance, that all of those items didn’t need to be addressed in the ordinance, and that the rest are policies and procedures.
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Mayor Gennawey stated that her question to either City Manager Letourneau or City Attorney Ennis was that on the ordinances for the other Committees, do they outline the Chair and Vice-Chair and how the agenda is being done and do they go into that detail.
City Manager Letourneau stated that it might take a minute to find that information. Mayor Gennawey stated that she has never seen that in the other ordinances. Council Member Minagar stated that we don’t want to direct Staff to get into the nuts and bolts of everything, and that with all due respect, we are discussing what is best for the City and that we don’t want to use taxpayers money to get into how the Chair and Vice-Chair is going to be voting. He stated that we’re going too far, we’re not making military decisions, and to summarize all these discussions, we’re not making that kind of big decision.
Mayor Pro Tem Rains stated that there are clear delineations and differences between the Planning Commission agenda , which is developed by the Community Development Department, the Traffic and Transportation Commission agenda, which is developed by the Public Works Depar tment, the Parks and Recreation Commission agenda, which is developed by the Parks and Recreation Department, and the Military Support Committee agenda. She stated that if we want to align the Military Support Committee with the other Commissions and Committees, the agenda would be developed by Staff members, and that the agenda for the Military Support Committee, from day one, has been developed by the Co-Chairs, where Committee members send their agenda items, they’re reviewed for accuracy, and then they’re approved by the Council Liaison to be agendized. She stated that it is a different process, so if we are going to nominate a Chair and Vice-Chair and the Committee’s going to vote for them, those roles and responsibilities need to be updated so that they mirror and the Chair and Vice-Chair know what their roles are. She stated that the Military Support Committee is different and has different needs and that we’re talking about things that aren’t necessary for us to talk about. She stated that she hopes this clears up for Council Member Minagar why we are talking about this, because, no, we are not solving world problems, but we are trying to support the military and in order to do that we have to have a process that mirrors everything that protects our City and the military.
Council Member Minagar stated that those internal policies ought to be devised later.
Mayor Gennawey stated that the Committee does have policy in place, and that when City Manager Letourneau brings this back to the Council, whatever is not proposed in the ordinance, some of these items may be de fined in the policy, so that the Council knows what those policies and procedures of that Committee are. She reiterated that there are items that may be policy items for the Committee but not necessarily ordinance items.
Mayor Pro Tem Rains stated that when people were interviewed for the Committee, there was not the understanding of a transitioning of Chair and Vice-Chair. She stated that she is not fighting to stay Co -Chair and that this is about making sure that the transition is done properly and that our City is protected while we do the mission of what the Committee and the Foundation are there for, and that is to support the military. She stated that if we need information to do that, we should be provided with that information so that we can make the best decision.
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City Manager Letourneau listed the items requested of Staff : all the items that Council Member Sharma brought up regarding liabilities ; agendas and how that process would work; adding back in a Co-Chair who could be or should be a veteran; how the Committee will operate costs; liabilities, in broad and specific perspective; and analysis on how this process works in other cities.
Mayor Gennawey clarified that rather than a Co-Chair being a veteran that it’s either the Chair or Co-Chair.
Council Member Minagar stated that we don’t want to create a research project, and that we want to keep it focused.
Council Member Jennings concurred with Council Member Minagar.
Council Member Minagar continued and stated that he wanted to limit the staff time, the cost to taxpayers, and as long as the City is not going to be liable in any shape or form, then he would be 100 percent in favor of modifying this, such as adding clauses, but not to start from ground zero.
City Manager Letourneau stated that the listed items she reported were lengthy, but that staff will do our best to be brief and efficient with our time . She stated that it is a heavy burden on the City Attorney’s office and that they will need at least 60 days to do the work that needs to be done to answer those questions thoroughly. She stated that if we can do it sooner we will but that the list is long and there’s a lot of questions to be answered and we need the time to do it.
Mayor Gennawey stated that she’d like to see which of the listed items are policies and procedures because not all of them are ordinance items.
Mayor Pro Tem Rains stated that the policies and procedures are listed underneath the ordinance, so it appears that the policies and procedures are part of the ordinance. She asked if this was an accurate statement or if they are separate. City Attorney Ennis stated that they were separate. He stated that Deputy City Manager Martin found that Section 2-3-5 of the municipal code provides that each commission, board, and committee shall annually select a Chairperson and a Vice- Chairperson, the City Manager shall provide the necessary Staff for clerical and technical assistance for all commissions, boards, and committees. He stated that is the only language we could find at this point that specifies who is to be selected as a Chair and Vice- Chair, meaning there doesn’t appear to be specific criteria that they use in making their selection.
Council Member Minagar stated that for this one, we’re going to add that one of the Chairpersons is a veteran.
Mayor Gennawey stated that the Committee itself would select someone who is a leader, and at this point, generationally, we are getting less and less veterans, so at some point there may not be enough veterans to serve on that.
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Council Member Jennings stated that she agreed that we shouldn’t limit who can be selected to be Chair and Vice-Chair and that it is up to the Committee to select who they think will be the best leaders. She stated that she doesn’t think it needs to be a veteran.
Council Member Minagar clarified that he is suggesting just one of the two Co- Chairs should be a veteran, and that if one year we don’t have one, that’s okay. Council Member Jennings stated that we can modi fy the language for the recommendation. Council Member Minagar concurred and stated that it would not say “shall” but “may”.
Mayor Gennawey asked City Manager Letourneau if within 60 days this would be brought back to the Council. City Manager Letourneau reiterated that if the list is still the list, then it will take approximately 60 days. Council Member Jennings stated that she didn’t think we needed to survey other cities . Mayor Pro Tem Rains stated that that was not on the list. City Manager Letourneau stated that researching other cities was on the list, but that Staff was here to bring back what the Council wants. Council Member Jennings reiterated that we don’t need to spend taxpayer dollars on something we can research ourselves .
Mayor Gennawey stated that we don’t necessarily need to do it as other cities do, as long as it works and our City is protected against any liability and it works for the community .
Mayor Pro Tem Rains stated that she agrees as long as the liability issue is cleared up and that she is not trying to burden staff with a lot of work, so as long as the liability issues are taken care of she is fine with that. Council Member Jennings asked if we were just going to research the liability issues . Mayor Gennawey said yes and there were a few other items on the list that would come back as policies and not ordinances , and that they’ve taken off the researching other cities but the main question from the Council is the liability issue.
City Manager Letourneau asked if the Council wanted the ordinance to come back or if they wanted it to be a memo answering questions . Mayor Gennawey stated to bring the ordinance back as well and that she hopes the Military Support Committee members don’t feel like they’re in limbo and for them to keep doing the excellent work they’re doing. She stated that we do need to move forward on this and get it taken care of so that we can move on to other things that are happening in our City.
IT WAS THE CONSENSUS of the City Council that City Staff bring back the ordinance with a report answering the Council’s questions within 60 days.
OTHER BUSINESS/COUNCIL REPORTS
1. Council Reports
Council Member Sharma stated that he wanted to thank the members of the Military Support Committee for having met with us over the last two days, putting together standard operating procedures for the Committee, and working to envision what the next year is going to look like. He stated that he wanted to congratulate the Mayor and Mayor Pro Tem for dressing similarly.
City Council Regular Meeting Minutes Page 34 of 36 February 1, 2022
Council Member Jennings stated that she wanted to give her appreciation to the outgoing Commission and Committee members and thanked them for all that they have done for our City. She stated that she wanted to acknowledge and thank our Parks and Recreation Department and Parks and Recreation Director Rivera for putting out the trail map brochure, something Council Member Sharma had brought up, and that it was fantastic.
Council Member Minagar stated that he se rves on the Orange County Council of Governments and that projections for Orange County are looking good and that all the lost jobs will be recovered by 2025. He stated that based on research the Center for Demographic Research (CDR) does for the 34 cities in Orange County , based on the population, employment, and housing projections made for the next 30 years, we’re going to have a 3.5 percent increase in population, 11 percent increase in employment, and 14 percent increase in the housing area. He stated that he asked them to specifically carve out data pertaining to Accessory Dwelling Units (ADU) projections for Laguna Niguel, and that for Laguna Niguel, in 2016 there was zero activity for ADU, in 2017 there was one activity, in 2018 there was zero activity , in 2019 there was one, and in 2020 there was three. He stated that if we compare Laguna Niguel to other cities, we were in a great position when it comes to allocations of ADUs. He stated that the projections of ADUs for the City was 50 between 2021 and 2029 , and that we are in great shape with r egard to the potential negative ramification of Senate Bill 9 and Senate Bill 10. He stated that he proudly voted on behalf of the 6 South Orange County cities that he represents to continue the lawsuit that we had, that it was a unanimous vote by 34 representatives of the cities of Orange County. He stated that he was happy to announce that the Board of Directors of the Orange County Council of Governments directed the staff to proceed with the expedition of the court of appeal process for the trial, meani ng we voted against the California Housing Department and said that we are not in agreement with the projections.
He stated that they also passed a resolution to support AB-1398 to give local cities control with regard to land use and housing.
Mayor Pro Tem Rains stated that she was reappointed again by the President of the League of California Cities to the Transportation , Communication, and Public Works Committee and that on February 10 they will be receiving the work plan, so she looks forward to sharing some of that information at the next meeting. She stated that she wanted to give a shout out to Orange County Fire Authority (OCFA), it’s one of the boards she sits on, and that they reviewed and looked into how we’re going to fortify our operation systems for greater security and operations within the headquarters and our fire stations, and they hope to have that approved in the upcoming months, so that we can continue to serve our communities and make sure that our firefighters are safe.
Mayor Gennawey stated that a couple of things that were approved at the beginning of the meeting were an amendment to the professional services agreement with Michael Baker International to provide environmental consulting services for a proposed town home development, that’s what we call a pass-through amount as the c osts associated with these services will be paid by the property owner Capistrano Unified School District.
She stated that we also approved the agreement for the Voice Over Internet Protocol (VoiP) phone system and that this greatly improves the flexibilit y and reliability of the City’s phone system, which is the backbone of our communication system with our residents, service providers, stakeholders, and across departments. She stated that the
City Council Regular Meeting Minutes Page 35 of 36 February 1, 2022
Mid-Year Budget review was presented tonight which we are very pleased with, and that everyone heard yet another robust discussion regarding the Miliary Support Committee ordinance. She stated that she wanted to remind all of our residents that this is where the City Council discusses things, we cannot go in the back room and talk about it or have a prolonged conversation over a couple of days. She stated that this is how we are getting our ideas out and then we come together, refine the input and our thoughts, to do what’s best for the City of Laguna Niguel. She stated that on the 21 st she had the honor of putting
the Dennis Mulvaney Memorial Car down the ramp at the Boy Scouts Pinewood Derby event. She stated that she also chaired the Association of California Cities – Orange County (ACC-OC) Chapter of the Legislative and Regulatory Committee and that within the next couple of weeks we will have a better idea of what bills are coming forward that will impact cities that want to protect local control . She stated that she attended the Chamber of Commerce installation and she thanked outgoing Chair John Ulrich. She thanked him for leading the Chamber through a successful year and increasing the membership despite the pandemic and congratulated the new Chair, Amber Goleta, and she looked forward to working with her and the board of directors. She stated that the Chamber of Commerce Governmental Affairs Meeting will be on February 4 th and that she’ll be presenting the City of Laguna Niguel update at that event. She stated that on that same day is National Women’s Heart Health Day and that this is National Women’s Heart Health Month and to please remember t he women in your family and to remind them to protect their heart. She stated that she couldn’t wait to hear the Community Development report and she thanked the Girl Scouts and reminded everyone to support them by purchasing some cookies , that the funds raised is a way for them to build confidence and to talk to people in the community.
2. City Manager Report/Department Reports
Community Development Director Orduna stated that the development application for the City Center Project that was brought forward by the applicant team of Burnham Ward Properties and Sar es Regis Group is once again moving forward . He stated that the project was put on hold while the applicant team looked at the economics of the project in light of current shifts in the market, but they are moving forward again and we have new information for the community that we have posted on the City’s website, including a written description of the project, an updated site plan, and a number of renderings. He stated that the renderings are fantastic and give a sense of design of the project as well how the project will fit into the context of both the topograp hy and surrounding development. He stated that next steps for the project include circulation of the draft environmental impact report for the project, which we anticipate we will have out in approximately a month, so that will be available to the public t o review for 45 days and upon conclusion of the public review period we will be scheduling public hearings with the Planning Commission and the City Council . He stated we are not that far away from bringing this process to a conclusion, that Staff’s contact information is available on the City website if anyone would like to reach out and contact us either by phone or come down to City Hall to review the project.
City Council Regular Meeting Minutes Page 36 of 36 February 1, 2022
ADJOURNMENT
Mayor Gennawey adjourned the Regular City Council Meeting at 10:05 p.m.
Respectfully submitted,
____________________________
Thy Merritt
Deputy City Clerk
_________________________________________________________________________________________________________ City Council Special Minutes Page 1 of 1 February 8, 2022
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Special City Council Meetings
February 8, 2022 – 9:00 a.m.
CALL TO ORDER – Mayor Gennawey called the Special City Council meeting on February 8, 2022, to order at 9:10 a.m.
ROLL CALL
Mayor Elaine Gennawey – Present
Mayor Pro Tem Sandy Rains – Present
Council Member Kelly Jennings – Present
Council Member Fred Minagar – Present
Council Member Rischi Paul Sharma – Present
PLEDGE OF ALLEGIANCE
PUBLIC COMMUNICATIONS
There were no public comments.
CITY MANAGER
1. Strategic Plan Workshop
Strategic Plan Workshop was conducted.
ADJOURNMENT
Mayor Gennawey adjourned the meeting at 2:00 p.m.
Respectfully submitted by:
_____________________________
Thy M. Merritt
Deputy City Clerk
City Council Regular Meeting Minutes Page 1 of 10 February 15, 2022
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
February 15, 2022
7:00 p.m. – Regular Meeting
CALL TO ORDER AND ROLL CALL – Mayor Gennawey called the Regular City Council Meeting to order at 7:00 p.m.
Mayor Elaine Gennawey– Present
Mayor Pro Tem Sandy Rains – Present
Council Member Kelly Jennings – Present
Council Member Rischi Paul Sharma – Present
Council Member Fred Minagar – Present
INVOCATION – Farshad Jahed, Baha’i Community of Laguna Niguel
PLEDGE OF ALLEGIANCE – Scout Troop 774
PRESENTATIONS
1. Volunteer of the Month Presentation
Mayor Gennawey announced the Volunteer of the Month was Silvia King, a ded icated Laguna Niguel volunteer who has worked with the Community Emergency Response Team (CERT) , been an active member of the City’s Police Auxiliary Citizen’s Team (PACT) where she spent over 4,500 hours helping keep the Laguna Niguel community safe, serves as a crossing guard, and frequently brings joy to the Sheriff’s Deputies and staff at the Police Services headquarters by constructing elaborate balloon art creations.
Mayor Gennawey thanked Silvia , on behalf of the City Council and the Laguna Niguel community, for her creativity, positive attitude, and kind and giving actions, and presented her with a certificate commemorating her volunteer efforts.
MAYOR’S STATEMENT ON ROBERT MING
Mayor Gennawey acknowledged the tragic passing of former Mayor Robert Ming , a dedicated public servant, a community icon, respected civic leader , and devoted husband, father, son, and friend. She stated our City was heartbroken and expressed sincere and heartfelt condolences to the entire Ming family. She stated that not only was Robert a public servant, but an exemplary leader, a remarkable philanthropist, and a kind and humble soul. She encouraged everyone to reflect on the contributions of former Mayor Ming and his impact on our collective pursuit of excellence here in Laguna Niguel.
She listed the offices he held in Laguna Niguel, which included serving as City Council Member in 2006 and as Mayor in 2009 and 2013, founding President of the Laguna Niguel Military Support Foundation, Co-Chair of the Laguna Niguel Military Support Committee, and member of the Planning Commission. She listed his county -wide accomplishments, where he was the founding president of the Association of California Cities -Orange
City Council Regular Meeting Minutes Page 2 of 10 February 15, 2022
County (ACC-OC), president of the Orange County Division of the League of California Cities, director of the Orange County Vector Control District, and the Laguna Niguel representative on the Board of the Toll Roads . She noted his philanthropic accomplishments, where he served on the Board of South County Outreach, as chairman of the Board of Stoneybrooke Christian Schools, as a member of the Board of Managers of the South Coast YMCA and the Saddleback Community College, and as a member of the Board of Directors of the Bonner Institute for the Advancement of Choral Musi c. She also noted that he served as chairman of the Government Affairs Committee of the Laguna Niguel Chamber of Commerce , was a past president of the Laguna Niguel’s Lion’s Club and Rotary Club. His professional accomplishments included, Managing Partner at Quadrant Law Group where he started an interactive digital world gamifying public opinion called ThoughtWorld.com ; Managing Director and Associate General Counsel at Jeffries , and BeXcom Research. She achknowledged his educational accomplishments, where he graduated as the Most Outstanding Political Science Student at Azusa Pacific University as valedictorian and received multiple American Jurisprudence Awards at Pepperdine Law School. She stated he leaves behind his beloved wife Susie and their four children, as well as a community of friends who are grateful for and inspired by his good works.
PUBLIC COMMENTS
There were six general Public Comments.
Jim Owen spoke on street lighting located in his neighborhood. He stated the new lighting was very bright, white, and intrusive on his home and hoped to get some guidance on how to resolve this issue. City Manager Letourneau stated that City Staff would follow up with him.
Pam Carrie spoke in opposition to a contract with Michael Baker International. She stated that this company had committed ethical violations and that she had full confidence that the Council would be attentive to these allegations if they were true. City A ttorney Ennis stated that the allegations are related to a company called Sally Port Global Holdings Inc. and that the company the City has contracted with is Michael Baker International . He stated that Michael Baker International does not own or control Sally Port Global Holdings Inc., they are two different and separate companies, and Michael Baker International was not engaged in any of the activities that the Sally Port Global Holdings is alleged to have engaged in.
Kara Ray spoke on environmental education, environmental solutions that are affordable and combat the rise of global temperatures. She cited studies in Wales, India, Singapore, Australia and spoke on the importance of sustainable systems that are efficient and functional. She stated that she would come back with a more condensed version of what she was proposing.
John Davidson spoke in opposition to a contract with Michael Baker International . He disagreed with City Attorney Ennis and stated that Michael Baker International and Sally Port Global Holdings were under the same company. He listed the ethical violations the
City Council Regular Meeting Minutes Page 3 of 10 February 15, 2022
company is apparently involved in and stated that we should consider looking at other companies moving forward. He also spoke on putting motion sensors on streets lights.
David Tuma spoke in favor of flying the flag outside of City Hall at half staff in memory of Robert Ming. He asked the Council why we haven’t lowered the flag. He stated the flag was lowered in the past in honor of Jerry McCluskey and that if there was protocol to throw it out the window and just lower the flags. Mayor Gennawey acknowledged that we are all grieving over the loss of former Mayor Robert Ming. City Manager Letourneau acknowledged the grief over the passing of former Mayor Robert Ming and that it was very difficult and challenging. She stated there were different protocols in place for lowering the flag for Council Members currently in office and those who have served in the past and that unfortunately in this situation the flags could not be lowered. She stated there were other things to follow to honor him and the position he had and to show how much the community loved him. Mayor Gennawey added that we are respecting the wishes of the family and getting their permission before doing anything because the Ming family’s wishes come first.
Stephanie Winstead spoke in favor of flying the flag outside of City Hall at half staff in memory of Robert Ming. She stated Mr. Ming meant a lot to her and that he encouraged her to get involved in community service. She stated she would never ask the City to do anything that would be unpatriotic but that the flag code does permit the flags to be lowered to half staff in a manner that is not inconsistent with the law. She provided a draft resolution to the Council along with her research on flag protocols.
Mayor Gennawey closed general Public Comments.
CONSENT CALENDAR
Mayor Gennawey pulled Item No. 7 for discussion.
Council Member Minagar stated that he would abstain from Item No. 5 due to a potential conflict of interest.
A MOTION was made by Council Member Minagar, seconded by Mayor Pro Tem Rains, to approve the remainder of the Consent Calendar as presented.
Motion carried 5-0 with Council Member Minagar abstaining on Item No. 5
1. Warrants of February 15, 2022
Approved as written.
2. Payroll Summary Register
Approved as written.
3. Approval of Professional Services Agreements for On- Call Economic Development Services
City Council Regular Meeting Minutes Page 4 of 10 February 15, 2022
1. Approved the Professional Services Agreement for On- Call Economic Development Services for the following firms:
• DTA;
• Economic Planning Systems. Inc.;
• Hoffman Strategy Group;
• Keyser Marston Associates;
• Kosmont Companies;
• PlaceWorks, Inc.; and
2. Authorized the City Manager to execute the Agreements and future amendments, subject to the City Attorney making non-substantive changes.
4. Approval of Amendment No. 1 to the Professional Services Agreement for On-Call Economic Development Services with Kosmont and Associates, Inc. to Prepare a Market Study for the Laguna Niguel General Plan Update
1. Approved Amendment No. 1 to the Professional Services Agreement with Kosmont and Associates, Inc. to prepare a Market Study for the Laguna Niguel General Plan Update for an amount not to exceed $86,000 plus an additional 10% contingency;
2. Approved a not -to-exceed 10% contingency of the total contract with Kosmont, and Associates, Inc. in the amount of $8,600 if needed; and,
3. Authorized the City Manager to execute agreements and future amendments to the Professional Services Agreements, subject to the City Attorney making non-substantive changes.
5. Award of Construction Contract to All American Asphalt for Niguel Road (Alta Terra to Highl ands Avenue) Pavement Rehabilitation, Cash Contract No. 21-25
1. Awarded the Construction Contract for the Niguel Road (Alta Terra to Highlands Avenue) Pavement Rehabilitation , Cash Contract No. 21- 25 to All American Asphalt in the amount of $866,924;
2. Authorized the Public Works Director/City Engineer to process change orders in an amount not to exceed 15 % of the total contract for $130,039 , for a total not-to-exceed amount of $996,963 if needed;
3. Authorized the City Manager to execute the Construction Cont ract for the Niguel Road (Alta Terra to Highlands Avenue) Pavement Rehabilitation, Cash Contract No. 21 -25 with All American Asphalt, subject to the City Attorney making non-substantive changes; and,
4. Authorized the Public Works Director/City Engineer to execute the Notice of Completion at the conclusion of construction.
City Council Regular Meeting Minutes Page 5 of 10 February 15, 2022
6. Adoption of Resolution No. 2022-1378, Authorizing the Project List Submittal for Coronavirus Response and Relief Supplemental Appropriations Ac t of 2021 (CRRSAA) Funding Through the Orange County Transportation Authority 2021 Pavement Management Relief Funding Program
Adopted Resolution No. 2022 -1378, authorizing the project list submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) Funding through the Orange County Transportation Authority 2021 Pavement Management Relief Funding Program.
ITEMS PULLED FROM CONSENT CALENDAR
7. Adoption of Resolution No. 2022 -1379 Supporting Orange County’s Efforts to Eliminate the Threat of Fentanyl in our Communities
Deputy City Manager Martin provided a summary of Resolution No. 2022-1379 and stated the importance of reducing and eliminating fentanyl from the community.
PUBLIC COMMENTS
Gene Johns spoke in favor of adopting Resolution No. 2022- 1379. He cited statistics on the use of opioids in the country and stated it is not a victimless crime. He said this resolution was a good starting point to talking about it and he thanked the Counc il for considering and adopting this item.
COUNCIL COMMENTS
Mayor Gennawey stated there is a fentanyl crisis in our community and it is a crisis with all ages and all reasons. She s tated that what may have started as recreational, or pain management turned into addiction . Orange County fentanyl -related deaths increased 1,100 percent from 37 in 2016 to 432 in 2020 and statewide deaths increased over 1,600 percent from 239 to 3,857 in that same time period. She stated f rom 2017 to 2020, the Orange County Sheriff’s Department saw the equivalent of 88 million lethal doses with a street value of $43 million, and each dose taken off the streets represents a potential life saved. She quoted Orange County District Attorney Todd Spitzer, say ing with fentanyl and an estimated 40 percent of street drugs, it’s not a matter of if, but when you will die if you take recreational drugs. She stated our legislators in Sacramento, Senator Pat Bates and Assemblymember Laurie Davies, have coordinated efforts to introduce SB 904 and AB 1750 to aid local communities in the struggle against controlled substances and to clarify and broaden the definition of education and treatment programs. Assemblymember Davies has al so introduced AB 1598, which would give the general public access to certain testing equipment that detects fentanyl-laced drug products. As a community we need to raise the level of education about this crisis, have these conversations with our children, friends, and the entire community, and the message needs to be loud and clear that one pill can kill. She asked for this resolution, which is consistent with the City’s goal of being a safe and healthy city, to be placed on the agenda and that at our upcoming Emergency Preparedness Fair on March 26
th information to be provided to our residents
City Council Regular Meeting Minutes Page 6 of 10 February 15, 2022
on how to combat the fentanyl crisis, promote the One Pill Can Kill campaign, and share this with our school district. She emphasized how important it was that we shine a bright light on this message.
Mayor Pro Tem Rains stated that she appreciated Mayor Gennawey for putting this on the agenda and wholly supported this resolution. She encouraged the community to have conversations about the drug crisis and stated that drug poisoning killed nearly 92,000 Americans in 2020 with fentanyl and other synthetic opioids accounting for more than half of those deaths, 56,000. She stated that only a few grains of fentanyl can be lethal and is often laced with other drugs and this had led to fentanyl overdose surge, making it the leading cause of death for adults between ages 18 and 45. She cited an analysis published by Families Against Fentanyl that stated between 2020 and 2021 there were nearly 79,000 people between the ages of 18 and 45 that died from fentanyl overdose, with 37,000 in 2020 and 41,000 in 2021. These are epidemic numbers that are continuing to gr ow and California Public Health reports that there are over 13,867,426 opioid prescriptions written annually in our state alone. This is the starter to the opioid and fentanyl crisis and we can no longer sit silently about it. She encouraged families to talk with each other and if you are prescribed an opioid to say no and to ask what other options there are. She stated it’s been proven that Tylenol or Ibuprofen work better for pain than an opioid in most cases and yet opioids are given to young kids after athletic injuries. She supports this and thanked Mayor Gennawey for bringing this forward.
Council Member Sharma stated he had the good fortune of having never gone down the journey of starting drugs because he’s seen what it has done to other families, and as a consequence he is not familiar with the symptoms, behaviors, or what to look out for. He stated that even though we have this as a support item, he’d like to see how in our community we can be more proactive about setting up structures of education to educate individuals on the risks and liabilities associated with their actions. He stated on a recent ride-along that he had with the Orange County Sheriff’s Department, he couldn’t see the symptoms or behaviors of drug use but the officers are very well -trained in that area.
There a risk to our community members and families and a risk to the officers as well, as inhalation of just two milligrams of fentanyl, which is the size of five granules of salt, is enough to cause serious and severe health reactions. He stated as a parent, if we are looking to find pills, we’re looking for the wrong thing. Officers and first responders going into facilities and people’s homes have to wear latex gloves, wash up afterwards, and carry emergency backup to treat themselves should they stumble upon liabilities like this.
He stated that he’d like to take this a step further with our City Staff and figure out how it can be more proactive within our community . He thanked Mayor Gennawey for bringing this to our attention.
Deputy City Manager Martin responded to Council Member Sharma and stated the One Pill Can Kill Campaign is a Drug Enforcement Administration (DEA) sponsored program and that the City is starting to engage in a social media campaign with the announcement of the passing of the resolution. The City will work with the school district and our partners in the Orange County Sheri ff’s Department to kick off that campaign with several public service announcements, fact sheets , and infographics that parents can use with their children to help educate them on the fentanyl epidemic.
City Council Regular Meeting Minutes Page 7 of 10 February 15, 2022
A MOTION was made by Mayor Pro Tem Rains, seconded by Council Member Jennings to adopt Resolution No. 2022-1379 supporting Orange County’s efforts to eliminate the threat of fentanyl in our communities.
Motion carried 5-0.
OTHER BUSINESS/COUNCIL REPORTS
1. Council Reports
Council Member Minagar extended his sincerest condolences to Robert Ming’s wife, Susie, and their four children. He stated that Robert was truly a civic leader in our community, he served with him on the Planning Commission, and had known him for the past 20 years. He stated no one can doubt Robert’s dedication and service to sustain the beauty and quality of life that we enjoy in Laguna Niguel, that he would be truly missed, and may he rest in peace.
Mayor Pro Tem Rains stated the League of California Cities Policy Committee that she serves on, the Transportation, Communication and Public Works Committee, had a meeting last week where they rolled out their action agenda. There are four areas of focus from that action agenda of bringing more information regarding local control bills we’re advocating for: secure funding to increase the supply and affordability of housing and reform state housing laws to retain local authority, attain investments to strengthen and sustain critical infr astructure in our local communities, secure increased funding and resources to prevent homelessness and assist individuals experiencing homelessness, and strengthen disaster preparedness, resiliency and recovery from climate change impacts through improved collaboration and resources. thanked Chief of Police Service Captain Asuncion as Laguna Niguel is the first city to come up with an E-Bike action plan and that during our meeting with the entire League of California Cities we were asked to send information to them about our E -Bike safety plan. She offered her condolences to the Ming family and stated that he will be missed and he had done an incredible service to our community . She said her prayers and condolences go the family and friends of Robert Ming.
Council Member Sharma stated we completed our Strategic Plan Workshop last week and he wanted to commend City Staff. We are structurally , fiscally, and system ically extremely strong in Laguna Niguel and he has sincere appreciation for the architecture that’s in place. We approved a Laguna Niguel Market Study which gives us the opportunity to look out 5 to 10-years to see and better understand what the City needs to continue to grow and thrive, and can then help us feed back into our overall general plan updates. He stated that looking at bits and pieces of our general plan and working on them relative to other resources, it helps keep us stay fiscally strong and keeps us focused on the task at hand. He again commended City Staff and City Manager Letourneau for guiding this process. He also thanked the members of the community who reach ed out and brought things to the Council’s attention. It may seem like they are all- knowing, but they are learning and are reliant on members of the communit y to bring to our attention items of concern. This gives us an opportunity to address issues and follow up and continue to mature and learn as we go. He extended his thoughts and prayers to the Robert Ming family and gave his sincerest gratitude to members of our community and of
City Council Regular Meeting Minutes Page 8 of 10 February 15, 2022
the different chapters of organizations, such as the Rotary and Lions Club, who have been coordinating their efforts to help the family.
Council Member Jennings stated it has truly been a difficult week for our community and her heart is heavy as she sorts through the many emotions that come with such a tragic loss of a wonderful friend. She stated Robert was so many different and important things to the City, as everyone who ever met him know that he was an exceptional public servant who exemplified the absolute best servant leadership. He was a community volunteer who touched almost every charitable organization in Laguna Niguel, Orange County, and beyond in his unique, positive, and profound way. He became an instant mentor to anyone who turned to him for insight, providing much needed comfort and support , and at his core he was a true champion of always doing the right thing for the right reasons . She stated what she will miss most about him is his friendship. He was a wonderful friend that came with no strings attached and with a wealth of emotional generosity that filled your spirit and left you with a smile. She stated that she could hear his voice, full of exuberance and positivity, and she will miss him standing here in these chambers, at that very podium just like he did two short weeks ago, counseling us on issues important to him and the City. Robert had a way of making even those with whom he disagreed with feel like they’ve been heard and that regardless of their position he was well- equipped to make good on doing whatever it took to do the right thing. He was a fierce advocate for all that was good in the world and stood up for righteousness and equity and was the best example of what we need most in this world. She stated that in his absence she can feel the call of this challenge to take the high road, to do the right thing, and to fight the good fight in all that we do but that most of all, she misses her dear friend. We are now left with the challenge of doing all we can to follow his examples of kindness, of integrity, and of compassion. She stated on behalf of this wonderful City, she wanted to send her love and care to Robert’s family for this loss and thank them for sharing this incredible man with us through the years. She stated that our hearts are with you always , we mourn this loss beside you, and to Robert, God bless you dear friend and thank you for sharing your remarkable life with us.
Mayor Gennawey stated that she represented the City at the last Youth Committee meeting, where the high school students participated in the Holiday Parade not just as participants but as volunteers as wel l. At the Chamber of Commerce meeting, she presented the City Update to show them what exciting things we have coming up this year. She attended the Orange County Senior Citizens Advisory Council meeting, where they had their annual workshop developing a list of priorities in the areas of housing, healthcare, technology, transportation and services to be sent to the Orange County Board of Supervisors. They are drafting the report and once it is ap proved she will bring the specifics back. She commended City Manager Letourneau and the entire executive team for an excellent Strategic Plan Workshop, and that it indicates that City Manager Letourneau is leading the team on track to achieving the goals that this City Council, and the ones before us, have laid out. A t last week’s Junior Civic Workshop, Division Fire Chief Contreras, who has incredible rapport with the kids, spoke to students about the Orange County Fire Authority and traits of leadership. She stated that Saturday, February 5 th was a glorious day in Laguna Niguel because that was Laguna Niguel Girl Softball Opening Day and all the players, coaches, and their families were so glad to be outside greeting each other and showcasing each team for the start of the 2022 season. The Girls
City Council Regular Meeting Minutes Page 9 of 10 February 15, 2022
Softball and our other youth sports teams are important building blocks toward the future, that it is much more than just having the girls playing outside, running off excess energy, or choosing an awesome team name, but that it’s about teaching them the lifelong skill of teamwork, working together with other people towards a common goal , creating a platform for good faith communication. It will also teach them that different team members will have different ideas and to work together toward the group’s goals rather than personal motives and to seek the most beneficial result. She quoted Division Fire Chief Contreras and stated TEAM, together, everyone achieves more. She thanked all the coaches and parents who invest their time into the youth of our community and for developing their teamwork skills. She stated our former Mayor Robert Ming was a master of teamwork , a man of impeccable ethics, faith- centered values, and a strong moral compass. Many community members, regional leaders, and mayors from other cities have contacted her and a common thread in their conversations was that you could have different ideas or opinions than Robert, but they were always discussed with civility, with kindness, seeking to understand, and that everyone walked away from the table knowing that together, the most beneficial and optimal solution had been reached. There is a huge hole in the heart of our community, as Robert touched so many areas with his vision and commitment to do good for the community. H e can never be replaced, many people will have to step up to fill the many voids created by this immeasurable loss and let his legacy of seeking solutions to benefit others and accomplishing what is right and good, with kindness, joy and understanding, be that which inspires all of us as we carry on his good works. She stated his positive impact on Laguna Niguel and our region is lasting and immeasurable, and God bless Robert and the entire Ming family.
2. City Manager Report/Department Reports
City Manager Letourneau stated the city received multiple calls regarding the news that Orange County Transportation Authority (OCTA) had been in negotiations with the labor groups and there was a possible strike looming. We were happy to receive news that they reached an agreement after negotiating all night and that service will continue as planned.
She wanted to make sure this information was passed along and reiterated that there would be no service interruptions.
Public Works Director Scott provided an update on two Capital Improvement projects.
She stated the playground installation contractors conducted construction surveying and staking at all three parks for the installation of equipment . They will begin moving playground equipment from storage at Chapparosa Park to La Plata and Marina Hills Park to begin assembly of playground structures. After construction surveying is complete at Chapparosa, the contractor will then work on grading and hardscape improvements next week. The completion of the three playground projects is still on schedule for May of 2022.
The interim parking lot at Crown Valley Park is scheduled for completion at the end of February depending on material deliveries , and that concrete sidewalk and hardscape improvements were to be installed later that week. She stated before the parking lot is open, it will be striped for vehicular circulation and parking.
Parks and Recreation Director Rivera provided an update on upcoming activities for the Parks and Recreation Department. He stated that upcoming events included a lyrical opera presentation of Mozart’s Magical Flute on Saturday, February 26 and Sunday,
City Council Regular Meeting Minutes Page 10 of 10 February 15, 2022
February 27 at Sea Country Senior Community Center. An outdoor movie night featuring the movie Spongebob will be held on Friday, March 4 at the Crown Valley Amphitheater at 5:00 p.m., where there will be crafts, face painting, and a guest appearance by Spongebob. He stated there would be an inclusive movie night of Onward for our special needs friends at the Crown Valley Community Center on Friday, March 4 from 5:00 p.m. to 7:00.p.m., where there will be crafts, socialization activities and fun for everyone. There is a lot of excitement for the springtime and summer events and the Parks and Recreation Department will be making some big announcements about the ways it will be celebrating life, Laguna Niguel, and the American way.
ADJOURNMENT
Mayor Gennawey adjourned the Regular City Council Meeting in memory of former Mayor Robert Ming at 8:10 p.m.
Respectfully submitted,
____________________________
Thy Merritt
Deputy City Clerk