LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
March 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 - Monsignor John Urell, St. Timothy Catholic Church PLEDGE OF ALLEGIANCE - Scout Troop 772
PRESENTATIONS
1. Volunteer of the Month Presentation
Mayor Gennawey presented a certificate to Ms. Linda Purrington in honor of her volunteer services at the Niguel Botanical Preserve. Mayor Gennawey thanked Ms. Purrington on behalf of the City Council for her devotion to protecting and preserving the Niguel Botanical Preserve. Ms. Purrington thanked the City Council for this recognition.
2. Proclamation Honoring "Nowruz" Persian New Year on March 20, 2022 Mayor Gennawey presented a proclamation honoring "Nowruz", the Persian New Year on March 20, 2022 to Laguna Niguel Resident Dr. Parmis Khatibi. Dr. Khatibi thanked the City Council for this recognition.
PUBLIC COMMENTS
Kara Ray spoke on the need for community outreach for groups that do not fall within the Senior Citizens Committee and the Youth Committee and how this can be achieved through a UNESCO initiative.
Melissa Caldwell congratulated the Mayor and City Council on Laguna Niguel's ranking as the 6™ safest city in California. She also invited the Council Members and the community to attend an outreach event on anti-bullying scheduled for March 21 at the Community Center.
Colorking ritese chede do theiday a Ning, Mara at the Commercit Conth, where the City Center project would be presented and discussed.
City Council Regular Meeting Minutes Page 1 of 6 March 15, 2022 Mayor Gennawey closed general Public Comments.
CONSENT CALENDAR
Council Member Sharma pulled Item Nos. 7 and 8 for discussion.
A MOTION was made by Mayor Pro Tem Rains, seconded by Council Member Jennings, to approve the Consent Calendar as presented with the exception of Item Nos. 7 and 8.
Motion carried 5-0.
1. Warrants of March 15, 2022
Approved as written.
2. Payroll Summary Register
Approved as written.
Minutes of the Regular City Council Meetings on March 1, 2022 Approved as written.
4. Approval of Amendment No. 2 to the Professional Services Agreement with Placeworks, Inc. for Environmental Consulting Services for the City Center Mixed-Use Proiect
Approved Amendment No. 2 to the Professional Services Agreement with PlaceWorks, Inc. to provide additional environmental consulting services for the City Center Mixed-Use Project for a total not to exceed amount of $46,255;
2. Recognized Planning (Department 21) Professional Services Revenue of $46,255 and appropriate $46,255 to the Planning (Department 21) Professional Services Expenditure Account for Fiscal Year 2021-2022; and Authorized the City Manager to execute Amendment No. 2 to the Professional Services Agreement between the City and PlaceWorks, Inc., subject to the City Attorney making non-substantive changes, upon receipt of payment from the applicant to cover the cost of the Amendment. 2021 Housing Element Annual Progress Report
Authorized staff to submit the 2021 Housing Element Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD) and Governor's Office of Planning and Research (OPR) by April 1, 2022.
City Council Regular Meeting Minutes Page 2 of 6 March 15, 2022 Approval of Amendments to Professional Services Agreements for On-Call Professional Engineering Services with Annealta Group, Derek J. McGregor, Inc. dba DMc Engineering, NV5, Inc., Psomas, Willdan Engineering, and Wolfe Engineering and Design, Inc. to Provide On-Call Development Engineering, Plan Checking, and Program Management Services Approved amendments to the Professional Services Agreements for Professional Engineering Services with Annealta Group, Derek J.
McGregor, Inc. dba DMc Engineering, NV5, Inc., Psomas, Willdan Engineering, and Wolfe Engineering and Design, Inc. to provide on-call development engineering, plan checking, and program management services;
Approved a not-to-exceed 10% contingency of the total contract per year for each firm for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work, if needed; Authorized the City Manager to execute the six amendments and future amendments to the Professional Services Agreements for On-Call Professional Engineering Services, subject to the City Attorney making non- substantive changes.
ITEMS PULLED FROM CONSENT CALENDAR
Approval of Professional Services Agreement for City Hall Audio Visual Equipment Upgrade Project with Triton Technology Solutions
COUNCIL COMMENTS
Council Member Sharma asked for clarification on whether the costs of this project were in addition to or included in the approved Capital Improvement Project Budget of $915,000. Public Works Director Scott clarified that the costs being recommended for this project were budgeted in the Public Works Department operating budget and are for professional services, not construction.
Mayor Pro Tem Rains asked if this company would be making recommendations on the types of services and backup systems the City would be receiving. Public Works Director Scott clarified that this company would provide design and management services and that competitive bidding for the construction contract would begin after.
A MOTION was made by Mayor Pro Tem Rains, seconded by Council Member Minagar to:
1. Approve the Professional Services Agreement with Triton Technology Solutions to provide design and project management services for the City Hall Audio Visual Equipment Upgrade Project for a total not-to-exceed amount of City Council Regular Meeting Minutes Page 3 of 6 March 15, 2022 $92,970;
2. Approve a not-to-exceed 10% contingency of the total contract in the amount of $9,297 for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work for a total not-to- exceed amount of $102,267; and
Authorize the City Manager to execute the Agreement and future amendments to the Professional Services Agreement for design and project management services with Triton Technology Solutions, subject to the City Attorney making non-substantive changes.
Motion carried 5-0.
City Sponsorship of Dana Hills High School Grad Nite 2022
COUNCIL COMMENTS
Council Member Sharma asked if this recommendation fell within the guidelines of the City's policies and procedures. City Manager Letourneau clarified that it does fall within the guidelines.
A MOTION was made by Council Member Sharma, seconded by Council Member Jennings, to approve a sponsorship donation of $2,500 to the Dana Hills High School Grad Nite Committee.
Motion carried 5-0.
DISCUSSION ITEMS
Introduction of Ordinance No. 2022-213, Amending the Laguna Niguel Municipal Code to Preclude the Appointment of Councilmember Relatives to Commissions, Boards and Committees and Preclude the Employment of Such Relatives by the City
City Attorney Ennis provided a report on Ordinance No. 2022-213.
PUBLIC COMMENTS
Stephanie Oddo spoke in favor of the ordinance.
COUNCIL COMMENTS
Council Member Minagar asked if the language of the ordinance was taken from the City of Garden Grove's approved ordinance. City Attorney Ennis clarified that much of the ordinance was patterned from the Garden Grove ordinance. Council Member Minagar asked for further clarification on the definition of "relative" and specifically on the phrasing "and any other legally related person living in the same household." City Attorney Ennis City Council Regular Meeting Minutes Page 4 of 6 March 15, 2022 provided further clarification on the phrase and discussion ensued. Mayor Pro Tem Rains proposed amending the language so that the intent of the phrase can be more clearly understood. Discussion amongst Council Members and City Attorney Ennis ensued regarding the drafted language of the phrase.
Council Member Jennings thanked City Staff for their efforts and made a motion to waive the full reading, amend the language as discussed, and direct the ordinance with the revision be placed on the agenda for the next City Council meeting.
Mayor Pro Tem Rains asked if there was any language in the ordinance covering the issue of City employees applying to be on a Commission, Committee, or Board. City Manager Letourneau clarified that City Staff would be bringing forward personnel policies and procedures addressing this issue in the next 60 days.
A MOTION was made by Council Member Jennings, seconded by Council Member Minagar to:
1. Waive full reading, make any amendments to, and introduce Ordinance No. 2022-213 by title:
ORDINANCE NO. 2022-213
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL
AMENDING THE LAGUNA NIGUEL MUNICIPAL CODE TO PRECLUDE
THE APPOINTMENT OF RELATIVES OF COUNCILMEMBERS TO CITY
COMMISSIONS, BOARDS AND COMMITTEES, TO PRECLUDE THE
EMPLOYMENT OF RELATIVES OF COUNCILMEMBERS, AND MAKING
A FINDING OF EXEMPTION UNDER CEQA IN CONNECTION
THEREWITH
2. Direct that the proposed Ordinance, with any changes to it, be placed on the agenda for the April 5, 2022 City Council meeting and adopt the Ordinance at that meeting.
Motion carried 5-0.
OTHER BUSINESS/COUNCIL REPORTS
Council Reports
Council Member Minagar provided a report on his attendance at a legislative meeting in Sacramento regarding the state budget and various pieces of legislation that impacted the City.
Mayor Pro Tem Rains encouraged the community to attend various events held at the Community Center, reported on the next HOA Alliance meeting, and invited everyone to take part in the various services offered by the Police Services Department City Council Regular Meeting Minutes Page 5 of 6 March 15, 2022 Council Member Sharma thanked his City Council colleagues and the public for the discussion on Ordinance 2022-213. He also reiterated that the upcoming City Center project would be discussed at the upcoming Chamber of Commerce monthly networking breakfast and encouraged the community to attend.
Council Member Jennings expressed her pride that the City was now the 6th safest city in California and thanked the Chief of Police Services Captain Asuncion and the Orange County Sheriff's Department for all that they do. She expressed her sadness over the conflict in Ukraine and wished everyone a Happy Nowruz.
Mayor Gennawey provided a summary on agenda items approved at the meeting tonight and gave a brief report on various meetings she attended. She expressed pride in the City's ranking as the 6'h safest city in California and thanked Chief Asuncion and the Orange County Sheriff's Department for their services. She also invited everyone to the Mayor's Mix and Mingle event.
City Manager Report/Department Reports
City Manager Letourneau provided a report on the recipients of the 2021 Sheriff's Special Recognition Award and thanked the Orange County Sheriff's Department for all that they do for the City of Laguna Niguel.
Community Development Director Orduna provided a report on the City Center Project and the draft Environmental Impact Report (EIR) for the project.
ADJOURNMENT
Mayor Gennawey adjourned the Regular City Council Meeting at 8:07 p.m.
Respectfully submitted,
Thy Merritt
Deputy City Clerk
City Council Regular Meeting Minutes Page 6 of 6 March 15, 2022